Publication: Cape Argus Issued: Date: 2007-04-13 Reporter: John Yeld

Cape Argus Pursues Inquiry on Yengeni

 

Publication 

Cape Argus
Date

2007-04-13

Reporter

John Yeld

Web Link

www.capeargus.co.za

 

'Of genuine public interest'

The Department of Correctional Services has been given five days to respond to an application by the Cape Argus for particulars about convicted fraudster Tony Yengeni's correctional supervision or face High Court Action.

This step has been taken after the Cape Argus filed an application in terms of the Promotion of Access to Information Act for the details in February, nearly a fortnight ahead of a similar move by the Democratic Alliance. The Cape Argus application was faxed and sent by registered post.

However, the department did not respond to the paper within the statutory 30 days.

Yengeni, a former ANC chief whip and the respected commander of a local MK unit during the struggle era of the 1980s, was jailed for four years after being convicted in 2003 of fraud in connection with not disclosing a 47% discount on a luxury Mercedes-Benz 4x4 from a company with an interest in the arms deal.

An appeal subsequently failed, with the appeal judges finding that Yengeni had initiated the fraudulent deal, had then helped prepare a backdated agreement of sale falsely stating the car had been bought for R230 052 and that he had paid a R50 000 deposit. Yengeni paid for newspaper adverts proclaiming his innocence and lied to Parliament in a special statement.

Reporting to start his sentence on August 24 last year, Yengeni was given a rapturous send-off at Pollsmoor Prison by a crowd of well-wishers who included high-profile politicians.

However, he was released from Malmesbury Prison less than five months later, on January 15, allegedly in favoured circumstances. His correctional supervision conditions for his early release reportedly included 16 hours of monthly community service at Gugulethu's Siyazama Educare Centre.

The Department of Correctional Services responded to the DA's request for information on the last day possible, refusing its application by saying that the request for Yengeni's "record pertaining to his sentence for fraud" was "too wide".

The DA has now appealed the decision, as it is entitled to in terms of the Promotion of Access to Information Act.

However, because the department failed to respond to the Cape Argus request, the paper has not filed an appeal.

In a registered letter sent yesterday to the acting national commissioner, Jabu Sishuba, the Cape Argus pointed out that more than a month-and-a-half had elapsed since its application.

In terms of the Act, if the department had not responded within 30 days or within any extended period - which had not been requested - the application was deemed to have been refused. However, the newspaper could not avail itself of the internal appeals procedures as the department had not provided any reasons for its refusal to comply, the letter says.

As a result, the newspaper told Ms Sishuba that unless the department responded within five days, giving complete reasons for refusing to provide the information requested, it would have "no other option" but to approach the High Court for relief, as provided for in terms of the Act.

Cape Argus editor Chris Whitfield said the newspaper believed Yengeni's correctional supervision was a matter of genuine public interest, and that it was determined to use all tools at its disposal to get the facts for its readers.

With acknowledgements to John Yeld and Cape Argus.