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Parliament says ‘no’ to Yengeni

Publish date: 14 December 2006
Issue Number: 43
Diary: Legalbrief Forensic
Category: Corruption

Parliament has turned down a request by former ANC Chief Whip Tony Yengeni that it pay the costs of his planned Constitutional Court challenge to have his fraud conviction overturned, according to a report in The Mercury.

Yengeni, who is in prison, recently asked that Parliament pick up the tab when he challenges his conviction. However, Parliament’s spokesperson, Luzuko Jacobs, said yesterday that the institution was not in a position to assist Yengeni financially, nor was it able to refer the matter to the State Attorney on his behalf. ‘Parliament can only pay (the) legal funds of a member who was acting within the scope of his duty,’ said Jacobs. ‘Parliament does not feel it can be vicariously liable for Mr Yengeni’s actions.’ Yengeni’s lawyer, Themba Langa, is basing the legal bid on a defunct law, according to a Sunday Times report. Section 58 of the Powers and Privileges Act of 1963, grants MPs immunity from civil or criminal proceedings, arrest, imprisonment or damages. Langa said Yengeni was convicted before this Act was repealed in 2004. He said in the letter to Parliament that Yengeni’s conviction was ‘unconstitutional’ because the now defunct Act had been in force at the time of the fraudulent deal. Langa said: ‘Tony is relatively young, he is a politician. If this conviction stands, it will deny him a prominent role in politics or in business.’ The Mercury report not available online Full Sunday Times report

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