Yengeni resigns from directorships |
Publication |
Mail and Guardian |
Date | 2010-11-04 |
Reporter | Sapa |
Web Link | www.mg.co.za |
African National Congress (ANC) former chief whip Tony Yengeni's lawyer said
on Thursday he has resigned all the directorships he holds in six companies.
"This is his first opportunity to deal with the recent events publicised
regarding his appointment as a director [of] private companies," he said.
Yengeni was out of the country and returned to South Africa on Wednesday
morning, Brian Kahn said in a statement.
Upon his return, Yengeni "immediately consulted his attorneys and he was advised
to resign from such appointments with immediate effect, which he did".
Since 2003, Yengeni had believed he was only limited in holding the office of
director in public companies -- which was what he understood the term public
office to mean, Kahn said.
The statement said Yengeni at no time intended to contravene the Companies Act
and "regrets the incidents".
"He has instructed his attorneys, Brian Kahn Inc, to prepare an application
seeking authority from the high court for him to hold the office of director,"
Kahn said.
DA presses charges
Earlier this week, the Democratic Alliance (DA) laid charges against Yengeni
for serving as a director of six companies, because by law his jail sentence for
fraud precluded him from doing so.
Section 218 of the Companies Act disqualifies anybody jailed for theft, fraud,
forgery or perjury from being a company director, unless the high court sets
aside the disqualification.
Rapport and City Press claimed on Sunday that Yengeni was still
serving as a company director, despite his four-year jail sentence for fraud
linked to South Africa's multi-billion-rand arms deal.
A search of the Companies and Intellectual Property Registration Office (Cipro)
revealed Yengeni serves as a director for Auburn Avenue Trading 88, Circle Way
Trading 231, Duoflex, Abrina 2354, White Rag Investments and Cream Mag Trading.
He joined three of the companies in 2005, before he was sent to jail the
following year, and then took directorship of the other three companies in 2008.
'What has the high court got to do with my life?'
City Press quoted Yengeni as spurning the notion he had to ask the
courts for special permission to serve as a director.
"What has the high court to do with my life?" he reportedly asked.
"Maybe the law stipulates certain things. But the high court... I don't think
they feature. I don't have to ask permission from them to deal with my life," he
reportedly said.
Yengeni is currently in charge of establishing the ANC's new political school.
-- Sapa
With acknowledgements to Sapa and Mail and Guardian.