Tony Yengeni appeals ban on standing for election at the ANC conference: The jailed fraudster says his criminal record has been expunged and that the step-aside rule can’t be applied retrospectively
— were served with letters of disbarment at the close of the vetting process by the electoral commission after falling foul of the step-aside rule.
In a letter to Motlanthe, Yengeni said that although he had served four months of a four-year sentence for fraud after being convicted for lying to parliament, he had successfully applied to the department of justice and constitutional development for the expungement of his criminal record. Yengeni said that “in the eyes of the law I have no previous conviction and/or sentence” and that “your ruling and or decision, which seeks to continue to perpetuate that I have a criminal record is therefore unlawful as it is against the constitution and the law.”
He said that after he had served his time, he had also appeared before the ANC’s disciplinary committee, then chaired by Kader Asmal, and had been served with a five-year suspension, suspended for five years.Yengeni said that stopping him from standing “is tantamount to double jeopardy” and a retrospective application of the law, which was not permissible.
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