Tony Yengeni
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Tony Sithembiso Yengeni (born 11 October 1954) is a South African politician and former
anti-apartheid activist Several independent sectors of South African society opposed apartheid through various means, including social movements, passive resistance, and guerrilla warfare. Mass action against the ruling National Party (NP) government, coupled with So ...
. He represented the
African National Congress The African National Congress (ANC) is a political party in South Africa. It originated as a liberation movement known for its opposition to apartheid and has governed the country since 1994, when the 1994 South African general election, fir ...
(ANC) in the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
from May 1994 to March 2003, including as
Chief Whip of the Majority Party The Chief Whip of the Majority Party is an official office bearer in the National Assembly of South Africa. , Mdumiseni Ntuli of the African National Congress (ANC) serves as the Chief Whip of the Majority Party, replacing Pemmy Majodina, who w ...
from November 1998 to October 2001. He was a member of the ANC National Executive Committee between 1994 and 2022, though he resigned from legislative politics after he was convicted of
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
in 2003. Yengeni grew up on the
Cape Flats The Cape Flats () is an expansive, low-lying, flat area situated to the southeast of the central business district of Cape Town. The Cape Flats is also the name of an administrative region of the City of Cape Town, which lies within the larger geo ...
but joined the ANC in 1976 and went into exile with the party's armed wing,
Umkhonto we Sizwe uMkhonto weSizwe (; abbreviated MK; ) was the paramilitary wing of the African National Congress (ANC), founded by Nelson Mandela in the wake of the Sharpeville massacre. Its mission was to fight against the South African government to brin ...
. In 1986, he returned to South Africa as the commander of
Umkhonto we Sizwe uMkhonto weSizwe (; abbreviated MK; ) was the paramilitary wing of the African National Congress (ANC), founded by Nelson Mandela in the wake of the Sharpeville massacre. Its mission was to fight against the South African government to brin ...
's structures in
Cape Town Cape Town is the legislature, legislative capital city, capital of South Africa. It is the country's oldest city and the seat of the Parliament of South Africa. Cape Town is the country's List of municipalities in South Africa, second-largest ...
. He was detained for his activism between 1987 and 1991, awaiting trial on
terrorism Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...
charges, but he was indemnified and released in March 1991 during the
negotiations to end apartheid The apartheid system in South Africa was ended through a series of bilateral and multi-party negotiations between 1990 and 1993. The negotiations culminated in the passage of a new interim Constitution in 1993, a precursor to the Constitution ...
. After that, he was the regional secretary of the ANC in the
Western Cape The Western Cape ( ; , ) is a provinces of South Africa, province of South Africa, situated on the south-western coast of the country. It is the List of South African provinces by area, fourth largest of the nine provinces with an area of , an ...
until the 1994 general election, when he was elected to the National Assembly. In the National Assembly, before his appointment as Chief Whip, Yengeni chaired the Joint Standing Committee on Defence in the first democratic Parliament from 1994 to 1998. His activities in the committee gave rise to a criminal charge during investigations into alleged corruption in the Arms Deal. In 2003, he was found guilty of fraud. He was sentenced to four years in prison, but only served four months, for getting an unlawful discount on a Mercedes Benz he purchased.


Early life and education

Yengeni was born on 11 October 1954 in
Cape Town Cape Town is the legislature, legislative capital city, capital of South Africa. It is the country's oldest city and the seat of the Parliament of South Africa. Cape Town is the country's List of municipalities in South Africa, second-largest ...
. He grew up in
Gugulethu Gugulethu is a township in Western Cape, South Africa and is around 20km from Cape Town. Its name is a contraction of ''igugu lethu'', which is Xhosa for ''our pride / our hope.'' The area was the third township to be established in Cape Town, a ...
and
Nyanga Nyanga may mean: *Nyanga Province, of Gabon *Nyanga River, in Gabon and Congo *Nyanga people, an ethnic group from Congo *Nyanga, Zimbabwe, a town *Nyanga District, Zimbabwe *Nyanga National Park in Zimbabwe *Nyanga, Western Cape, a township in Sou ...
, both
townships A township is a form of human settlement or administrative subdivision. Its exact definition varies among countries. Although the term is occasionally associated with an urban area, this tends to be an exception to the rule. In Australia, Canad ...
on the
Cape Flats The Cape Flats () is an expansive, low-lying, flat area situated to the southeast of the central business district of Cape Town. The Cape Flats is also the name of an administrative region of the City of Cape Town, which lies within the larger geo ...
, and matriculated at Fort Beaufort College in Cape Town.


