Breytenbach dares NPA to prosecute herComment on this story
Johannesburg - DA MP Glynnis Breytenbach is not perturbed by news that she may be charged for crimes ranging from corruption to racketeering as reportedly recommended in a final report by the NPA.
“If they think they have enough evidence, then they should go ahead and prosecute me,” Breytenbach, a former prosecutor at the National Prosecuting Authority, told Sapa on Thursday.
She had not seen the report, but was aware of it.
“I knew about the report, but they (the NPA) didn't tell me.”
She believed the final report was the same as a draft which emerged in February.
Democratic Alliance leader Helen Zille said the NPA had a grudge against Breytenbach.
“We know the NPA has been running a vendetta against Miss Breytenbach, and we do know the NPA long ago forfeited its independence,” she told Sapa.
“We also know Miss Breytenbach has been fighting for the independence of the NPA from the ruling party. She has been trying to reassert its independence.
“I take note of the report in that context. I have not seen the report and once I see it, I will have further comment.”
The Star reported on Thursday that the report recommended Breytenbach be criminally charged for corruption, misconduct, conflict of interest, fraud, and racketeering over her role in a number of companies.
NPA spokesman Nathi Mncube told the newspaper the report had been referred to the head of the National Detective Services.
“It will be up to the SA Police Service to decide whether they conduct a follow-up criminal investigation on any of the recommendations in the report,” he said.
He could not be reached by Sapa on Thursday for further comment.
In the report, written by the NPA's integrity management unit, Breytenbach was accused of soliciting a loan of $1 million (about R11m) from businessman Nathan Kirsh, a complainant in two cases she was prosecuting.
She was also accused of accepting a R6.3m donation from Kirsh through the FW de Klerk Foundation towards legal fees in her labour dispute with the NPA.
The draft report emerged days before Breytenbach's resignation from the NPA, and alleged money accepted from Kirsh might be a kickback.
She was also accused of failing to declare her personal relationships with Kirsh and advocate Andre Bezuidenhout.
In April 2012, Breytenbach was suspended from the NPA and later faced a lengthy disciplinary hearing on 15 charges, which included failing to act impartially while investigating the Kumba Iron Ore Sishen and Imperial Crown Trading mining rights issue.
She was accused of “improper relations” with Sishen's lawyer Mike Hellens.
Breytenbach countered that this was related to her opposition to a decision to withdraw fraud and corruption charges against former police crime intelligence head Richard Mdluli.
In May last year, an NPA disciplinary hearing found her not guilty on all the charges and she was allowed to return to work, only to find she was to be transferred.
In the Labour Court, Breytenbach unsuccessfully applied to have her transfer overturned. - Sapa