News24

Breytenbach's suspension upheld - NPA

2013-03-25 17:16

Johannesburg - NPA prosecutor Glynnis Breytenbach's suspension was both procedurally and substantively fair, the Public Service Bargaining Council has found.

This was confirmed on Monday by National Prosecuting Authority spokesperson Bulelwa Makeke.

"The bargaining council [found] that it was not flawed," she said.

"She [Breytenbach] remains suspended and now we wait for the outcome of the disciplinary hearing."

Breytenbach's attorney, Gerhard Wagenaar, said: "We have to consider whether to take the matter on review or appeal."

Wagenaar would not give further comment.

The arbitration hearing, at the Public Service Bargaining Council chambers in Centurion, was held in parallel with Breytenbach's disciplinary hearing at the NPA's headquarters in Silverton, east of Pretoria.

Breytenbach, who is head of the NPA's regional specialised commercial crime unit, was suspended last year, allegedly for failing to act impartially in her investigation of a dispute between Imperial Crown Trading (ICT) and Sishen/Kumba Iron Ore over mining rights in the Northern Cape.

An attorney for ICT, Ronald Mendelow, wrote a complaint to the then national director of public prosecutions Menzi Simelane.

Mendelow claimed Breytenbach was "too close" to criminal lawyer Mike Hellens - a situation which would compromise her independence.

Hellens was on a brief for ICT's rival, Kumba Iron Ore Limited.

Breytenbach's lawyer was not immediately available for comment.

Comments
  • Glenda Gert - 2013-03-25 17:26

    Now she must be fired for all the allegations and bringing the NPA into disrepute

      FeebleGastro - 2013-03-25 17:47

      Glenda Gert should be fired from the human race for being stupid beyond comprehension. Well, so should everybody even remotely connected to the ANC. Zooma, Mandela, et al.

      TinavoMagaisa - 2013-03-25 18:37

      If there is equality in this country, then Glenda you are spot on, but then again this is South Africa.

      ivan.marsh.37 - 2013-03-25 20:14

      Glenda, did you follow the hearing or are you smoking something?

      Sarel van Deventer - 2013-03-25 21:17

      Equality tinavo? Why is jacob walking free then? As soon as someone try and prosecute zuma or his friends something happens. U should be ashamed. Covering for corrupt politicians. R600 000 000 000 stolen in 20 years and u stil want to blame the white man. That money could have eradicated poverty. Now u want to make us believe the woman trying to prosecute one of the thieves is corrupt? Hahaha. Jacop zuma can fool the masses but u wont fool me!!!

      TinavoMagaisa - 2013-03-25 21:26

      @Sarel van Deventer I think the Jacob Zuma issue is another debate for another day. Today is Glynnis. I think to bring the race issue is not fair here. Her excuse was that she was victimised because of her involvement with the Mudhluli case but that case was send to that courts and the guy faced a barrage of charges, so her argument doesnt hold water. So should every civil servant become corrupt because Zuma has charges hovering his head? How are we going to stop Zuma if highly competent technocrats are being compromised? Seems you are advocating a situation where certain people can commit misconduct and then blame Zuma.

      Sarel van Deventer - 2013-03-25 21:36

      If she is found guilty, fire her. The problem is why is charges brought against her after the mdluli case? Why is julius malema brought to book after scufles with zuma? Now tell me thats another case? They all have one thing in common my friend, jacob zuma!!!

      TinavoMagaisa - 2013-03-25 21:42

      @Sarel van Deventer You just cant fire someone without following due process, and thats what happening. She is the one who mentioned Mudhuli when she was asked about her contact in the ICT/Kumba case. And if you really followed the case, it was another lawyer Ronald Mendelow,who complained abt her misconduct, hence the process she is going through. If you are looking for a scape goat, try Mendelow

      Sarel van Deventer - 2013-03-25 21:56

      Scapegoat? Facts are facts. Charges were brought agains her after she brought charges against mdluli and he is zumas right hand man. I dont no who u are trying to convince my friend, maybe your self?

      TinavoMagaisa - 2013-03-25 23:16

      Do you know who laid an official complaint against Glynnis? Sorry but its neither Zuma nor Mudhluli. Its one of her peers. If you can link the ICT lawyer with Zuma, then maybe your rantings could be considered as an argument. For now your just showing your hatred for Zuma and blind following for Glynnis.

  • Tiaan Liebenberg - 2013-03-25 17:40

    Surprise, surprise... The PSBC again adheres to the master's voice. Cowards!

      Jack - 2013-03-25 17:51

      Once the cANCer spreads all organs are at risk. Only immediate, severe surgery can halt the spread. Well, that's what people tell me anyway.

