Breytenbach application dismissed

2013-07-19 10:37

Johannesburg - NPA prosecutor Glynnis Breytenbach's application to be reinstated to her job was dismissed by the Labour Court in Johannesburg on Friday.

"The application was dismissed," Breytenbach said after proceedings. She declined to comment further.

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

Andrew Redding SC, for Breytenbach, submitted that her new job was not the same as the one she had before her suspension in April 2012.

"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 the NPA still considered Breytenbach suspended. He said this was based on letters between her lawyer and the NPA after she was cleared, at a disciplinary hearing, of all 15 charges against her on 27 May.

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

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

  • Gerrit Goosen - 2013-07-19 10:41

    What else could you expect, the ANC rules the judical systems as well.

      jeremy thorpe - 2013-07-19 11:43

      I thought this would be a step too far for Breytenbach. Yes, she won her initial case - and should be re-employed by the NPA. But, as far as I know, there's no obligation on the NPA to give her the exact job she had before. As long as they don't demote her or reduce her salary, she can be deployed however they want. Having won her initial case, she should now just pack her bags and go to work for a private law firm.

      Bongo Bongo - 2013-07-19 12:05

      First take them on for constructive dismissal. But what then happens to what she's been working on, Mdluli et al? Swept under the carpet, as usual. Donovan, are you a coloured raCist?

      Linds Ron-House - 2013-07-19 12:11

      @Gerrit, it's amazing how we praise the judiciary when they find against the government but suddenly discredit it when they find for the government. When the ConCourt rulled against Zuma that the appointment of Menzi Simelane to head the NPA was unconstitutional, everyone praised the judiciary. Hypocrites!

      Sbo Kubeka - 2013-07-19 13:53

      @ Jeremy, I agree. She has made her point and cleared her name, time she moved on. There is more to her life than chasing a position with the NPA

      Scouter Four-One - 2013-07-19 14:23

      Methinks the good lady is winding them up for a bigger appeal - just guessing and I wish her the best of luck. Our judicial system needs a good 'kick up the backside'.

      Martin Foster - 2013-07-20 13:39

      Zuma has just appointed the chair and deputy chair of the law reform commission. Or did he confirm the appointments? Either bad reporting or something smells fishy?

  • Markus Venter - 2013-07-19 10:42

    They will go to all extends possible that can be bought with taxpayer's money to protect their own. The current "elite" is nothing different from the "Broederbond" of old.

      Johannes Joey Kers - 2013-07-19 17:25

      Markus Venter, which Broederbond you obviously supported because it clearly had YOUR interests at heart as a white person, but today you pretend not to have been its beneficiary. How rich coming from you.

  • Sontshatsha Kwezi - 2013-07-19 10:42

    Stay away from Richard Mdluli, he is bad news and he is here to stay. Zuma will do anything to protect this men.

      Connie Heuer - 2013-07-19 12:18

      Yes, real justice is almost non existent under Zuma's rule. All his good-buddy pals can commit fraud with impunity, and Angie gets to keep haer job.

  • Sarah Stanton - 2013-07-19 10:49

    Dismissed on what grounds?

      Michael Ntsh - 2013-07-19 11:14

      Sarah, I guess you were supposed to attend to court proceedings to get that. Did you expect to get that from a journalist, who will twist the story in any case?

  • David Johnson - 2013-07-19 10:50

    The only reason they doing this to her, is because she has found out about evidence that could put someone important behind bars like and major ANC (cANCer supporter).

  • merkwaardig - 2013-07-19 10:54

    It is obvious that the NPA is protecting political figures, and as such has zero judicial value. Gone is the dream of '94...

  • Mandla Sipho - 2013-07-19 10:55

    The story is not well balanced... Case dismissed on what grounds?Knowing News24, the reasons might be valid which could explain the reporters silence on that.

  • Singaka Mbele - 2013-07-19 10:58

    get another job madam...eish these people always complained,but they never complained about a single thing during apartheid,wait...everthing was ALL well for them then,then one wonders where the begging ones lost their wealth inherited then, but all thanks to anc for sparing bust ....eds...theres only a handful that are decent

      Michael Wilson - 2013-07-19 11:07


      Terry Burne - 2013-07-19 11:09

      I agree with you Singaka - there's only a handful of ANC members that are decent ......but even then you are probably overestimating the numbers!

