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

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

"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," said Ngwema.

Yengeni claims in court papers that he reached a verbal agreement with Ngcuka, the former National Director of Public Prosecutions turned businessman, and former Justice Minister Penuell Maduna that he would change his not guilty plea on charges of corruption and plead guilty to "a watered down charge" of fraud.

Instead he was faced with a hostile prosecution after pleading guilty and received a four-year prison sentence without the option of a fine, Yengeni charges.

In papers filed before the Pretoria High Court, Yengeni claims that Ngcuka "reneged on the agreement" which they had reached at a meeting at Maduna's home in Bryanston, Johannesburg, one Sunday in January 2003.

In an affidavit Yengeni says he told Ngcuka and Maduna that he had no choice but to settle the matter due to a lack of funds.

He claims that Maduna suggested the case be withdrawn for lack of evidence.

"Mr Ngcuka indicated that he could not withdraw the matter as the case has already commenced and that the case attracted a lot of public and media attention."

"(But) it was agreed between the three of us that I would plead guilty to a lesser charge," Yengeni says in the court papers.

But, after eventually pleading guilty, Yengeni says he was taken aback by the attitude of the State's legal representative who 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 with Ngcuka and Maduna 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 which we entered into," Yengeni says in the affidavit.

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

ANC secretary-general Kgalema Motlanthe and current Minister of Defence Mosioua Lekota were apparently also present at the Luthuli House meeting.

Motlanthe and Lekota were not available for comment.

"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," Yengeni says.

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

National Prosecuting Authority spokesman Makhosini Nkosi said he did not want to comment on Yengeni's allegations.

But NPA insiders said the prosecution service was unlikely to oppose Yengeni's application to have his sentence reviewed, although it would oppose a review of his conviction. The ANC was not available for comment.

The Democratic Alliance said Yengeni's revelations gave rise to a number of disturbing questions, including whether it was true that Ngcuka and Maduna participated in a plea with Yengeni.

"If so, why was this special deal offered to Yengeni? Was it to protect the ANC from embarrassment? "Was it simply the ANC elite looking after one of their own to the extent of trying to save him from jail?"

DA MP Sheila Camerer said: "While plea bargain legislation is fairly new it is also fairly clear and any deal has to be sanctioned by the court. Yengeni has every right to take his chances in court but short of a presidential pardon this would appear to be a long shot."

With acknowledgements to Jeremy Michaels and the Pretoria News.