Breytenbach wants media at hearing

Breytenbach wants media at hearing
2012-07-20 19:25


Suspended senior prosecutor Glynnis Breytenbach has supported applications by the print and broadcast media for access to her disciplinary hearing. (File, Beeld)

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Pretoria - Suspended senior prosecutor Glynnis Breytenbach has supported applications by the print and broadcast media for access to her disciplinary hearing.

Media 24, Avusa Media and M-Net launched an urgent application in the North Gauteng High Court in Pretoria on Friday for access to Breytenbach's disciplinary hearing, which is set to resume on Monday.

It was brought after the National Prosecuting Authority (NPA) decided that the media would not even be allowed inside its building, let alone into Breytenbach's disciplinary hearing.

This, despite a ruling by disciplinary hearing chairperson Barry Madolo, allowing the print media access.

The NPA said Madolo, who has since recused himself from the hearing, had no authority to make such a decision and that the decision was "irrational".

The National Director of Public Prosecutions (NDPP) is opposing the application on the grounds that disciplinary hearings are private affairs and that the presence of the media might intimidate witnesses.

At the same time, the NDPP launched an urgent application to review and set aside Madolo's decision.

Counsel for Media 24, Anthony Stein, argued that the media had a right to access the hearing on the basis of the chairperson's ruling and an undertaking by the state attorney that the NPA would abide by this ruling until it was set aside.

The NPA, in turn, claimed that the senior state attorney who gave the undertaking had acted without instructions.

Stein argued that hearing raised issues of critical public and constitutional importance.

He said the issues had already received wide media coverage and had given rise to a substantial amount of speculation regarding the underlying reasons for the disciplinary charges.

As such, the public had a right to know and understand the manner in which the NPA and the defence dealt with these issues, he said.

Breytenbach herself accepted that there was a public interest in allowing the media access to the proceedings, said Stein.

Counsel for M-Net, Kate Hofmeyr, said the credibility of the NPA was an issue of grave public concern at the moment.

She said closing the doors to the public would only raise speculation about the credibility of the NPA.

Judge Ronel Tolmay is expected to hand down judgment at 08:30 on Monday.

Breytenbach was suspended on 30 April, apparently for conduct related to cases allocated to her.

She submitted in papers before the Labour Court in Johannesburg that she was suspended as regional head of the Specialised Commercial Crime Unit because she insisted on investigating fraud and corruption charges against former police intelligence head Lieutenant General Richard Mdluli.

The NPA has denied her claims, insisting that Breytenbach was suspended because of alleged misconduct in a mining rights case and interference in investigations relating to her conduct.

The Labour Court earlier this week turned down Breytenbach's application to have her suspension overturned.


- SAPA

Read more on: npa | richard mdluli | glynnis breytenbach | media



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Breytenbach loses case on technicality

Suspended NPA prosecutor Glynnis Breytenbach walks out of the NPA offices in Silverton on 19 June 2012. Picture: Mandy Wiener/EWN
Mandy Wiener | 3 days ago
JOHANNESBURG - Prosecutor Glynnis Breytenbach remains suspended after she lost an application to have her suspension overturned in the Labour Court.

However, the decision was made on a legal technicality rather than on the merits of the case.

Breytenbach argued she was suspended in order to stop the prosecution of former Crime Intelligence boss Richard Mdluli.

But the National Prosecuting Authority (NPA) said she was suspended because of her handling of a mining rights case.

She is also accused of interfering in investigations into her conduct.
Wednesday’s ruling was handed down by Judge Hamilton Cele.

He found that the court did not have the jurisdiction to overturn April's suspension.

Cele said the prosecutor should have approached the Bargaining Council.

“The applicant has not shown the existence of any extraordinary circumstances to justify a final declaration on the unlawfulness of her suspension.”
But despite this, Cele did wade in on the merits of the case by suggesting the NPA was wrong to accuse Breytenbach of using the Mdluli saga to deflect attention.

(Edited by Zethu Zulu)