ANC's former chief whip says he pleaded guilty as part of a deal to avoid prison

New salvo in the battle over the Scorpions

Mining magnate Mzi Khumalo has denied giving Tony Yengeni financial assistance or advising him to accept a deal over his discounted Mercedes-Benz.

"I hardly know him and I have never had discussions with him. I see him at the occasional ANC function, but he has never been to my home and I doubt he even knows where I live," he said

Khumalo, who was overseas until yesterday, said he was not aware that he had been mentioned in an affidavit presented by the former ANC chief whip in a bid to appeal his four-year jail sentence.

Yengeni pleaded guilty to fraud in 2003, but has now filed papers in the Pretoria High Court appealing the sentence and the conviction.

"I would like to see what he has written in his affidavit because if he said that he actually approached me to help him on this and submitted it under oath, then he has committed perjury," said Khumalo.

In the affidavit before the court, Yengeni said he had turned to Khumalo for assistance, after he ran out of money for legal counsel.

"I tried to explore all sorts of avenues and, in desperation, turned to a friend, Mzi Khumalo, to assist me financially to conduct my case. He agreed to assist me financially on condition that he would not be able to fund a protracted trial.

"Mr Khumalo instructed Mr Mashile of the firm Mashile-Ntlhoro Incorporated of Johannesburg to act as my attorney, who briefed Advocate Notshe to represent me in court. Mr Mzi Khumalo made it clear to me that he would assist me financially on condition that I ‘settle' the matter and plead guilty."

Khumalo confirmed that Brian Mashile is his lawyer. "We are very close friends and he handles a lot of matters for me, but I would never instruct him to represent Yengeni. Why should I?"

Yengeni also said he accepted help from Khumalo, but only later realised that he was a good friend of former prosecutions boss Bulelani Ngcuka.

Khumalo said: "I find that strange since it is a well-known fact that we are good friends and have been for many years."

"The Kebbles [Brett and Roger] raise it all the time and argue that it is because of their dispute with me that they were pursued by Bulelani."

Questions have been raised about whether Yengeni is trying to have his conviction overturned so that he can pursue his political aspirations. He is still a member of the ANC's national executive committee.

On June 21 2003, Yengeni appeared before the ANC's national disciplinary committee and pleaded guilty to bringing the party into disrepute and displaying conduct unbecoming of an ANC public representative.

He claims that he made a deal in his fraud trial with the former Minister of Justice, Penuell Maduna and Ngcuka which meant he would stay out of jail.

In his papers, he claims he pleaded guilty after promises were made that he would get off with only a R5000 fine.

But, like Khumalo, Maduna and Ngcuka also do not agree with Yengeni's statements in the court papers.

Neither seem to recall Yengeni's version of the outcome of two meetings, one held at Maduna's home and another held at the ANC head office, Luthuli House.

In the court papers Yengeni indicated that Ngcuka had suggested he plead guilty to a watered down charge — and that he would ensure that Yengeni received a sentence of not more than a fine.

Although not happy about pleading guilty, Yengeni said he agreed that the deal would avoid a drawn out trial.

But when he got a document from the prosecuting team, it did not reflect his side of the deal — as he had agreed with Ngcuka and Maduna.

He reluctantly signed the document and was convicted.

Then, due to be sentenced on March 19, Yengeni asked to attend an official meeting of the ANC, where he complained that Maduna and Ngcuka had negotiated with him in bad faith.

Yengeni claimed that it was agreed that Maduna would meet Ngcuka to discuss the matter and ensure that the agreement be implemented.

Yengeni was sentenced on March 19 2003 and immediately notified the court of his intention to appeal against his four-year sentence.

The court will have to determine the validity of Yengeni's claims that he indeed struck a deal to keep him out of jail.

Ngcuka has denied Yengeni's claim that he made a deal.

Ngcuka's spokesman Sipho Ngwema said: "Yengeni's statement is a contrived version of the truth."

Maduna would not comment this week, except to say that he supported Ngcuka's account of events.

When asked why Yengeni is only filing this appeal now, his attorney, Marius du Toit said his client waited two years because it took a long time to source all the relevant court records.

The state initially supported Yengeni's appeal, indicating to the court in December 2003 that it would suggest that he did not serve time in jail.

But this support was withdrawn after Yengeni amended his appeal to include a request that the conviction also be overturned, said Scorpions spokesman, Makhosini Nkosi.

Yengeni's legal offensive comes at a time when a question mark looms over the future of the Scorpions, following President Thabo Mbeki's announcement that a commission of inquiry would be set up to assess the possibility of merging the Scorpions with the police.

With acknowledgements to Chantelle Benjamin, S'thembiso Msomi and the Sunday Times.