Breytenbach hearing enters fifth day

122 Advocate Glynnis Breytenbach arrives at Labour court in Braamfontein to fight her suspension which she says came about after investigating Richard Mdluli. 250612. Picture: Bongiwe Mchunu

122 Advocate Glynnis Breytenbach arrives at Labour court in Braamfontein to fight her suspension which she says came about after investigating Richard Mdluli. 250612. Picture: Bongiwe Mchunu

Published Jul 27, 2012

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Johannesburg - The disciplinary hearing of suspended NPA prosecutor Glynnis Breytenbach enters its fifth day on Friday.

Breytenbach has pleaded not guilty to 16 charges, including improper conduct and insubordination, brought against her by the National Prosecuting Authority.

These relate to her conduct in investigating the dispute over mining rights at the Sishen iron ore mine, involving Imperial Crown Trading and Kumba Iron Ore.

She also allegedly failed to hand over her work laptop and had information on it deleted.

In addition she is charged with bringing the NPA into disrepute by speaking to the media, either directly or via her attorney, without authorisation.

The hearing followed the Johannesburg Labour Court's dismissing Breytenbach's challenge against her suspension, on July 18.

She had contended that acting national director of public prosecutions Nomgcobo Jiba suspended her in an attempt to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

On Thursday, Breytenbach's counsel Wim Trengove said her suspension was linked to the Mdluli matter.

He said commercial crimes unit head Lawrence Mrwebi and Breytenbach had a “heated clash” in November and December last year.

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He said Mrwebi ordered that charges against Mdluli be withdrawn. Breytenbach argued that the reasons for the withdrawal were unfounded.

On December 14,2011, the charges against Mdluli were provisionally withdrawn.

Breytenbach and a colleague prepared a memorandum in the first half of April 2012 challenging the decision to suspend the prosecution of Mdluli.

On April 26, Mrwebi responded, making it clear Mdluli would not be prosecuted.

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. The charges were however withdrawn.

Mdluli is currently not allowed to do police work following an order by the High Court in Pretoria to allow for a review of his suspension and reinstatement, and of the withdrawal of the criminal charges.

Breytenbach was officially suspended on April 30. - Sapa

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