      Gary Doyle - 2013-07-19 11:11

      Haha, Singaka Mbele you are the official friday poephol, well done.

      Eugene Fourie - 2013-07-19 11:18

      Political leaders like Zuma and Mugabe stay in power because of ignorant fools like you!

      Pieter Botha - 2013-07-19 11:26

      Is two wrongs equel to one right? A comment like this puts you in exactly the same leque as the appartheid that you are so opposed to. This country can not go forward with people looking backwards. I am sure if she was black, you would not make a comment like this. Do you think in your heart where you are alone, that she was treated fairly by her standing up for you and me.A criminal is a criminal, no matter what the colour.

      Gerald Parker - 2013-07-19 11:27

      Yes about the handful but there is only one left and he is 95 years old

      WildCatSal - 2013-07-19 12:08

      Mbele for "president" he fits all the requirements on number one

  • Derek John Main - 2013-07-19 11:01

    Yet another example of cANCer tampering with the justice system to protect the criminals that are their members. Why bother with the courts anymore - they are just cANCer lackeys. cANCer has and continues to rape the justice system. The justice system no longer has any credibility - if we want any justice, we may as well take the law into our own hands. Phansi cANCer, phansi!!!

  • Silencekhorombi Silence - 2013-07-19 11:04

    Labour court is controlled in luthuli house,they are no longer representing workers they are busy with politics,the only solution is to vote zanc.

  • Stephen Michaels - 2013-07-19 11:14

    Number 1 gave instruction 2 have her removed....

  • Michael Ntsh - 2013-07-19 11:17

    Guys, you cannot cry fowl when court decision doesn't go your way. If decision demonise the regime it becomes "good decision" all of a sudden!!!

      DerekMain - 2013-07-19 11:36

      That would be true if cANCer wasn't tampering with the justice system. Please don't tell me you can't see that. Besides, the cANCer simply ignores court orders they don't like (where are the Zuma tapes they were ordered to produce), so why can't we? Phansi cANCer, phansi!!!

      Nqobile Buzi - 2013-07-19 11:52

      @Derekmain, when she was cleared of the wrong doing early were the courts controlled by "cANCer" as you put it? Just because she has lost this battle does not mean she has lost the war, before the problem between the keyboard and the chair starts making noise think things through

      DerekMain - 2013-07-19 12:14

      @Ngobile - there are many other cases where it is obvious there is undue influence from cANCer on the justice system to sway decisions their way. Can you not see this? Zapiro's cartoon of Zuma raping Lady Justice is totally apt and summarises what cANCer is doing to our justice system to shield themselves from prosecution. Phansi cANCer, phansi!!!

      Bongo Bongo - 2013-07-19 13:44

      "you cannot cry fowl" Cock-a-doodle-doo!

  • Pieter Botha - 2013-07-19 11:18

    The NPA has something to hide, if not she would not pose any danger to them, but they are scared of this women.

      Omge Klits - 2013-07-19 12:28

      Has someone started up a legal account to receive donations towards her legal battles - we the people do need to do something to level the playing fields a bit. Right now the ANC (at least the corrupt cadre cohort) seems to be winning the battle to prevent the prosecution of Mdluli by outspending Glynnis in Court with Taxpayer money.

  • Lishen Maharaj - 2013-07-19 11:28

    As a labour lawyer, if her application was dismissed on the grounds of urgency, no appeal can be made against the decision as it is not of final effect, and is therefore not appealable. if her application was dismissed on merit, then she can appeal to the Labour Appeal Court. The disciplinary proceedings were dismissed against her and therefore she should have been given her former position back. if she has been transferred to a new position without her consent, then the employer has probably committed an unfair labour practice which can then be challenged in the appropriate bargaining councils, and if necessary in the labour court. i'm guessing the application was dismissed on urgency, for failing to satisfy the court that if she is not re-instated to her former position she will suffer some irreparable harm. requesting that you be restored to your former position so that you can continue to prosecute someone is not a valid enough reason for the court to grant you urgent releif, especially if you have an alternative remedy (unfair labour practice dispute resolution mechanisms). just guessing anyway, its purley conjecture.

