Prosecutor Glynnis Breytenbach's suspension was linked to her investigation of former intelligence boss Richard Mdluli, her disciplinary hearing heard on Thursday.
Breytenbach's counsel Wim Trengove said commercial crimes unit head Lawrence Mrwebi and his client had a “heated clash” in November and December last year.
“Advocate Mrwebi... ordered that charges against General Mdluli be withdrawn. Advocate Breytenbach protested that the reasons for the withdrawal were unfounded and that the prosecution should proceed,” Trengove said.
On December 14, the charges against Mdluli were provisionally withdrawn.
Mdluli faced a raft of fraud and corruption charges relating to the alleged misuse of a secret crime intelligence fund to buy luxury vehicles.
He also faced a charge of murder relating to the death of an ex-lover's husband.
Mrwebi sent a memorandum in mid-January 2012 to acting national director of public prosecutions Nomgcobo Jiba.
In it he called for Breytenbach to be removed from investigating the Sishen/Kumba Iron Ore and Imperial Crown Trading (ICT) mining rights dispute.
She had, however, already been removed on November 25, 2011 following a complaint by Mendelow Jacobs Attorneys, on behalf of Imperial Crown Trading (ICT), in October.
Trengove was cross-examining Hercules Wasserman, acting senior manager of the NPA's integrity management unit, at the authority's offices in Silverton, Pretoria.
He asked Wasserman if there was no compelling reason to suspend Breytenbach in November.
Wasserman said he could not comment.
“On the face of it, it's inexplicable that they should now want her suspended given that there was no reason to do so on 25 November and nothing has changed since then,” Trengove said.
He suggested the only explanation for the turnabout was Mrwebi's memorandum.
Following this memorandum, Breytenbach was told on February 2 of an intention to suspend her.
“A few days later Mrwebi's suggestion of suspension seems to be implemented,” Trengove said.
NPA investigators were appointed in early February and days later Wasserman started his attempts to get Breytenbach's laptop for analysis.
Wasserman's investigation had begun in November 2011.
Breytenbach has pleaded not guilty to all the charges brought against her.
Breytenbach, who was officially suspended on April 30, has contended that she was removed in an attempt to protect Mdluli.
The NPA has denied this, and said the suspension related to her alleged misconduct in the ICT investigation.
Mdluli was suspended again in May this year, by then acting police commissioner Nhlanhla Mkhwanazi.
Mdluli appealed against his suspension in the Johannesburg Labour Court, but it decided that he should remain suspended until he had also filed an application for leave to appeal an interim order – granted by the High Court in Pretoria on June 6, to Freedom Under Law – that he be suspended and not be allowed to do police work.
The hearing continues. – Sapa