Anti-apartheid activism

He entered anti-apartheid politics through the
Black Consciousness Movement The Black Consciousness Movement (BCM) was a grassroots anti-apartheid activist movement that emerged in South Africa in the mid-1960s out of the political vacuum created by the jailing and banning of the African National Congress and Pan Af ...
before joining the outlawed
African National Congress The African National Congress (ANC) is a political party in South Africa. It originated as a liberation movement known for its opposition to apartheid and has governed the country since 1994, when the 1994 South African general election, fir ...
(ANC) in 1976. He went into exile with the ANC in the
Frontline States The Frontline States (FLS) were a loose coalition of African countries from the 1960s to the early 1990s committed to ending apartheid in South Africa and South West Africa (today Namibia), and white minority rule in Rhodesia (today Zimbabwe) to 1 ...
, receiving military training at
Umkhonto we Sizwe uMkhonto weSizwe (; abbreviated MK; ) was the paramilitary wing of the African National Congress (ANC), founded by Nelson Mandela in the wake of the Sharpeville massacre. Its mission was to fight against the South African government to brin ...
(MK) camps in Lesotho, Botswana, Zambia, and Angola; he also travelled to
Moscow Moscow is the Capital city, capital and List of cities and towns in Russia by population, largest city of Russia, standing on the Moskva (river), Moskva River in Central Russia. It has a population estimated at over 13 million residents with ...
in the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
to study for a social science diploma in 1982. He was later seconded to the
South African Congress of Trade Unions The South African Congress of Trade Unions (SACTU) was a national trade union federation in South Africa. History The federation was established in March 1955, after right wing unions dissolved the South African Trades and Labour Council in 1954 t ...
in Lesotho, where he was regional secretary.


Detention and trial: 1986–1991

In 1986, Yengeni returned to South Africa to lead the MK underground in Cape Town. The following year, in a crackdown on his MK network, Yengeni was arrested and detained indefinitely under Section 29 of the Internal Security Act. Awaiting trial in
Pollsmoor Prison Pollsmoor Prison, officially known as Pollsmoor Maximum Security Prison, is located in the Cape Town suburb of Tokai in South Africa. Pollsmoor is a maximum security penal facility that continues to hold some of South Africa's most dangerous c ...
, he and the others mounted a
hunger strike A hunger strike is a method of non-violent resistance where participants fasting, fast as an act of political protest, usually with the objective of achieving a specific goal, such as a policy change. Hunger strikers that do not take fluids are ...
which received public attention, demanding improvements in detention conditions, including that they – the defendants – should not be held in racially segregated facilities. In what became known as the Yengeni Trial or Rainbow Trial (for the racial diversity of the defendants), the state pursued terrorism charges – a step-down from the initial
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
charges – against Yengeni and 13 others, including Jenny Schreiner and his own future wife. They were accused of planting two bombs (which had not harmed anyone) and illegal possession of firearms and explosives. The defendants exploited the prosecution for political purposes; for example, they refused to plead guilty or not guilty and instead entered a lengthy plea which reversed the charge of terrorism and treason against the state and ended with the statement, "Victory is certain. South Africa shall be free." In March 1991, during an adjournment of the trial and amid ongoing
negotiations to end apartheid The apartheid system in South Africa was ended through a series of bilateral and multi-party negotiations between 1990 and 1993. The negotiations culminated in the passage of a new interim Constitution in 1993, a precursor to the Constitution ...
, Justice Minister
Kobie Coetsee Hendrik Jacobus Coetsee (19 April 1931 – 29 July 2000), known as Kobie Coetsee, was a South African lawyer, National Party politician and administrator as well as a negotiator during the country's transition to universal democracy. Biograp ...
announced that Yengeni and the others had been indemnified and would be released.


