No pending criminal cases against Breytenbach

2014-06-20 00:00

A YEAR after the national prosecution authority (NPA) told advocate Glynnis Breytenbach criminal charges were being investigated against her, no police docket has been opened against her.

National police spokesperson Lieutenant- General Solomon Makgale yesterday said “no case” has been opened with the police against Breytenbach.

Sister paper Beeld confirmed Breytenbach’s name does not even appear on the police’s ­system, which means there are no pending cases against her and she has never been charged.

This flies in the face of reports that the NPA’s integrity management unit, which has in the ­interim been disbanded by NPA head Mxolisi ­Nxasana, had in a final report recommended that Breytenbach should be criminally prosecuted for alleged money laundering, fraud and corruption.

The Star yesterday reported this report had recommended an audit of Breytenbach’s lifestyle and her role in several companies.

Although the NPA said the report was referred to General Vineshkumar Moonoo, ­Makgale referred media queries to the NPA, saying the authority “is in the best position to ­answer questions”.

The NPA, however, did not react to requests to provide a case number.

The NPA had informed Breytenbach and her legal representative Gerhard Wagenaar a year ago in June that new criminal charges were being investigated against her.

Wagenaar’s repeated written requests for more detail or a copy of the alleged report, which had been leaked to the media before Nxasana could study it, was ignored.

Breytenbach yesterday confirmed the police had not taken a warning statement from her — a requirement when a criminal case is being investigated against someone.

Before the police can open a docket against Breytenbach, a person in the NPA must be willing to lay a complaint against her in an affidavit.

Breytenbach did not want to comment on the NPA’s report, except to say she rejected the allegations with contempt.

In NPA circles it is said Breytenbach is being targeted afresh by a faction in the highest level of the NPA because she recently, as the DA’s shadow minister of justice, defended Nxasana.

Nxasana had accused advocate Nomgcobo ­Jiba and Lawrence Mrwebi of plotting to rid the NPA of him.

It was Mrwebi who earlier decided not to prosecute Lieutenant-General Richard Mdluli, who was suspensed as head of criminal intelligence for fraud and corruption, despite Breytenbach stating the state had a prima facie case.

Jiba did nothing after Breytenbach asked her in a memorandum to reconsider her decision on Mrwebi.

The report against Breytenbach was drawn up by Prince Mokotedi who also ­investigated Nxasana.

Mokotedi revealed that Nxasana did not get a security clearance because he did not declare that he had been acquitted on a murder charge in 1985.

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