Breytenbach not guilty on all charges

Prosecutor Glynnis Breytenbach. File photo: Thobile Mathonsi

Prosecutor Glynnis Breytenbach. File photo: Thobile Mathonsi

Published May 27, 2013

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Pretoria - Suspended NPA senior prosecutor Glynnis Breytenbach is not guilty on all 15 charges against her, her disciplinary hearing ruled in Pretoria on Monday.

"The guilt of the employee on this plethora of charges has not been established," the hearing's chairman Selby Mbenenge SC said.

He found she was not guilty on any of the main or alternative charges.

After hearing the finding Breytenbach hugged her lawyer Gerhard Wagenaar. He then read out a statement by Breytenbach in which she thanked everyone for their support.

"I am relieved that the chairperson saw the lack of justification in the charges laid against me."

In the statement she said she intended returning to work if allowed to.

A core charge against the anti-graft prosecutor included failing to act impartially when investigating the Kumba Iron Ore/Sishen and Imperial Crown Trading mining rights issue, because of her “improper relations” with Sishen's lawyer Mike Hellens.

Other charges include "surreptitiously leaking" National Prosecuting Authority inside information to Beeld journalist Sonja Carstens, and giving her official NPA laptop to her lawyer. The NPA has also charged Breytenbach for "maligning" the organisation in the media.

Breytenbach was suspended from the NPA on April 30, 2012. She has claimed acting National Director of Public Prosecutions Nomgcobo Jiba suspended her to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

In March a parallel arbitration hearing at the Public Service Bargaining Council, in Centurion, found Breytenbach's suspension was both procedurally and substantively fair.

Her lawyer Gerhard Wagenaar said it was still being considered whether to review or appeal the arbitration hearing decision. - Sapa

Update 1pm: This article was updated with the most recent information. The previous version reflected the judgment on the first charge. This version reflects the decision on all charges. 

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