Breytenbach pleads not guilty

2012-07-24 13:02

Pretoria - Suspended NPA prosecutor Glynnis Breytenbach pleaded not guilty to the 16 charges against her at the start of her disciplinary hearing in Pretoria on Tuesday.

William Mokhari, counsel for the National Prosecuting Authority, read out the charges which relate to Breytenbach's conduct when investigating the Sishen/Kumba Iron Ore and Imperial Crown Trading (ICT) mining rights dispute.

The NPA alleges Breytenbach acted impartially in favouring Sishen over ICT in her probe.

She was also charged with gross insubordination and improper conduct for allegedly not handing over her work laptop to the NPA, and for having information deleted from it.

Bringing the NPA into disrepute

Other charges relate to Breytenbach bringing the NPA into disrepute by speaking to the media, either directly or via her attorney, without authorisation.

She also allegedly brought the NPA into disrepute in her Labour Court application, in which she contended that acting national director of public prosecutions Nomgcobo Jiba suspended her in an attempt to protect former intelligence boss Richard Mdluli.

Mokhari said she made these allegations "when you knew that in actual fact your suspension related to your conduct in the Kumba/ICT matter".

Breytenbach is also charged with performing work outside the NPA.

Following the reading of the charges, witness Hercules Wasserman, acting senior manager of the NPA's integrity management unit, took the stand at the NPA offices in Silverton.

Breytenbach was suspended on April 30 as regional head of the specialised commercial crime unit.
On July 18 the Johannesburg Labour Court dismissed Breytenbach's challenge against her suspension.

"The applicant has not shown the existence of any extraordinary or compelling, urgent circumstances to justify a final declaration of the unlawfulness of her suspension," Judge Hamilton Cele said in his judgment.

The Mdluli saga

Cele said there were "reasonable prospects" that her disciplinary hearing would be finalised within a reasonable time period.

Last year, Mdluli faced a raft of fraud and corruption charges relating to the alleged misuse of a secret crime intelligence fund to buy luxury vehicles.

He also faced a charge of murder relating to the death of an ex-lover's husband.

These charges led to his initial suspension, but they were withdrawn and he was reinstated, before being suspended again in May this year by then acting police commissioner, Nhlanhla Mkhwanazi.

Mdluli appealed his suspension in the Johannesburg Labour Court, but it decided he should remain suspended until he had also filed an application for leave to appeal an interim order - granted in the North Gauteng High Court on June 6, to Freedom Under Law (FUL) - that he be suspended and not be allowed to do police work.

  • nrgx.nrg - 2012-07-24 13:17

    of course she is guilty...guilty of doing her job!

      ovaprivilegedwhitey.john - 2012-07-24 14:25

      "White people are mean and uncaring, morally bankrupt and ethically flawed, because white supremacy has taken a huge toll on white people's capacity to be fully human." - Robert Jensen (a white man) White people wear a mask of morality most of the time but when someone challenges the status quo of white supremacy, white privilege and profound racial inequity, the mask of morality slips from their faces. They become extremely aggressive and hostile to anyone who cares and talks about racial justice and equality. We as people of colour should speak openly about racism, racial inequality and injustice even if it seems obvious so that the spotlight is put on the agents of white supremacy and racial inequality. Once they are caught in a bright enough spotlight, the façade will crumble. Speak the truth!

  • peter.ndamase - 2012-07-24 13:19

    Breytenbach's allegations should be treated separately from her initial charges by the NPA. An employee cannot do as they like in any work environment, if she wants to be her own boss then she must open her own company. She should face the music and stop hiding behind Mdluli saga, Mdluli has been suspended!!! Her allegations are just are cover up for her blunders.

      Erna - 2012-07-24 13:41

      And how do you know that?

      Jymiro - 2012-07-24 13:45

      @Erna, the disciplinary process will prove or disprove Peter is saying. She has an opportunity to prove her case and to run to courts to stop the disciplinary process. Well said Peter Ndamase.

      Erna - 2012-07-24 13:59

      @Jymiro With you I agree, but with peter.ndamase I don't. Read his comments - according to him she is already guilty.

      deon.louw.7505 - 2012-07-24 14:20

      He was suspended only after she left.

      sean.lambie.3 - 2012-07-24 14:20

      She has one big problem , she is white !! These racists pr@cks like jumping on the wagon when a whitie is accused !!

      peter.ndamase - 2012-07-24 15:16

      @alicia... Let the law decides whether she is guilty or not. You are basically implying that she is not guilty because she is white, and white people are generally honest. Bull!!!

  • shirley.steenkamp - 2012-07-24 13:22

    Something smells rotten here!

  • Erna - 2012-07-24 13:40

    Bringing the NPA into disrepute is not so very difficult - they make a good job of it all on their own!

  • gordon.turner.37 - 2012-07-24 14:14

    I think we can all look at the history of things to find out EXACTLY where the NPA is headed.

  • phumi.ntlabati - 2012-07-24 14:23

    Breytenbach is a NPA factory fault that was supposed to have been booted out from the system years ago! I have said it timeously that she is nothing but trouble for that organisation. Instead of towing the line from her employers, she was busy playing Jessica Fletcher and batting for the other time. You cannot have someone working for the NPA who is going to be a law onto themselves! Time and time again she has shown her ill-desciple and desregard of the executive!

      Erna - 2012-07-24 14:35

      She was probably doing her job without "playing the game" like so many anc cadres, and now is ostracised because she wouldn't support corruption.

      Hermann - 2012-07-24 14:46

      @phumi ... you have not the foggiest idea what juris prudence is, but when it come to political mascarading you seem to be an expert.

  • lerato.kay.3 - 2012-07-24 14:24

    There are charges that will stick more than glue; she allegedly not handed over her work laptop to the NPA, and for having information deleted from it – stupid move!

      Erna - 2012-07-24 14:35

      These are minor charges compared to what some of them get up to.

  • roy.wadhams.1 - 2012-07-24 15:54

    They are only going after her because she is white and because she is exposing the corruption in the ANC controlled Hawks. Hope she gives them Hell and uses all her means,after all the State should pay all her legal fees like they did for Selebi & Cele when she is found not guilty.

      themba.thwala.98 - 2012-07-24 17:19

      Some of the witnesses' surnames are white surnames. The law firm that lodged a complaint against is a white law firm. Are those whites all also nailing her for the colour of her skin? Dude, it's official: you are a moron, alongside the retards who are going to give you thumbs up and the thumbs down to me - that's not going to improve the absurdity of your statement

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