Breytenbach application not urgent: NPA

2012-06-25 17:25
Glynnis Breytenbach (Lisa Hnatowicz, Beeld)

Glynnis Breytenbach (Lisa Hnatowicz, Beeld)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - An application by prosecutor Glynnis Breytenbach challenging her suspension is not an urgent matter, the NPA told the Labour Court in Johannesburg on Monday.

"Reputational damage can't be used to lodge urgency, seeing as the accused waited a month before she filed the papers," William Mokhari, for the National Prosecuting Authority, told the court.

"Investigations are a continuous and ongoing process and include the disciplinary action."

Earlier, Breytenbach's lawyer Andrew Redding argued the application should be an urgent matter because the publicity received in the case was negatively affecting her reputation.

"A suspension is the industrial equivalent of an arrest... The matter is urgent on the basis that someone's dignity is involved," said Redding.

"It has been nationally reported on because a prosecutor is involved; the entire society is interested and [has] begun to form an image of my client."

Arguing on the jurisdiction of the Labour Court to deal with the application, Mokhari said the matter belonged to the Bargaining Council or the Commission for Conciliation, Mediation and Arbitration (CCMA) for conciliation and arbitration.

No reason given for suspension

"This court can't determine suspension in decisions related to unfair labour practice," Mokhari said.

Mokhari said the urgency of the application should be struck off the court roll with costs.

Redding argued Breytenbach was not given information on why she was suspended.

"It is meaningless to suspend Ms Breytenbach without giving her sufficient information as to why the suspension. It's not fair to not provide her with additional information," Redding argued.

"She asked for information; she begged for information, but she never got information about why she was suspended," he said.

Breytenbach was suspended as the regional head of the specialised commercial crime unit on April 30, for conduct relating to cases allocated to her, the NPA said at the time.

Breytenbach submitted in court papers that the NPA had "ulterior motives" when it suspended her.

'To protect Mdluli'

Redding said Breytenbach believed acting National Director of Public Prosecutions Nomgcobo Jiba suspended her in an attempt to protect former crime intelligence head Lieutenant General Richard Mdluli.

Mokhari argued that Breytenbach became personal towards Jiba, arguing that she never gave evidence and that it was based on belief and not fact.

"Where is the evidence? The respondent's [Breytenbach] version is based on suspicion and is far-fetched and defamatory," he said.

"The applicant became personal... She became so obsessed with advocate Jiba that everything is advocate Jiba... Why would she be singled out?"

Mokhari argued that Breytenbach was not the only prosecutor working on the Mdluli case.

"This shows that the allegations are malicious and reckless because they are not based on a single shred of evidence," he said.

"The applicant tried to run the disciplinary procedures through the Labour Court... She concedes that the allegations [against her] are serious and that she wanted her day in the disciplinary proceedings and we have given her that day - she must come clear her name there."

On June 19, Breytenbach's disciplinary hearing was postponed to July 23.

The matter was postponed to next week.

- SAPA

Read more on:    npa  |  glynnis breytenbach
NEXT ON NEWS24X

Read News24’s Comments Policy

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
7 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

Zuma: Pray for peaceful polls

President Jacob Zuma has asked members of the Universal Church of the Kingdom of God to pray for peaceful elections on 7 May.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Friday Grabouw - 11:32 AM
    Road name: N2 Eastbound
    DELAYS between Sir Lowrys Pass and Grabouw
  • Friday Cape Town - 10:14 AM
    Road name: M3 Inbound
    EVENT - left lane closed between Rhodes Avenue and UCT
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Huawei B683 21Mbps 3G Wireless Router

Huawei B683 21Mbps 3G Wireless Router The B683 wireless gateway (hereinafter...

From R1671.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Self-indulgence may be strong today. You may want to enjoy yourself to the fullest and share it with those that make you feel...read more

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.