Breytenbach: Judge warns over ‘bundu justice’

2012-05-15 00:00

ANY attempt to settle the serious allegations against advocate Glynnis Breytenbach on paper would be tantamount to “bundu justice”.

This was the finding of Judge Hennie Lacock in his judgment in the Northern Cape High Court in which he denied an application by Imperial Crown Trading (ICT) to have search-and-seizure warrants against them set aside.

Among other things, ICT argued that Breytenbach, the suspended regional chief of the specialised commercial crime unit, abused her powers in a fraud and forgery investigation against that company.

ICT claimed that Breytenbach and the investigating officer, Lieutenant-Colonel Sandra van Wyk, acted improperly by obtaining the warrants in order to assist Kumba Resource’s legal team in a civil suit regarding prospecting rights in the Sishen mine.

Lacock said in his judgment that he would not express an opinion on the allegations.

In December last year another court found that ICT did not have a right to the prospecting rights.

Kumba and ICT have laid charges of fraud against one another. Kumba alleges that possible forged title deeds were used to obtain the mineral rights.

President Jacob Zuma’s son, Duduzane, and the Gupta brothers have links with ICT.

Two weeks ago the National Prosecuting Authority (NPA) used the investigation into Breytenbach’s alleged abuse of powers as the reason for suspending her with pay.

A week before her suspension Breytenbach handed a memorandum to acting NPA chief advocate Nomgcobo Jiba in which she requested a review of the decision by her boss, advocate Lawrence Mrwebi, not to prosecute Lieutenant-General Richard Mdluli on charges of fraud.

Jiba was given an ultimatum that if she did not review the decision not to prosecute, Breytenbach would not hesitate to question it in court.

Breytenbach believes there is a prima facie case against former crime intelligence boss Richard Mdluli.

After more than a week’s repeated inquiries the NPA has not yet responded to questions whether Jiba has studied the memorandum and reached a decision on its merits.

The wording of some paragraphs in the statements against Breytenbach and Van Wyk submitted to the court by ICT is identical to those in charges submitted to suspended NPA chief advocate Menzi Simelane by ICT legal representative Ronnie Mendelow in October last year.

The NPA is also not responding to questions as to why Breytenbach has been suspended only now regarding allegations made more than six months ago.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.