      TinavoMagaisa - 2013-03-25 18:34

      How come no-one whats to argue on the merits of her case? And from the start, she hasnt refuted her employer's allegations against her, she only offered another angle, far from the accusations against her. I think she did herself a dis service by not proving the allegations to be wrong and taking the populist route

  • hugenote1980 - 2013-03-25 18:02

    Now the only stumbling block that prevented the NPA form being completely formed in its master's image, Zuma, has been removed.

      TinavoMagaisa - 2013-03-25 19:43

      What has this lady's case got to be Zuma?

      hugenote1980 - 2013-03-26 14:37

      @Tinavo. If perhaps you pay more attention and read more you will understand. The whole reason JZ never had to stand trial was due to the fact that the head of the NPA was replaced with someone who conveniently dropped the charges against him. This is how the ANC operates. It's happening everywhere: Julius Malema, the whole Limpopo government and now "this lady". Wake up and see how your hard-fought freedom is gradually being eroded by this corrupt government.

  • firstseed.mbeva - 2013-03-25 18:16

    OK

  • David Arundel - 2013-03-25 18:22

    so she has been suspended for doing her job? It's a farce, the government set-up these bodies to show the public they are serious about fighting corruption but if anyone actually investigates crime and corruption they are suspended, shot, killed or their entire organisation gets disbanded. And in the very rare cases where charges are brought against people they get some pathetic jail sentence then are out sipping sundowners in Camps Bay or playing golf in KZN. It's long overdue that the ANC stops acting like a Viking raiding party and raping the public coffers and actually start governing the country.

      TinavoMagaisa - 2013-03-25 19:07

      But how come she didnt refute the allegations against her? Her argument was that she was being targeted for the Richard Mudhluli case but that also doesnt hold water because that case was sent to the courts. If we are to be fair, there is something fishy with this lady. How come you dont want to comment about her compromising relationship with Hellens? Why dont we debate the merits of case instead of just making her victim of the government? She is an experienced advocate but we have to be honest and say her defence against allegations against her was pathetic. She took the populist route instead of providing evidence to be prove her innocence considering that she kept the files of the case she is accused of unprofessional behaviour.

      Jabulani Samuel - 2013-03-25 21:56

      U must not forget that the complainant in her case is whiteman,so y not blame the him.

      Mabeshankone ZoSuthu - 2013-03-25 22:43

      Yes Tinavo - exactly like Zuma argued against his corruption charges. "I am being targeted". That's how people with something to hide answer charges. How incompetent must a lawyer be to not recognise an obvious conflict of interest? #ProudlySouthAfrican

  • MissusMads - 2013-03-25 18:25

    Terrible news!

      TinavoMagaisa - 2013-03-25 18:37

      For who?

  • TinavoMagaisa - 2013-03-25 18:29

    Everyday people on this platform complain about corrupt and under perfoming civil servants but it seems we have double standards. In this case people seem to ignore the fact and rush to protect the person despite her being found on many platforms to have been compromised. Same with the Eskom debacle, no-one seems to complain about Brian Dames but the previous CEO was slaughtered despite the government taking the blame for not implementing suggested policy from the management executive he headed. Why is there a defeaning silence on the peformance of Dames? He has failed to steer the ship in the right direction, like the previous CEO? It seems there are different rules for different people in this country, that's why the rot wont stop. If a public servant under performs or is suspected of under hand dealings, then they must face the music, despite their race or party affiliation.

      Thembinkosi Jozie - 2013-03-25 18:46

      We can't blame the CEOs of the parastatals because all of them are not allowed to think for themseves. They are only following instructions from the Saxonwold compound. Even gigaba himself takes orders from the guptas. Do u still remember what happened to Kona of SAA after he defied orders from the guptas. As for the NPA when are they going to suspend Nomgcobo who is in contemp of court. Where r spy de tapes?

      Motlalepula Matshwe - 2013-03-25 19:59

      It seems those who calls others Africans....im sure they r europeans or maybe americans can only critisize and find fault with with everything they think to be african if something or sum1 doesnt fit their description of african it can never have flaws.

      Sarel van Deventer - 2013-03-25 21:24

      The problem is as soon as someone tries to prosecute zuma or his buddies something turns up. Why is that? People wont stay blind for ever. Zuma and his comrades wil suffer for what they are doing, they wil suffer for keeping poverty going so long. Keeping people brainless will work only for so long!!!

      TinavoMagaisa - 2013-03-25 21:31

      @Sarel van Deventer your obsession with Zuma is definitely in overdrive. She was never assigned to prosecute Zuma. She is on the spotlight for her compromising relationship with Hellens and her unprofessional contact in the ICT/Kumba case. Those are the simple facts. Nothing more here

      Sarel van Deventer - 2013-03-25 21:41

      Nothing more but the charges were brought against her after she brought charges agains mdluli and he is zumas right hand man? Right or wrong?

