No justification to overturn NPA suspension - judge

2012-07-18 21:15

Johannesburg - A challenge by prosecutor Glynnis Breytenbach against her suspension from the National Prosecuting Authority failed on Wednesday.

Johannesburg Labour Court Judge Hamilton Cele dismissed her application, and said no costs were ordered.

"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," Cele said in his judgment.

"There are reasonable prospects that if the disciplinary hearing against her is persisted with, it will be finalised within a reasonable time period. If not, she may refer an unfair labour practice."

Cele said the court would only intervene in uncompleted disciplinary proceedings in "exceptional circumstances".

He said however that if the NPA did exercise its right to discipline Breytenbach, it could be found to be "flouting and frustrating" the aims of an investigation ordered by the North Gauteng High Court into the suspension of former intelligence boss Richard Mdluli.

"It has been shown in these proceedings that the applicant will probably be a vital official in that probe," said the judge.

"If she is found guilty and dismissed, she will be handicapped from utilising the tools of the trade that she might need in these investigations. The justice sought to be striven for in the matter of General Mdluli would have been seriously compromised."

Breytenbach was suspended as regional head of the specialised commercial crime unit on April 30, allegedly for conduct relating to cases allocated to her.

Breytenbach contended that she believed acting national director of public prosecutions Nomgcobo Jiba suspended her in an attempt to protect Mdluli.

  • anthony.kay.965 - 2012-07-18 21:40

    They suspended Breytenbach, and they defended Mduli!!! That kind of justice that we see in Africa, is coming to our shores. And you were telling us that life is fair. Between the justice system and the banks, this country is going to the dogs.

  • FinalJustice - 2012-07-18 21:50

    'Judge Hamilton Cele' ... I smell a rat, probably just me - but never the less, I can smell it!

      Adam - 2012-07-18 22:10

      The judge should have stayed awake, he missed a good case.

      rocky.bell.927 - 2012-07-18 22:12

      .....excellent smell you have "your honour" - indeed the name CELE has an aroma to it. = VROT The judiciary in this country has become a joke -------- and I still maintain: these jesters have the audacity to make a mockery of the previous judiciary system. In most countries the 18th of July would have been celebrated as a remembrance day and not a "happy birthday"!! Do I despise the 17th of March 1992. A date that should be remembered as the day SA was "signed" over to the forces of doom!!

  • suraya.williams.9 - 2012-07-18 22:01

    If this is how the system works then I might aswell drop out of law school because the way things look now corruption will always win

      melusi.myaluza - 2012-07-19 00:44

      Please drop out,u can't read or write anyways!!!!

      suraya.williams.9 - 2012-07-19 14:01

      Firstly you don't know me so how could you determine that from the one comment I wrote? I actually feel sorry for you and I won't stoop to your level because that would mean that I am an idiot like you which I'm not (: So you enjoy your day

  • melusi.myaluza - 2012-07-18 22:25

    How nice hypocrites! The court rules against a white employee who thought was above her employer and suddenly there's a big whooooo whaaaaaa! The same court ruled against against Sir Richard Mdluli and our justice system was hailed as being among the best in the world,as I have said it before,whites only care whites! If u disagree please prove me wrong.

      rocky.bell.927 - 2012-07-18 23:36

      melusi - familiarise yourself with the "real" facts and then make a unbiased contribution. As a matter of fact - do you know the background and facts of this case?? It seems not........... reminds me of the mafia-style justice so pertinent during the 1930's in the USA.

  • stephan.bester.14 - 2012-07-18 22:36

    There is a labour appeal court, use it!!!

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