Breytenbach applies for interdict

2013-06-25 00:00

THE National Prosecuting Authority’s (NPA) decision to remove advocate Glynnis Breytenbach from her post and transfer her is breach of contract and is an illegal administrative action.

This is the gist of the document Breytenbach submitted to the labour court in Johannesburg yesterday.

Breytenbach has applied for an interdict against the NPA and advocate Nomgcobo Jiba, acting head of the NPA, and to set aside a decision by the National Director of Public Prosecutions (NDPP) to move her from the specialised crime unit to the office of the Director of Public Prosecutions in Pretoria.

In her 38-page statement she provided a complete breakdown of the charges laid against her in October 2011; the NPA’s investigation against her; her suspension, the disciplinary hearing and her acquittal on all charges last month.

Breytenbach was to return to her job as regional head of the specialised commercial crimes unit, but after meeting with Jiba this did not happen. The office of the state attorney informed Gerhard Wagenaar, Breytenbach’s attorney, that Breytenbach was to be transferred to the office of the Director of Public Prosecutions in Pretoria.

Her statement declares this a breach of contract and an illegal administrative decision, or, an unjust and unfair labour practice. She argued a clear difference exists between her former post and the post the NPA wishes to transfer her to. She said the new post strips her of all managerial responsibilities she has as regional head of the commercial crimes unit, and that the new post lowers her status as an employee of the NPA as well as her level of independence.

She said the transfer infringed on her right to execute her powers, duties and functions in terms of the NPA Act.

She argued that Jiba did not have the authority to transfer her. This could only be done by the NPA’s CEO, in consultation with Jiba.

She said the respondent may also not transfer her with a hidden agenda — or remove her from a pending investigation, or prevent her from returning to work to take up the case she was working on against former police crime intelligence head Richard Mdluli.

Join the conversation! 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. 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
Comments have been closed for this article.

Inside News24


Book flights

Compare, Book, Fly

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


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 network.


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.