The African National Congress has suspended the membership of former National Assembly chief whip Tony Yengeni for five years.

The decision of the party's disclipinary committee - chaired by National Executive Committee member and national education minister Kader Asmal - was announced today.

Yengeni recently resigned from Parliament after receiving a four-year sentence for defrauding Parliament. Yengeni covered up the nearly 50% discount he received on a luxury Mercedes Benz ML320 through an arms company associated with the arms procurement deal while he was chair of the joint parliamentary defence committee.

He was given R10,000 bail pending his appeal.

The national disciplinary committee (NDC) - which also included (Public Service Minister) Geraldine Fraser-Moleketi and (Public Enterprises Minister) Jeff Radebe - noted in a statement that "Tony Sithembiso Yengeni", who was a member of the ANC's national executive committee, appeared before their committee on Saturday - June 21.

He faced charged relating to his contravention of rule 25.5.© of the ANC constitution.

It was alleged that he had brought the ANC into disrepute "and displayed conduct unbecoming that of a member or a public representative of the ANC relating to the acquisition of a motor vehicle and the required declarations to Parliament in terms of the Code of Conduct for MPs".

According to the ANC statement Yengeni entered a plea of guilty to the charge in a detailed statement in which he stated that he failed to disclose the 47% discount which he received on the vehicle, a discount that was not available to the general public and was required to be registered in terms of the Code of Conduct for Members of Parliament which he had not done.

He had further made misrepresentations to the National Assembly of Parliament and to the public by stating that he signed a document dated 15 October 1998, an agreement of sale in respect of the vehicle for the falsely deflated amount of R230,052; falsely reported that he paid a deposit of R50,000 and that the vehicle was damaged during transport and that the vehicle was sold as a used vehicle without a warranty.

The ANC reported that "during the hearing Yengeni expressed remorse for his behaviour and the embarrassment that had been caused to the ANC".

The NDC viewed Yengeni's contravention of the ANC Constitution - by behaving in such a manner as to bring the ANC into disrepute, to which he had pleaded guilty - "as one of an extremely serious nature, although the committee recognised that there was no fraudulent appropriation of property and that Yengeni had co-operated fully with the disciplinary process".

The NDC decided to suspend Yengeni's membership of the ANC for a period of five years, commencing from 21 June 2003.

This penalty was wholly suspended for a period of three years on condition that Yengeni, during the period of suspension, was not convicted of any offence by a court of law; or convicted of any contravention in terms of the ANC constitution or any ANC code of conduct, where dishonesty forms an element of the matter of which Yengeni is convicted and it is of a serious nature.

"The matter in respect of which he has been convicted of fraud and which is presently on appeal before our courts of law is specifically excluded for purposes of this condition," it said.

The NDC also noted as part of the finding by the committee Yengeni's voluntary undertaking not to stand for any position in Government or Parliament.

With acknowledgements to Donwald Pressly, INet Bridge and the Business Day.