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Pretoria - A few days before her suspension, National Prosecuting Authority (NPA) prosecutor Glynnis Breytenbach “unsettled some pigeons”, her lawyer said on Monday.
Andrew Redding told an arbitration hearing in Pretoria that Breytenbach wrote a memorandum objecting to the withdrawal of charges against former police crime intelligence boss Lt-Gen Richard Mdluli.
He said even though there was a complaint against his client, her employers only sprang into action after the Mdluli memo was penned in April.
The hearing was being held in the Public Service Bargaining Council chambers as part of Breytenbach's battle to be reinstated.
In her controversial memorandum, she insisted there was a prima facie case of fraud and corruption against Mdluli.
She wanted the decision to withdraw charges against him reviewed.
“From February all through March and up to April 13, a period of seven weeks, there was no response at all (from the NPA),” said Redding.
“Then Ms Breytenbach writes the memorandum in relation to the withdrawal of charges against Lt-Gen Mdluli. Then there was a flurry of activity.”
Redding said on April 18 a senior manager of the NPA's integrity management unit, Hercules Wasserman, sought Breytenbach’s response to the complaint brought against her by Ronnie Mendelow, the lawyer representing mining company Imperial Crown Trading (ICT).
Breytenbach was suspended last year. The NPA said it was because of her handling of criminal fraud and forgery complaints laid by ICT and Kumba Iron Ore in their dispute over the mineral rights to Kumba's Sishen mine in the Northern Cape.
She contends her suspension was triggered by her desire to go ahead with the Mdluli prosecution. The NPA contends there was no link between Breytenbach’s suspension and Mdluli.
It was reported in March that the allegations against Mdluli include defrauding crime intelligence to buy two new BMWs for himself and his wife, appointing several family members as secret agents, and the unauthorised use of safe houses for his personal benefit.
Mdluli was also embroiled in an inquest into the murder of his former lover’s husband, Oupa Ramogibe.
Criminal charges relating to Ramogibe’s 1999 murder were recently withdrawn against Mdluli, court orderly Samuel Dlomo, Colonel Nkosana Sebastian Ximba, and Lt-Col Mtunzi-Omhle Mthembeni Mtunzi.
The matter was postponed to March 8. - Sapa