NPA to challenge Breytenbach ruling

2013-05-28 17:13
Gallery  |  click on thumbnail to view larger image

Breytenbach cleared of all charges

Suspended NPA senior prosecutor Glynnis Breytenbach is not guilty on one of the 15 charges against her. See pictures from her extensive trial.

Johannesburg - The NPA said on Tuesday it would bring a court challenge against a disciplinary hearing's ruling in favour of suspended prosecutor Glynnis Breytenbach.

"The findings are factually incorrect and legally unsustainable," National Prosecuting Authority (NPA) spokesperson Nomilo Mpondo said in a statement.

"The findings have serious implications on the enforcement of discipline in the NPA and will elevate insubordination, disobedience and unethical conduct into acceptable practice in the workplace, something which goes against employment law in our constitutional state."

As a result, it had decided to take the findings on review to court "without undue delay".

"The court will be asked to review and set aside the findings and replace them with a finding of guilty against Miss Breytenbach.

In these circumstances, the court process should be respected and allowed to take its course," Mpondo said.

On Monday, Breytenbach was found not guilty on 15 counts by a disciplinary hearing which sat at the NPA's head office in Pretoria.

"The guilt of the employee on this plethora of charges has not been established," the hearing's chairperson Selby Mbenenge SC said.

Breytenbach was also found not guilty on any of the alternative charges.

A core charge against the anti-graft prosecutor was failing to act impartially when investigating the Kumba Iron Ore/Sishen and Imperial Crown Trading mining rights issue, because of "improper relations" with Sishen's lawyer Mike Hellens.

Other charges included "surreptitiously leaking" NPA inside information to Beeld journalist Sonja Carstens, giving her official NPA laptop to her lawyer, and "maligning" the NPA in the media.

Breytenbach was suspended from the NPA on 30 April 2012. She claimed acting NDPP Nomgcobo Jiba suspended her to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

In March, a parallel arbitration hearing at the Public Service Bargaining Council, in Centurion, found Breytenbach's suspension was both procedurally and substantively fair. Her lawyer Gerhard Wagenaar said it was still being considered whether to review or appeal this decision.

Read more on:    npa  |  nomgcobo jiba  |  glynnis breytenbach

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.
NEXT ON NEWS24X 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

Financial advisors – Do you need one and should you get one?

The good, the bad, and everything else you need to know when considering hiring a financial advisor.


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.