Judgment reserved in Breytenbach case

2013-07-02 21:18
Glynnis Breytenbach (Picture: Beeld)

Glynnis Breytenbach (Picture: Beeld)

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

Johannesburg - Judgment on prosecutor Glynnis Breytenbach’s application to be reinstated to her job was reserved by the Labour Court in Johannesburg on Tuesday.

Judge Hilary Rabkin-Naicker heard arguments from lawyers representing the National Prosecuting Authority (NPA) and Breytenbach.

Breytenbach’s lawyer Advocate Andrew Redding, submitted that her new job was not the same as the one she had before her suspension.

"The position to which she has been transferred is in no way the equivalent of the position she used to hold," he said.

Redding described the NPA's conduct since Breytenbach's suspension as "unusual".

"What began as an investigation into her conduct blew up into... a federal case against her," he told the court.

He contended that the prosecuting authority had done all it could to prevent her returning to her position from the day on which the NPA levelled allegations against her.

Redding submitted that the NPA still considered Breytenbach suspended.

He said this was based on letters between her lawyer and the NPA after she was cleared of all 15 charges against her.

The NPA wanted to place Breytenbach on special leave pending a review of the disciplinary hearing's findings.

At a meeting held on Breytenbach's return to work, she was told there were allegations of misconduct against her.

"[The NPA]... is doing all it can do to prevent Ms Breytenbach from getting her hands on the docket of... [former police crime intelligence head Richard] Mdluli," Redding said.

Breytenbach has brought an urgent application to get her job back as regional head of the NPA's specialised commercial crime unit in Pretoria.

Accused of ‘improper relations’

In April last year, she was suspended and later faced a lengthy disciplinary hearing on 15 charges.

These included that she had not acted impartially when investigating a mining rights dispute involving Kumba Iron Ore, Kumba's Sishen mine in the Northern Cape, and Imperial Crown Trading.

She was accused of "improper relations" with Sishen's lawyer Mike Hellens.

On 27 May, a NPA disciplinary hearing cleared her of all charges.

The following day, the NPA announced it would challenge the ruling in court because it considered the findings "factually incorrect and legally unsustainable".

Breytenbach was allowed to return to work, but then learnt that the NPA intended sending her to a different office.

She had claimed her suspension was related to her opposition to a decision to withdraw fraud and corruption charges against Mdluli.

Redding accused the NPA of violating Breytenbach's constitutional and labour rights. The NPA had acted outside the law by not reinstating Breytenbach to her position, he said.

"It is a constitutional violation. It is a breach of constitutional imperative. Secondly, it is a breach of her employment contract."

It was clear the NPA had not restored Breytenbach to her job to keep her from dealing with a particular case, he said.

Advocate William Mokhari, for the NPA, argued that Breytenbach’s transfer did not take away the post she held before as deputy director of public prosecution.

"The position that she has been deployed to does not take away her right as a prosecutor to prosecute matters," he said.

Mokhari said the court could not pronounce on a matter which was still under investigation, and that there were laws to protect the rights of the employee.

Mokhari said the NPA was aware that Breytenbach dealt with commercial crime cases, and therefore would give her the opportunity to deal with such matters after the transfer.

"It was to try to make sure that the transfer has minimal disruption as possible to her career. That is why even the post that she was appointed to, it remained that way and unaffected."

However, there were aspects of her work which could be affected by the transfer. He said a suspension meant the employee’s rights had been affected, as long as it was on a temporary basis.

Read more on:    npa  |  glynnis breytenbach  |  johannesburg

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.
NEXT ON NEWS24X

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
9 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
Traffic
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.