Former prosecutions boss Bulelani Ngcuka has dismissed as "a contrived version of the truth" former ANC chief whip Tony Yengeni's claims that they had agreed to a R5 000 fine during plea bargain.

"Mr Yengeni's version is going to be exposed in court as a contrived version of the truth," Ngcuka said through his spokesman Sipho Ngwema.

"Why did it take two years? Why is it only coming up now? Plea bargain negotiations took place between Mr Yengeni's team and the NPA team of prosecutors. That is where the decisions were taken. The truth will come out in court."

Yengeni claims in papers in the Pretoria High Court that he reached a verbal agreement with Ngcuka and then-justice minister, Penuell Maduna, that he would change his plea - of not guilty to corruption - to guilty to "a watered-down charge" of fraud.

He also claims that Ngcuka "reneged on the agreement", which he says they reached at a meeting at Maduna's home in Bryanston, Johannesburg, in January 2003.

In an affidavit, Yengeni says he told Ngcuka and Maduna that he had no choice but to settle the matter because he lacked funds for legal fees.

"Mr Ngcuka called me Hlathi, my clan name, and said I was his 'home boy'. He further indicated that he was not interested in destroying me and that he was in agreement that the matter should be settled."

Yengeni also claims Maduna suggested the case be withdrawn for lack of evidence. "Mr Ngcuka indicated he could not withdraw the matter as (it) had commenced and (had) attracted a lot of public and media attention.

"It was agreed that I would plead guilty to a lesser charge."

But, after pleading guilty, Yengeni says, he was taken aback when the state's legal representative, during argument for sentencing, "placed a lot of emphasis on the seriousness of the offence and submitted inter alia that an example should be made of me".

Contrary to the agreement that he would be fined no more than R5 000, Yengeni says the state advocate "did not suggest a fine and laboured the aggravating factors".

"I was let down by Mr Ngcuka as he reneged on the agreement we entered into."

After the case was adjourned for sentence to be handed down on March 19, 2003, Yengeni says he asked to attend a meeting of ANC officials at the party's Luthuli House headquarters in Johannesburg, at which Maduna was to be present, on February 22, 2003.

The Cape Times has learned that ANC secretary-general Kgalema Motlanthe and Minister of Defence Mosiuoa Lekota were also at the meeting.

Motlanthe and Lekota could not be reached for comment by the time of going to press.

"During this meeting with the ANC officials, Dr Maduna confirmed that there was an agreement regarding my sentence and expressly remembered that the fine was not going to be more than R5 000.

"He denied acting in bad faith. When Dr Maduna was asked why the state did not keep their end of the bargain, Dr Maduna said Mr Ngcuka seemed to be concerned about his integrity with the public should the agreement be implemented."

It was then agreed Maduna would meet Ngcuka to ensure the agreement was honoured.

"Despite the aforegoing, I can only draw the inference that Mr Ngcuka defied the agreement confirmed by Dr Maduna," says Yengeni.

National Prosecuting Authority spokesman Makhosini Nkosi declined to comment on Yengeni's claims.

With acknowledgements to Jeremy Michaels and the Cape Times.