Lawyer explains Breytenbach complaint

2012-08-14 18:35
Glynnis Breytenbach (File, Beeld)

Glynnis Breytenbach (File, Beeld)

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

Pretoria - Lawyer Ronnie Mendelow said on Tuesday prosecutors should act fairly, as he explained why he had complained to the NPA about Glynnis Breytenbach.

Mendelow was testifying at Breytenbach's disciplinary inquiry at the National Prosecuting Authority's (NPA) offices in Silverton, Pretoria.

Mendelow, of Mendelow Jacobs Attorneys, was acting on behalf of Imperial Crown Trading (ICT).

The NPA said it suspended Breytenbach for failing to act impartially in her investigation of a dispute over mining rights in the Northern Cape between ICT and Sishen/Kumba Iron Ore.

Mendelow told the hearing the prosecutor in the investigation into the dispute should have acted with due regard to the prosecutors' code of conduct.

"We believe that any investigation would equally entail an investigation into allegations regarding [Sishen's] own fraudulent conduct," he said.

Reading from the code, he said prosecutors should act without fear, favour or prejudice; they must act impartially; they must not become personally involved; and they must ensure they make reasonable enquiries into all evidence.

Breytenbach was suspended as regional head of the NPA's specialised commercial crime unit on 30 April.

She has argued that acting National Director of Pubic Prosecutions Nomgcobo Jiba suspended her in an attempt to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

Mendelow sent a letter of complaint about Breytenbach to the then National Director of Public Prosecutions Menzi Simelane on 31 October last year, alleging she favoured Sishen in her probe and had an improper relationship with Sishen's counsel Mike Hellens.

Mendelow told the hearing in great detail the complex background to the ICT and Sishen dispute.

The dispute arose after steelmaker ArcelorMittal did not convert its 21.4% old order mining right in the Sishen mine in the Northern Cape, into a new order mining right by the deadline of 30 April 2009.

Sishen Iron Ore Company, a subsidiary of Kumba Iron Ore Limited, which owns the rest of the rights in the Sishen mine, applied for the 21.4% stake.

However, ICT also applied for a prospecting right in the 21.4% stake, and was granted it. This led to a court battle involving Kumba, ICT and the mineral resources department.

The High Court in Pretoria then granted Kumba Iron Ore exclusive rights to the Sishen mine. However, in May this year the court granted ICT and the mineral resources department leave to appeal the ruling.

The matter is still pending before the Supreme Court of Appeal.

Shareholders in ICT include President Jacob Zuma's son Duduzane and Atul Gupta. The Gupta family has close links to the African National Congress.

Breytenbach has pleaded not guilty to 16 charges brought against her by the NPA.

The hearing continues.

- SAPA
Read more on:    npa  |  nomgcobo jiba  |  glynnis breytenbach
NEXT ON NEWS24X
SHARE:

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
12 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Fashion
 

6 life hacks you simply have to know

A few simple tricks can make your life so much easier!

 
 

For chic geeks...

Device lets disabled people talk through their nose
It’s THIS easy for someone to steal your ATM pin!
This is why you should install iOS 8
17 photo illusions that look so real

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers 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

Horoscopes
Aquarius
Aquarius

It may feel like you are treading water and going nowhere fast. You may want to get off the merry go round. By pushing yourself...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.