Former ANC chief whip Tony Yengeni might not have to report to jail just yet - despite missing a deadline to seek leave to appeal against his four-year-prison sentence.

He could apply for condonation of late filing of his application for leave to appeal, the Supreme Court of Appeal in Bloemfontein said yesterday.

The Pretoria High Court turned down Yengeni's application for leave to appeal his fraud sentence on April 26.

Legislation stipulated that he had 21 "all days" - or 21 days calculated on a seven-day week - from that date to petition the President of the Supreme Court of Appeal (SCA) for leave to appeal, said SCA registrar H Snyman.

However, the president of the SCA had since directed that the period be extended in practice to 21 court days - calculated on a five-day week. "His (Yengeni's) 21 days expired on May 29," said Snyman.

While this meant Yengeni was out of time to file his petition, it did not necessarily mean he would have to report to jail.

With acknowledgement to Pretoria News.