Tony Yengeni, the former African National Congress chief whip, claims he was talked into pleading guilty to a fraud charge - and then double-crossed.

In papers before the Pretoria High Court, he says he agreed to the guilty plea because he was running out of money.

Yengeni says former justice minister Penuell Maduna and former national director of public prosecutions Bulelani Ngcuka promised he would be fined no more than R5 000 and would not have to face a jail sentence for defrauding parliament.

Both reneged on this deal, he alleges, and he was jailed for four years in a case arising out of the arms deal.

Yengeni's affidavit was lodged when he asked the High Court to review his conviction and sentence and overturn both.

The deal, he says, was struck by the three of them at Maduna's Bryanston home. This was two months before he was convicted and sentenced.

Magistrate Bill Moyses jailed Yengeni in March 2003 for four years for failing to disclose a 47 percent discount (worth R167 387) on a Mercedes-Benz ML320 4x4 that he had bought in 1998.

Yengeni is only bringing the review now because he has finally organised the funds to do so, he says in the papers filed before the court.

His lack of funds 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 agreed to fund his defence on condition that there was no protracted trial and that Yengeni "settle" the matter by pleading guilty.

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

As it was, Yengeni's financial pressures were such that he had no option but to accept Khumalo's aid.

Yengeni met with Maduna and Ngcuka in January 2003 to discuss the charges he faced.

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

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

Maduna, Yengeni claims, suggested that the entire matter be withdrawn for lack of evidence.

Ngcuka refused, Yengeni says, explaining that the proceedings were under way and that the case had already received massive 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 agreement.

"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 says.

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

Yengeni's lawyers met with Ngcuka, who was now unwilling to commit the agreement to writing because the trial had already started. Instead the state would only enter into oral agreement.

Negotiations broke down totally when the state advocates prepared the plea agreement, which did not include the R5 000 fine or any other part of Yengeni's 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 informed Yengeni that "everything was in order" and the sentence agreement would be raised in chambers with the magistrate.

Yengeni duly pleaded guilty in court, but was alarmed by the prosecutor's aggressive approach during argument for sentencing.

The prosecutor, Advocate Gerda Ferreira, was at that stage the 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 only get 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 did not keep its "side of the bargain", Maduna said Ngcuka seemed to be concerned about his integrity should the agreement be implemented.

The meeting resolved that Maduna would meet Ngcuka to ensure that the agreement be implemented.

Yengeni's attorneys drafted an 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 claims that Ngcuka was, by virtue of his office, a person to be trusted and "his word to be relied upon.

"I did not enjoy a fair trial. A gross irregularity in the proceedings occurred."

Maduna is in Columbia and was unavailable for comment at the time of going to press.

Scorpions spokesperson at the time, Sipho Ngwema, refused to comment on the matter.

"I do not work for the Scorpions anymore and am unable to comment," he said.

Yengeni said that his lawyers had advised him not to comment as the matter was before court.

With acknowledgements to Kevin Ritchie, Estelle Ellis, Gill Gifford, Nalisha Kalideen, Angela Quintal and The Star.