Publication: Cape Argus Issued: Date: 2006-08-22 Reporter: Staff Reporter Reporter:

'Yengeni May Get VIP Status'

 

Publication 

Cape Argus

Date

2006-08-22

Reporter

Staff Reporter

Web Link

www.iol.co.za

 

South Africa's top corruption busters are satisfied at last - because Tony Yengeni's final bid to stay out of jail has failed.

The Supreme Court of Appeal on Monday upheld the former ANC chief whip's conviction and four-year prison term for fraud.

After a marathon legal struggle that began with his arrest in 2001, Yengeni must report to Pollsmoor prison by Thursday morning. But he is likely to to serve just eight months behind bars - and may receive special treatment.

He was sentenced in 2003 but has been free while appealing against his sentence.

"Excellent news. We are going to hear the prison doors going clang behind him," said Willie Hofmeyr, the head of the Special Investigating Unit and the National Prosecuting Authority's asset forfeiture unit.

Hofmeyr was speaking on the sidelines of a dinner in Cape Town, where Scorpions boss Leonard McCarthy was hosting top corruption fighters from countries including Pakistan, Indonesia, Britain, Zambia, Kenya, Tanzania, as well as such organisations as the World Bank.

Asked for comment on Yengeni's failed appeal, Hofmeyr said victory for the NPA had been a long time coming.

McCarthy, the man who ultimately ensured Yengeni will exchange his Armani suits for prison overalls, was more reserved: "It's more the finality of closing the case, but I get no joy out of such things."

He agreed it was good to know that the appeal court in Bloemfontein had upheld the NPA's case.

The Pretoria Regional Court found him guilty of defrauding parliament over a huge discount he received on a Mercedes-Benz 4x4 from the European Aeronautic Defence and Space Company (EADS) - which was seeking a contract in the multibillion-rand arms deal.

Hofmeyr and McCarthy acknowledged serious pressure had been brought to bear on them from various quarters during the investigation and subsequent trial.

"It was not an ordinary trial," McCarthy said, and the NPA had experienced more than its share of abuse.

Provincial correctional services spokesperson Mark Solomons said Yengeni would be inducted into the prison system as a "normal prisoner".

He would be "taken through a process, be detained at the admission centre and could then be placed in another prison, depending on our decision. He may not serve his sentence at Pollsmoor. We may hold a meeting to discuss his issue. It's hard to say what will happen."

But a senior correctional services officer who ranks above Solomons told the Cape Argus that Yengeni would "definitely receive preferential treatment".

"First, if we make a decision that he will serve his sentence at Pollsmoor, he will be allocated a single cell.

"Secondly, he would be kept away from gangsters and other dangerous criminals while being kept in the maximum security section of Pollsmoor.

"From maximum, he could be moved to the Medium B section, where most of the inmates are not gangsters or hardened criminals."

The officer said Yengeni might also be allocated a single cell in Pollsmoor's hospital section.

"At the moment there are only about 20 prisoners in the hospital section, and they are all sickly. It will be safe for him there."

But it won't all be smooth sailing.

The officer said Yengeni would be allowed to make or receive phone calls only at weekends.

"He will get 36 visits, but only on weekends and public holidays. His time in prison will be too short for him to be placed on a programme."

Yengeni's lawyer, Marius du Toit, said on Monday night his client was "obviously disapppointed".

He would be eligible for early release after serving eight months of his sentence.

The Cape Argus visited Yengeni's home - an ordinary suburban house - in Tigerhof, Milnerton, on Monday evening. A domestic worker, who did not identify herself, said neither Yengeni nor his wife Lumka were at home. She was expecting them later.

When the Cape Argus contacted Yengeni's parents at their Gugulethu home late on Monday, it was their first news of the failure of his appeal.

His father, Lesley Yengeni, was silent for a long time. Then he said: "We feel bad."

The family would probably "call a meeting" to discuss how best to deal with the situation.

"We are going to have to stand together," he said.

Deputy ANC provincial secretary Max Ozinsky served under Yengeni in uMkhonto weSizwe in the 1980s.

Speaking in his private capacity, he said on Tuesday: "It's very sad that he needs to go to jail. I think he was a very good commander - and he's a very dedicated cadre of the ANC.

"We might not agree with the court's decision... but we do respect the outcome of the court.

"It's difficult. Tony is someone who has given his whole life to the struggle."

With acknowledgement to the Cape Argus.