      TinavoMagaisa - 2013-03-25 21:49

      @Sarel van Deventer wrong because the charges where brought after an official complaint by her peer Ronald Mendelow. Then she brought out the Mdhluli card because that was the hot topic those days. She was never assigned the Mdhuli case. About him being Zuma's right hand, i wouldnt be qualified to comment because i dont know that. I know he is a former top cop who messed up his love life with his work and has cases related to that pending in court

      Sarel van Deventer - 2013-03-25 22:01

      She is head of her department, she was one of the main drivers for bringing charges against him and he was personaly apointed by zuma!!

      TinavoMagaisa - 2013-03-25 23:21

      Why are you turning a blind eye to the fact that she is in the mess due to an official complaint by Ronald Mendelow? It doesnt matter whether she ran the NPA but her fellow esteemed lawyer complained abt her. Not Zuma or Mudhluli. Can you link Mendelow with Zuma or Mudhluli in this particular case please? I doubt it, hence your verbal diarrhoea trying to create a conspiracy where none exists.

      Sarel van Deventer - 2013-03-26 07:17

      A few weeks back i had a reverse of this u are trying. I were in conversation with a black oke about zuma and his role with schabir shaik, he were hammering on about a setup, zuma was framed and i were going on about the technical bases. Ironic, i know. It cant be proven, yet. But its a litle strange that everything is panning out now. With corruption so high, why cant it be that mendelow fabricated evidence against her? Thats the point im making, we can go on about it for ever. The fact remains, zuma is a criminal, mdluli is a criminal, breytenbach? I dont know, its stil to be proven. I smell a big rat

      TinavoMagaisa - 2013-03-26 08:16

      @Sarel van Deventer First and foremost, just because am a "black oke" doesnt mean i support Zuma. You are assuming that being black i cant think on my own and i just "follow" Zuma blindly, and I take offence to that assertion. I am reading between the lines. My point is why doesnt Glynnis stand up and tell us her side of the story? She is a senior advocate who is represented by another senior lawyer. To argue simply say she is targeted for a particular case is rather shallow dont you think? She must prove her detractors wrong by addressing allegations against her professional misconduct by a fellow senior lawyer and am sure if she does that then we can all sympathise with for her being victimised. But she is not. I for once agree with you when you say there more than what meets the eye but this case has been dragging for about a year now and she gone to CCMA and other platforms without success. Doesnt that raise eye brows? Maybe the lady advocate was caught with her hands int the cookie jar. Innocent people dont use conspiracy as a defence, like what Zuma did. They tend to use evidence. Why doesnt she tell her employer and the nation about her cosy relationship with Hellens?

  • Antoinette Pedro - 2013-03-25 18:33

    Perhaps news24 can find a better picture of Breytenbach? Dont know why you always use pictures that make her look like she's in a crazed psychosis.

      TinavoMagaisa - 2013-03-25 18:36

      But that's how God made her, unless you want them to photoshop her pics

      Mabeshankone ZoSuthu - 2013-03-25 22:39

      She's got dimples, tog. That's cute.

      hugenote1980 - 2013-03-26 14:43

      @Mabeshankone. Hahahahaha! Funniest comment of the day.

  • Erna Westdyk - 2013-03-25 18:43

    I think the results of the disciplinary hearing may be the important one. This is just to determine if proper procedure was followed when suspending her. The reason for the suspension will determine if she deserves the suspension. I think - may be wrong.

  • Alan Street - 2013-03-25 19:14

    She obviously came too close to exposing the facts!

      TinavoMagaisa - 2013-03-25 19:23

      If she has facts why doesnt she honourably resign and then provide an expose?

  • Ahava Shapiro - 2013-03-25 19:23

    Lets not forget the many 100's of other people that where fired, framed or forgotten, for standing up to interference/unethical or illegal instructions from superiors in government and corporate sectors.

      TinavoMagaisa - 2013-03-25 19:34

      @Shapiro, arent you generalising? she hasnt refute allegations against her. Isnt that suspicious?

      Ahava Shapiro - 2013-03-25 20:38

      @magaisa Can you be more specific about what I generalised ?

      TinavoMagaisa - 2013-03-25 20:44

      @Ahava why dont you give us one or two people who where fired, framed or forgotten for "standing up" as you put it and the particular circumstances? And please specify how this lady falls into the same category

  • PaddyCure Stunner - 2013-03-25 20:17

    @Tinavo - thank you for exposing so many idiots so calmly! Well done - you should become a regular on this site. People on this site work themselves up to a frenzy, feeding off one another's progressively stupid and comments. I've never seen how quickly they cringe away when all the stupid and prejudiced comments are challenged with cold logic...my hero!