Transitional ANC: 1991–1994

By the time of Yengeni's release in 1991, the ANC had been unbanned by the apartheid government, and Yengeni became secretary of the party's new above-ground branch in the
Western Cape The Western Cape ( ; , ) is a provinces of South Africa, province of South Africa, situated on the south-western coast of the country. It is the List of South African provinces by area, fourth largest of the nine provinces with an area of , an ...
. He became a popular figure in Western Cape politics, aligning himself with
populist Populism is a contested concept used to refer to a variety of political stances that emphasize the idea of the " common people" and often position this group in opposition to a perceived elite. It is frequently associated with anti-establis ...
leaders like
Winnie Mandela Winnie Nomzamo Madikizela-Mandela (born Nomzamo Winifred Zanyiwe Madikizela; 26 September 1936 – 2 April 2018), also known as Winnie Mandela, was a South African politician and anti-apartheid activist, second wife of Nelson Mandela. During ...
and
Peter Mokaba Peter Mokaba, OLS (7 January 1959 – 9 June 2002) was a member of the South African parliament, deputy minister in the government of Nelson Mandela and president of the South African governing party's youth wing, the ANC Youth League. Th ...
and campaigning militantly for the ANC ahead of the 1994 general election.


National Assembly

In the April 1994 general election, South Africa's first under universal suffrage, Yengeni was elected to represent the ANC in the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
, the lower house of the new
South African Parliament The Parliament of the Republic of South Africa is South Africa's legislature. It is located in Cape Town; the country's legislative capital. Under the present Constitution of South Africa, the bicameral Parliament comprises a National Asse ...
. He was also appointed as chairperson of Parliament's Joint Standing Committee on Defence. At the ANC's 49th National Conference in December 1994, Yengeni was elected for the first time to the ANC National Executive Committee. He served on the committee throughout his tenure in Parliament, gaining re-election in December 1997 and December 2002. Also during this period, Yengeni gained national attention for his July 1997 appearance at the
Truth and Reconciliation Commission A truth commission, also known as a truth and reconciliation commission or truth and justice commission, is an official body tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state ac ...
, where he cross-examined Jeffrey Benzien, a former member of the
South African Police The South African Police (SAP) was the national police force and law enforcement agency in South Africa from 1913 to 1994; it was the ''de facto'' police force in the territory of South West Africa (Namibia) from 1939 to 1981. After South Af ...
, who had severely
tortured Torture is the deliberate infliction of severe pain or suffering on a person for reasons including punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions restrict torture to ac ...
him during his apartheid-era detention on terrorism charges. In a commission hearing, Yengeni asked Benzien to demonstrate the use of the " wet bag", a form of suffocation torture that Yengeni had been subjected to. Yengeni's comrade
Mcebisi Skwatsha Mcebisi Skwatsha (born 31 July 1964) is a politician from the Western Cape. He is currently serving as the Deputy Minister of Agriculture, Land Reform and Rural Development since May 2019. Before that portfolio was established, he was Deputy M ...
volunteered to act as the prisoner in the re-enactment. Later in the same hearing, Benzien accused Yengeni of having betrayed his ANC comrades, providing information about them under torture; Yengeni called this "bullshit". In November 1998, the ANC promoted Yengeni to succeed
Max Sisulu Max Vuyisile Sisulu (born 23 August 1945) is a South African politician and businessman who was Speaker of the National Assembly of South Africa, Speaker of the National Assembly from May 2009 to May 2014. A member of the African National Congr ...
as the
Chief Whip of the Majority Party The Chief Whip of the Majority Party is an official office bearer in the National Assembly of South Africa. , Mdumiseni Ntuli of the African National Congress (ANC) serves as the Chief Whip of the Majority Party, replacing Pemmy Majodina, who w ...
in the National Assembly. He resigned from that office on 4 October 2001, the day after he was arrested and charged with corruption. He remained an ordinary Member of Parliament until 5 March 2003, when he resigned from his seat after his fraud conviction; his resignation followed reports that he had been encouraged to step down both by the Speaker of the National Assembly,
Frene Ginwala Frene Noshir Ginwala (25 April 1932 – 12 January 2023) was a South African journalist and politician who was the first speaker of the National Assembly of South Africa from 1994 to 2004.
, and by the ANC secretary-general,
Kgalema Motlanthe Kgalema Petrus Motlanthe (; born 19 July 1949) is a South African politician who served as the 3rd president of South Africa from 25 September 2008 to 9 May 2009, following the resignation of Thabo Mbeki. Thereafter, he was deputy president und ...
.


