Mdluli, Breytenbach charged

2012-06-17 10:14

Senior prosecutor will need to defend herself against the 15 charges of misconduct

On Tuesday, top anti-corruption prosecutor Glynnis Breytenbach will have to fight off 15 charges brought against her by the National Prosecuting Authority (NPA).

The charges range from turning a blind eye to a fraud complaint against mining giant Kumba Iron Ore to running a horse stabling business.

City Press has obtained a copy of the NPA’s charge sheet against Breytenbach, who was suspended as head of the serious commercial crimes unit in Pretoria last month.

Breytenbach has taken the NPA to the Labour Court, arguing the real reason for her suspension was her insistence that a fraud case against controversial policeman Richard Mdluli proceeds.

The NPA denies this, saying her suspension related to alleged misconduct during the investigation of the awarding of a multibillion-rand mining right to politically-connected Imperial Crown Trading (ICT).

Breytenbach refused to comment on the NPA’s charges this week.

She will be prosecuted by private advocates William Mokhari and Mandla Zulu, while she has retained the services of Advocate Wim Trengove to defend her.

The hearing will be chaired by Eastern Cape NPA head, Barry Madolo.

Breytenbach’s charges are:
» Arranging with a private advocate to exert improper pressure on a possible state witness in the Kumba/ICT matter;

» Accepting assistance from Kumba’s advocate in her investigation against ICT;

» Preventing a state witness from deposing to an affidavit for ICT;

» Ignoring ICT’s fraud complaint against Kumba;

» Having an improper association with Kumba and hostility towards ICT;

» Refusing to hand over her laptop to the NPA investigators;

» Giving her NPA laptop to her attorney;

» Deleting information from her NPA laptop;

» Authorising forensic analysts to delete and download data from her NPA laptop;

» Conducting interviews with the media and accusing the NPA of ulterior motives;

» Contravening the NPA’s media policy by providing information to journalists;

» Bringing the NPA into disrepute by claiming that her letter of suspension was backdated;

» Failing to declare her “registrable interests”;

» Performing work outside of the NPA by renting out a flat or running a horse stabling business; and

» Gross dereliction of duties.

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