Tony Yengeni, former ANC chief whip, is asking the Pretoria High Court to overturn his sentence and conviction for defrauding parliament.

He alleges former Justice Minister Penuell Maduna and former prosecutions chief Bulelani Ngcuka reneged on a plea bargain under which he would not be jailed, struck at Maduna's Bryanston home two months before he was convicted and sentenced.

Yengeni pleaded guilty in Pretoria's Specialised Commercial Crimes Court in March 2003, expecting to be slapped with a fine of not more than R5 000.

Instead, magistrate Bill Moyses jailed him for four years for failing to disclose a 47% discount (worth R167 387) on a Mercedes-Benz ML320 4x4 that he had bought in 1998.

Yengeni told the high court he was bringing the application only now because he had finally organised the funds to do so.

His lack of money had led to the plea bargain in the first place.

Running out of money as he fought two charges of corruption and one of fraud in court, Yengeni turned to top Johannesburg businessman Mzi Khumalo "in desperation" for help.

Khumalo had agreed to fund his defence on condition that there was no protracted trial and that Yengeni "settle" the matter by pleading guilty.

Yengeni said that if he had been aware of the "good relationship" between Khumalo and Ngcuka he would have not have accepted Khumalo's conditional aid, because this would have constituted a conflict of interest between Khumalo and Ngcuka.

As it was, his financial plight was such that he had no option but to accept Khumalo's aid.

Yengeni met with Maduna and Ngcuka, then Director of Public Prosecutions, at Maduna's home in January 2003 to discuss the charges he faced.

He told them of his financial difficulties and said he had no option but to settle because of them.

Ngcuka, who called him "Hlathi", his clan name, and "Homeboy", Yengeni said, assured him he had no wish to destroy him and that he wished to settle the matter too.

Maduna, Yengeni alleges, suggested the entire matter be withdrawn for lack of evidence.

Ngcuka had refused, Yengeni said, explaining that the proceedings were under way and that the case had already received heavy media interest.

Instead, they all agreed that Yengeni would plead guilty to the lesser charge of defrauding parliament and receive no more than a R5 000 fine.

"I accepted the arrangement, even though I still felt that I was innocent of all charges."

Yengeni's lawyers would meet Ngcuka to formalise the deal.

"I was not only financially not in a position to proceed with the trial, but I felt morally drained as a result of the media attention and the negative impact on my immediate family and therefore decided to accept the deal despite my innocence," Yengeni said.

He still believed his failure to declare the discount was a breach of a parliamentary rule and not a criminal offence.

Yengeni's lawyers met Ngcuka, who was now unwilling to commit the agreement to writing because the trial had already started.

Instead the State would only enter into an oral agreement.

Negotiations broke down when the State advocates prepared the plea agreement, which did not mention a R5 000 fine or any other part of Yengeni's alleged deal with Maduna and Ngcuka.

Before Yengeni changed his plea to guilty on the lesser charge, his lawyers and the State advocates had a further series of meetings. They had told Yengeni "everything was in order" and the sentence agreement would be raised in chambers with the magistrate.

Yengeni duly pleaded guilty in court, but said he was alarmed by the prosecutor's aggressive argument before sentencing.

The prosecutor, Gerda Ferreira, was at that stage lead prosecutor in the arms deal investigation.

"[She] placed a lot of emphasis on the seriousness of the charge and submitted that an example be made of me. Although she did not argue for a sentence of direct imprisonment, she clearly suggested a harsh sentence. She did not suggest a fine and laboured the aggravating factors."

Concerned, Yengeni passed a note to his lawyers, who reassured him that he would get only a fine.

The trial was adjourned for sentencing in March and Yengeni called a meeting of ANC officials to discuss Ngcuka's conduct.

Maduna was also present at the meeting at Luthuli House. Yengeni complained that Maduna and Ngcuka had acted in bad faith. Maduna confirmed to the officials that an agreement had been struck.

Pressed on why the State had not kept its "side of the bargain", Maduna said Ngcuka had seemed to be concerned about his integrity should the agreement be implemented.

The meeting resolved that Maduna would meet Ngcuka to insure that the agreement was implemented.

That Juner, Yengeni met Maduna at his home to get an affidavit confirming the resolutions of the meeting.

Maduna gave Yengeni his e-mail address so that Yengeni's attorneys could send the draft to him.

The attorneys duly drafted the affidavit, but when Maduna was approached to sign, he refused, saying he was "out of politics" and "not prepared to get involved in [a] political power play between me and Mr Ngcuka regarding political issues".

Yengeni said in court papers that the National Director of Public Prosecutions was, by virtue of his office, a person to be trusted and "his word to be relied upon when entering any agreement (with) an accused person, especially when such an agreement is sanctioned by the minister (of justice).

With acknowledgement to the Cape Argus.