Arms Deal conviction

Yengeni was arrested in October 2001 and released on
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
of R10 000 during an investigation by then National Director of Public Prosecutions,
Bulelani Ngcuka Bulelani T. Ngcuka (pronounced ; born 2 May 1954) is a South African attorney, prosecutor and activist, who served as the first Director of Public Prosecutions in South Africa, and is the husband of former Deputy President of South Africa Phu ...
, into allegations of misuse of power by Yengeni and
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan names Nxamalala and Msholozi. Zuma was a for ...
. According to the Sunday Times, EADS admitted that the company "helped" approximately 30 South African officials to obtain luxury vehicles. Yengeni was specifically charged with defrauding parliament by accepting a discount on a luxury car during the tendering process for a controversial arms deal while he was the member of a parliamentary committee reporting on the same deal. Yengeni pleaded "not guilty" and placed full-page advertisements proclaiming his innocence in all the Sunday newspapers (except ''
The Sunday Times ''The Sunday Times'' is a British Sunday newspaper whose circulation makes it the largest in Britain's quality press market category. It was founded in 1821 as ''The New Observer''. It is published by Times Newspapers Ltd, a subsidiary of N ...
''). This was estimated to have cost the chief whip R250,000. Member of Parliament suggested that Yengeni was being offered up as a scapegoat for the arms deal scandal, so that others could avoid being charged. Yengeni eventually entered into a
plea agreement A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include ...
in which various corruption charges were dismissed in exchange for his pleading guilty to one count of fraud. In March 2003, the court entered a conviction against Yengeni for fraud and sentenced him to four years in prison.


Imprisonment

After failed appeals, Yengeni entered
Pollsmoor Prison Pollsmoor Prison, officially known as Pollsmoor Maximum Security Prison, is located in the Cape Town suburb of Tokai in South Africa. Pollsmoor is a maximum security penal facility that continues to hold some of South Africa's most dangerous c ...
near Cape Town on 24 August 2006, was immediately transferred to more modern Malmesbury prison. Yengeni was released on
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
on 15 January 2007, after completing a mere four months of the four-year sentence. Senior Western Cape ANC leaders, including Mcebisi Skwatsha, were present at his release. He continued to maintain his innocence, saying that prison was "a place that I was not supposed to be in the first place".


Aftermath

In 2010, it came to light that Yengeni had failed, as required by the Companies Act, to inform the registration office of his fraud conviction, and had failed to remove himself as a director of registered companies. Yengeni was sued and had to withdraw as a director from six companies. In 2013, additional documents came to light showing Yengeni's deeper involvement in the arms deal.


Later political career

Upon his release from prison, Yengeni was expected immediately to resume his political activities, with the ANC saying that he had served his suspension from the party and would "be able to continue his contribution to building a united, democratic, non-racial and non-sexist society". Indeed, even while in prison, Yengeni had accepted social visits from
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan names Nxamalala and Msholozi. Zuma was a for ...
and
Tokyo Sexwale Mosima Gabriel "Tokyo" Sexwale (; born 5 March 1953) is a South African businessman, politician, anti-apartheid activist, and former political prisoner. For many years, Sexwale was imprisoned on Robben Island for his anti-apartheid activities, ...
, both of whom presumably sought his help lobbying support in the Western Cape for their respective presidential campaigns. As expected, Yengeni publicly endorsed Zuma's presidential bid, saying that, "He is a seasoned revolutionary and although he's not an angel, he has the gravitas, experience and intelligence to unite the organisation he ANC" At the ANC's 52nd National Conference, held in
Polokwane Polokwane (, meaning "Sanctuary" in Northern SothoPolokwane - The Heart of the Limpopo Provin ...
in December 2007, Zuma was elected as ANC president, and Yengeni was re-elected to the party's 80-member National Executive Committee in 21st place. He was also elected to a five-year term on the influential
National Working Committee The PDP National Working Committee, also known by its acronym NWC, is the Committee#Executive committee, executive committee of the People's Democratic Party (Nigeria), People's Democratic Party in Nigeria. The NWC is composed of 12 members, all o ...
. Over the next decade, he was re-elected to two further terms on the National Executive Committee, ranked 65th of 80 at the 53rd National Conference in December 2012 and ranked 50th of 80 at the 54th National Conference in December 2017. However, he tempered his support for Zuma, and by 2012 was believed to be actively working against Zuma's re-election bid. On one ANC meeting in June 2012, Yengeni reportedly verbally attacked Blade Nzimande during a heated argument about Zuma's leadership. In December 2017, Zuma was succeeded as ANC president by his deputy,
Cyril Ramaphosa Matamela Cyril Ramaphosa (born 17 November 1952) is a South African businessman and politician serving as the 5th and current President of South Africa since 2018. A former Anti-Apartheid Movement, anti-apartheid activist and trade union leade ...
, and Yengeni became a vocal critic of Ramaphosa in subsequent years, calling for him to step down over the Phala Phala scandal and openly opposing his re-election bid in 2022. Also in 2022, the ANC's Electoral Commission announced that Yengeni himself would not be eligible to stand for re-election to the National Executive Committee, because his fraud conviction disqualified him under the new step-aside rule. Yengeni successfully appealed the decision, arguing that his criminal record had been expunged, but he was nonetheless dropped from the National Executive Committee at the ANC's 55th National Conference in December 2022, having failed to gain sufficient nominations to appear on the ballot paper.


