Former ANC Chief Whip Tony Yengeni has filed papers with the Supreme Court of Appeal in Bloemfontein in a final bit to challenge his four-year prison sentence passed in 2003 in relation to fraud.

The court received the application asking for leave to appeal directly to the Supreme Court of Appeal (SCA) against his fraud sentence and for condonation for the late filling of the application on Thursday afternoon. The Pretoria High Court turned down Yengeni's earlier application for leave to appeal to the SCA on April 26. However, Yengeni's bail of R10000 was increased to R30000 and extended by two Pretoria high court judges in May.

The extension was made pending the serving of a petition on the president of the SCA for leave to appeal his sentence and any subsequent appeal if his petition was successful. The Pretoria Regional Court sentenced Yengeni in March 2003 to four years imprisonment for defrauding Parliament over a discount he received on a 4x4 Mercedes-Benz from a bidder in the country's multi-million rand arms deal. Yengeni was the chairman of the Parliamentary Joint Standing Committee on Defence at the time.

His appeal against the regional court's sentence -- to the Pretoria High Court -- was dismissed in November last year. The high court rejected his claim that he had been promised a lesser sentence under a plea bargain entered into with the state. High court judges Eberhardt Bertelsmann and Ferdi Preller also found that Yengeni was a public official who had abused his position of trust as a member of parliament and should have been given a more severe sentence.

In an affidavit, filed with other papers at the SCA, Yengeni submits that the regional court magistrate and the high court overemphasized the position of trust which he occupied as a member of parliament in delivering sentence.

He said the regional court was also wrong in finding that he showed no remorse.

The state has until early July to file opposing papers in relation to Yengeni's application for leave to appeal to the SCA, after which the court might decide either to refuse the application or to grant it.

If his petition or subsequent appeal fails Yengeni will have to report to the Pollsmoor Prison, in Cape Town, to start serving his sentence.

With acknowledgement to Sapa.