Red faces as NPA loses badly

27/05/2013 Glynnis Breytenbacht smile with members of her legal team Jeremy Raizon (left) and Gerhard Wagenaarg moments after she was found not guilty on all fifteen charges against her. Picture: Phill Magakoe

27/05/2013 Glynnis Breytenbacht smile with members of her legal team Jeremy Raizon (left) and Gerhard Wagenaarg moments after she was found not guilty on all fifteen charges against her. Picture: Phill Magakoe

Published May 28, 2013

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Johannesburg - Glynnis Breytenbach paid a terrible price for her dedication as a senior NPA prosecutor, but on Monday she was paid back with interest.

Her lawyer Gerhard Wagenaar would not comment on reports that she had been forced to sell her house to pay her legal bills, clear her name and win back her dignity after being suspended as a prosecutor almost 13 months ago.

“It was a horrible experience for her… and (it) caused a lot of stress in her life, but today it was all worthwhile,” he said on Monday night.

On Monday, the disciplinary committee at the NPA acquitted her on all 15 charges.

The charges concerned her conduct in relation to an investigation of a criminal complaint in the mineral rights dispute between Sishen Iron Ore Company and Imperial Crown Trading.

The ruling is an embarrassment to the NPA, as all charges it levelled against Breytenbach were dismissed and the authority could be forced to reinstate her.

Breytenbach has always maintained that she was suspended by acting head of the NPA Nomngcobo Jiba to stop her from prosecuting former SAPS intelligence head Richard Mdluli.

After the verdict, Wagenaar read out a statement on Breytenbach’s behalf, pledging her willingness to get back to work as soon as possible and carry on where she left off, including her prosecution of Mdluli.

Breytenbach would not report for duty on Tuesday, said Wagenaar, as the NPA had to decide whether or not to appeal against the judgment.

On Monday night, spokeswoman Nomilo Mpondo said the NPA “respected and accepted the judgment”, but its lawyers would study it to determine the NPA’s next move.

Institute for Security Studies justice expert Johan Burger said the decision proved that Breytenbach’s disciplinary hearing had no merit and had been politically motivated.

“There was an ulterior motive, largely to do with her prosecution of Mdluli. He… had to be protected at any cost. It’s reminiscent of previous cases going all the way back to (disgraced former national police commissioner) Jackie Selebi.”

Burger said he hoped the NPA would accept the judgment, but warned that even if it did, it would be an untenable situation for Breytenbach.

“She has to try to return to work and be a professional and perform her duties accordingly. The question is whether she will be allowed to. Clearly there’s a rift in the NPA between those for her and those who want her out. It’s going to be very uncomfortable for her.”

This situation was compounded, he said, by continuing rumours that the Presidency intended appointing Pinetown magistrate Stanley Gumede as the next head of the NPA, following the Presidency’s being forced by the DA to remove Menzi Simelane for not being “a fit and proper person”.

The best outcome from on Monday’s judgment, Burger said, would be for the NPA finally to have a head appointed purely on merit and able to make decisions without interference on matters involving senior government officials.

“Until that happens, the belief will continue that the NPA is not objective, not independent.”

The DA’s spokeswoman on Justice, Dene Smuts, said the NPA would do a lot to restore its credibility in the eyes of the public if it decided to respect the judgment and reinstate Breytenbach promptly.

“The Specialised Commercial Crimes Unit used to be a stellar performer in the hands of its head, advocate Chris Jordaan, recording extremely high prosecution success rates.

“He was worked out of his post in advocate Simelane’s day. Now, we need an effective prosecutorial arm for white collar crime. Let us not lose the services of someone like advocate Breytenbach. She must be reinstated.

“The NPA probably had no idea that the forensic skills of advocate Wim Trengove would be unleashed upon it when it piled up charge upon charge against advocate Breytenbach.

“The NPA has just lost another case. It does them no good when they can’t even win an internal disciplinary matter,” Smuts said.

The Star

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