Drunk driving charges

In November 2007, Yengeni was arrested near
Goodwood, Cape Town Goodwood is a suburb of Cape Town in the Western Cape, South Africa and is situated in the Tygerberg region of the City of Cape Town. It is 10 kilometres from Cape Town and accessible from the N1, N7 and N2 highways. The town was established ...
on suspicion of
drunk driving Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is in ...
, which would constitute a violation of his parole conditions. Yengeni said that he had only consumed flu medication. The case could not proceed because the blood sample was unfit to be taken for chemical analysis. This was because former Goodwood station commander, Siphiwo Hewana, allegedly gave an unknown person access to the blood sample. On 30 November 2009, in connection with this saga, Hewana was convicted of attempting to defeat the ends of justice. During Hewana's trial, Constable Charles Japhta alleged that Hewana told him he had instructions from Western Cape provincial police commissioner Mzwandile Petros to change statements on the docket relating to the time that Yengeni had been arrested. Hewana also said Yengeni's parole conditions had banned him from being out on the streets after 10pm, nor was he permitted to consume liquor, whereas Yengeni had been pulled off the road about midnight. Hewana testified that he had been ordered by the commissioner of police in the Western Cape to make the changes. Yengeni was arrested for drunk driving again on 12 August 2013, this time in Green Point, and he was convicted in March 2017.


Personal life

In 1984, Yengeni married Lumka Nyamza in
Lusaka, Zambia Lusaka ( ) is the capital and largest city of Zambia. It is one of the fastest-developing cities in southern Africa. Lusaka is in the southern part of the central plateau at an elevation of about . , the city's population was about 3.3 million ...
. They have two adult children together and have been separated since 2011. In January 2007, days after Yengeni's release from prison, the
Society for the Prevention of Cruelty to Animals A Society for the Prevention of Cruelty to Animals (SPCA) is a common name for non-profit animal welfare organizations around the world. The oldest SPCA organization is the Royal Society for the Prevention of Cruelty to Animals, which was founded ...
said that it was investigating Yengeni for criminal
animal cruelty Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction of suffering or Injury, harm by humans upon animals, either by omission (neglect) or by commission. More narrowly, it can be the causing of harm ...
on the grounds that his post-release celebrations had apparently included stabbing a bull with a spear before it was
slaughtered ''Slaughtered'' (working title ''Schooner of Blood'') is an Australian slasher film directed by Kate Glover, and produced by Sue Brown. The film stars Steven O'Donnell (actor, presenter), Steven O’Donnell and James Kerley. Premise The story tel ...
. The Cultural, Religion and Linguistic Rights Commission defended Yengeni, saying that his actions were part of a cleansing ritual and therefore
constitutionally A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...
protected.


References


External links


Interviews
with
Padraig O'Malley Padraig O'Malley (born 1942 in Dublin, Ireland) is an Irish international peacemaker, author, and professor. O'Malley specializes in the problems of divided societies, such as South Africa and Northern Ireland. He has written extensively on the ...
(1993–1997) * {{DEFAULTSORT:Yengeni, Tony Living people 1954 births South African anti-apartheid activists South African politicians convicted of fraud African National Congress politicians Corruption in South Africa UMkhonto we Sizwe personnel Politicians from Cape Town Members of the National Assembly of South Africa 1994–1999 Members of the National Assembly of South Africa 1999–2004 South African prisoners and detainees People imprisoned on terrorism charges Prisoners and detainees of South Africa