      John Nel - 2013-07-19 11:42

      Also as a lawyer, it is regrettable that News24 doesn't give us all the facts as to why the application was dismissed so we can comment objectively. Instead the comments are flying that the ANC controls the Labour Court (and by implication the judge). That is far fetched! Quite possibly the NPA won this battle but could go on to lose the war... and should that happen will everyone say the ANC was behind that???

  • kimster - 2013-07-19 11:28

    aha so now someone out there is protecting Richard Mdluli - wonder why hmmmm?

      Sipho Mnguni - 2013-07-19 12:07

      @kimster: maybe he knows something about that someone which if it could come out in public it would mean an end of that someone's career. Just thinking aloud!

  • Siphiwo Khuzwayo - 2013-07-19 11:32

    This is grossly unfair. She was cleared of all allegations placed on her shoulders. This point to show now that, she is not wanted in the NPA.

  • Nkosi Theophilus Matiki - 2013-07-19 11:40

    Sarah did you really ask that which planet are you from Pluto perhaps?

      Peter Fraser - 2013-07-19 11:59

      No actually Uranus.

  • Lois Lloyd - 2013-07-19 11:54

    Keep Africa with it's incompetent leaders and stupid followers blind, deaf and dumb!!

  • Nthokolose Puleng Marope - 2013-07-19 12:06

    Sorry Madam go tla loka, o tla ba strong neh!

  • Robert Burroughs - 2013-07-19 12:11

    Take them to the CCMA. Somebody's hiding something. This stinks from miles away. why don't they want THAT case investigated?

  • Sipho Mnguni - 2013-07-19 12:19

    Adv Breytenbach, what have you done to deserve this? Ah, merit is not rewarded only mediocrity is the norm. You did your job too perfectly and to the dislike of the masters of incompetence and equity. Sorry about it. Not too long you will be joining the unemployed queue.

  • Rebecca Smith - 2013-07-19 12:41

    cANCer corruption has very deeps roots, about time they were all exposed. Bring on elections so we can vote them all out of office!

  • Itumeleng Tshatiwa - 2013-07-19 14:02

    The Labour Court should have atleast provided Advocate Braytenbach with reasons why her application is dismissed so that we be able to comment objectively. This woman should just throw in the towel before she finds herself in unemployment statistics cos clearly she's fighting a bunch of dangerous politicians including president Zuma. She must pursue her legal career in a private field and stay the hell away from the National Prosecuting Authority or else...

  • Ahava Shapiro - 2013-07-19 14:35

    How can an employee decide where they want to work ? This was a correct finding by the court

  • Leroy Reynolds - 2013-07-19 15:02

    Hey booi! Dont expect me to respect a system that is so corrupt that anyone with a few connections and a buck can influence the go expose yourself and see how the system really works!

  • Doctors Doctorate Langa - 2013-07-19 15:56

    My fellow South Africans im not into any part bt 2 b honest de a ppl who wil b rich wit our tax money while dey a corupt i salute breytenbach, the king of abathembu, malema, mothlante, kunene and ramphele 4 facing de dictator, corupt, arogance of our so called anc bosses and dey their super corupt leader who evry anc member is suporting cum elections we wil c if south africans are hapy wit dis if so it min dat we are a monarchialy state under prime minister Zuma cause when u are a zuma u are rich if i had a sister i would hav bin rich a long tym ago cause i ws gona giv her 2 de zulu boy and get richer

  • Gerald du Rand - 2013-07-19 16:32

    Before Jacob Zuma (heh-heh-heh) announced his cabinet, he made a deal with the proposed ministers of Police and Justice that for their appointments, he would not be prosecuted. Learnt from Mugabe.

  • Letlotlo Sephapo Malope - 2013-07-19 18:14

    Is it just me or does that picture of her look downright creepy??

  • Rhonny Phasha - 2013-07-19 18:25

    very unfair but is ANC,theres nothing we can do. Sorry madam

  • firmsly.kabelo - 2013-07-19 20:18

    If she's reinstated and pursue to prosecute Gen:Mdluli then Zuma will be exposed and will in future be prosecuted too.

  • Joshua Kgorutle - 2013-07-20 06:15

    In law u win n lose some cases. But u r still a brave woman. Pick up de pieces n soldier on.

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