      TinavoMagaisa - 2013-03-25 20:24

      Thanks mate

      ivan.marsh.37 - 2013-03-25 20:30

      PaddyCure, can,t believe you are claiming the intellectual high ground based on the drivel that Tinavo spewed forth.

      TinavoMagaisa - 2013-03-25 20:41

      @Ivan, why dont you bring facts to the table instead of a attacking people who dont support your line of thinking? Facts not insults please

      PaddyCure Stunner - 2013-03-25 20:43

      @Ivan - Drivel? Well, be my guest and present an argument. Did this lady put up any susbstantive case for herself, other than unrelated stuff? Why would an experienced attorney like her just play the diversionary card? Did she or did she not? Answer that!

      Mabeshankone ZoSuthu - 2013-03-26 07:01

      Ivan, are you there?

  • Hein Huyser - 2013-03-25 21:24

    And so the purging continues. Democracy the anc way

  • Mabeshankone ZoSuthu - 2013-03-25 22:32

    How predictable are the people criticising the finding? You should have raised your objections when the hearing started and not at this stage - now that the decision has gone against Breytenbach. She's got the right to appeal, anyway. So she can happily go for that. #ProudlySouthAfrican

  • ivan.marsh.37 - 2013-03-26 06:21

    Tinavo, some business leaders and certainly executives in state institutions are put there to 'serve' their political masters and take action when politically connected comrades are threatened. The timing of Glynis being targeted says a lot (granted difficult to prove). Their is more evidence against Mdluli than there is against Glynis (yet where is his case going). Main issues against G are relationship with Helen's (been explained and I don't see major problem) and of course cleaning up laptop which I also would have done when vultures are looking for anything to add to charge sheet no matter how trivial ( managers decisions can always be used against them when desirable). By virtue of the fact that there was a hearing, g is refuting the allegations against her (thought that was obvious). As regards comment on photoshopping pic, your turn to be insulting. Ronald Mendelow...hmmmm...political masters? And as regards links, is difficult to prove but there is still a disciplinary hearing to come and the characters in question don't exactly have exemplorary records. The true motivation behind Mendelow initiating complaint needs to be made clear (do you have proven facts on this issue). As regards conduct in the ICT/kumba case I think maybe here we are touching on the 'big business' reason for the charges and more details need to be unravelled. As regards her defence in the hearing, have to agree it was not the greatest and certainly didn't advance her cause but this has to be overlooked when considering whether she is actually guilty. Also have to agree that not enough was done to have charges dismissed. Hopefully she will be better represented at her disciplinary hearing which is the one that really counts. All I want to see is the truth come out. All facts considered I do believe G is being pushed out because she following the course that pleases the powers that be.

      TinavoMagaisa - 2013-03-26 08:31

      @Ivan I must say I do agree with some points that you have raised, especially about the involvement of big business. They behave like a mafia and they bulldoze their way around. However, I feel using the conspiracy defence is wrong because any NPA employee would also take that route, blame it on Zuma. There is a lot of corruption in both the government and private sector in this country and those connected always walk free, leaving scarred victims along the way. Is Glynnis one such victim? I doubt it. She must just explain her alleged misconduct in the case at hand before going to conspiracy allegations, which are by the way are difficult to believe. On Ronald Mendelow being following 'political master" wht proof is there that is he is pro ANC? Or we are just painting him with the wrong paint because he may have exposed Glynn as unprofessional. There are some people in this country who think some people are not capable of doing wrong because of their race, back ground or generally because they come from a good family. Shouldnt we try to understand that maybe Mendelow is hero for trying to expose underhand "corruption" in the NPA? If Mendelow was an ANC apologist dont you think we could have had document proof by now?

  • ivan.marsh.37 - 2013-03-27 02:56

    @Tinavo, Mendelow does not necessarily need to be following a 'political master' but could be forced to act by the same (career preservation) but again no facts and difficult to prove. Look I am not big G fan, but do need to take objective view on side of justice and there is only alleged misconduct. In my mind insufficient STRONG evidence has been put forward to support allegation (flimsy at best and reeking of ulterior motive). What also concerns me is that there are any number of 'officials' in positions of power against whom stronger evidence exists for possible action yet G has been isolated and charged. No ulterior motive? Not so sure. G might be guilty of not making best decisions but is this enough to warrant action taken? Not sure? Agree on statement "...... some people in this country not capable of doing wrong because of their race....." but in my mind this applies more to those who have 'blindly' supported her on this basis. Cannot be used to imply that she is guilty. Is Mendelow a hero for possibly exposing corruption? Don't know him that well but If there is corruption, how did G benefit? No evidence to support that she gained financially or otherwise (unless I missed something).

  • Peter Fisher - 2013-05-06 22:11

    Lets all boycott Ronnie Mendlow who tried to exonerate his crooked clients.the Zuma's may be history sooner than you think Ronnie!

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