FUL questions Yengeni ‘expungement’

16 December 2-22

Mr Tony Yengeni, a former member of Parliament and a member of the National Executive Committee of the ANC, has been reported as publicly claiming that his prior criminal conviction for fraud (arising from the Arms Deal) has been expunged.

Section 271B(1) of the Criminal Procedure Act allows for certain convictions for petty crimes to be expunged, on application to the Director-General of Justice. Its terms do not include a conviction for which the applicant was sentenced (as Mr Yengeni was) to a term of imprisonment without the option of a fine.

FUL is not aware that Mr Yengeni has produced any proof that his criminal conviction, for which he served a term of imprisonment, has been expunged. FUL invites Mr Yengeni, in asserting that it has been expunged, or the Director-General of the Department of Justice, to produce it.

FUL considers that had such a decision to expunge indeed been taken it would be contrary to section 271B(1), in breach of the rule of law,  and invalid.

Statement issued by FUL, 16 December 2022