News National Mendelow concludes testimony at Breytenbach hearing

Glynnis Breytenbach. (Luke Boelitz, M&G)

Mendelow claims 'contradictions' in Breytenbach affidavits 14 JAN 2013 13:34 - SALLY EVANS The disciplinary hearing of senior prosecutor advocate Glynnis Breytenbach has continued at the National Prosecuting Authority head office. OUR COVERAGE NPA appoints new chair to Breytenbach hearing Breytenbach inquiry chair says forced recusal is 'nonsense' July recuses himself from Breytenbach case On Monday, all sides agreed to continue with the hearing from where it left off in August last year. Ronnie Mendelow took the stand and continued with his evidence in chief, which he began giving last year prior to attorney Sandile July's recusal. Eastern Cape advocate Selby Mbenenge SC was appointed by the NPA last year to take over as chair from attorney Sandile July, who recused himself following an application brought by the NPA on the grounds that his position as a director at Werksmans Attorneys could create a perception of bias. Werksmans represents steel giant ArcelorMittal South Africa (Amsa) in matters relating to the ongoing multibillion rand rivalry between Imperial Crown Trading and the Sishen Iron Ore Company (Sioc), a subsidiary of Kumba Iron Ore, over a 21.4% stake in the Northern Cape Sishen Mine. Before his recusal, July had heard the start of Ronnie Mendelow's testimony, the lawyer acting for ICT. The catalyst for Breytenbach's suspension, according to the NPA, was a letter of complaint that Mendelow sent to the then national director of public prosecutions Menzi Simelane in October 2011. Mendelow claimed that Breytenbach had "an unnaturally close relationship" with the legal counsel for Sioc, advocate Michael Hellens SC. Breytenbach has maintained that her suspension is a ploy by acting national director of public prosecutions Nomgcobo Jiba to stop the prosecution of former crime intelligence boss Richard Mdluli – a case Breytenbach pursued relentlessly until her suspension in April last year. On Monday, Mendelow claimed that affidavits, which had formed part of a search and seizure warrant application – to raid Imperial Crown Trading's offices in July 2011 – were drafted by Hellens on behalf of Hawks investigators, who then only had to sign them. 'In cahoots' Mendelow referred to several emails sent from Hellens to Breytenbach during the course of 2011, in which he attached draft affidavits to be used in the warrant application by Lieutenant Colonel Sandra van Wyk, who led the police's investigation into alleged fraud committed by ICT. Mendelow testified on Monday that the involvement of Hellens in drafting various affidavits was "disingenuously disguised by Van Wyk and Breytenbach". "You won't see the name advocate Hellens anywhere. It was disguised, because it was highly improper for the legal representative of the complainants to be drafting affidavits for search and seizure warrants and that is why there were so one-sided and lacked objectivity," said Mendelow. Mendelow then produced a spreadsheet document he had compiled before Monday's hearing in which he alluded to "enormous contradictions in the affidavits by Van Wyk and Breytenbach". Mendelow referred to a criminal complaint lodged with the police by the department of mineral resources against Sioc. He testified that Van Wyk "turned a blind eye to a case which was inextricably linked to the case she was investigating already". Mendelow read directly from his document that Breytenbach and Van Wyk had worked "in cahoots" and that Hellens "was permitted to dictate the contents of the search and seizure affidavits to Breytenbach and Van Wyk". The hearing continues. * Got a tip-off for us about this story? Email amabhungane@mg.co.za The M&G Centre for Investigative Journalism (amaBhungane) produced this story. All views are ours. See www.amabhungane.co.za for our stories, activities and funding sources. Mail & Guardian Mendelow concludes testimony at Breytenbach hearing 14 JAN 2013 17:41 - SALLY EVANS The lawyer representing ICT Ronnie Mendelow has finally concluded his evidence at the disciplinary hearing against Glynnis Breytenbach. OUR COVERAGE Mendelow claims 'contradictions' in Breytenbach affidavits NPA appoints new chair to Breytenbach hearing Breytenbach inquiry chair says forced recusal is 'nonsense' July recuses himself from Breytenbach case Ronnie Mendelow, who has given evidence against suspended prosecutor Glynnis Breytenbach for over four days since August last year, concluded with two 24-page documents summing up his clients' case against the advocate who was suspended by the NPA in April last year. ICT and Mendelow alleged that Breytenbach showed bias in the criminal investigation into alleged fraud and corruption in the high-profile mining rights dispute between ICT and Kumba Iron Ore subsidiary, Sishen Iron Ore Company (Sioc). Mendelow – whose October 31 2011 complaint to the national director of public prosecutions acted as a catalyst for Breytenbach’s April 2012 suspension – testified that Breytenbach had an "unnaturally close relationship" with ICT rival Kumba's advocate Michael Hellens, who had lodged a case of fraud against ICT. The NPA has charged Breytenbach of "engaging" Hellens against ICT in the drafting of affidavits for an application for a search-and-seizure warrant in July 2011 - among other things. The search warrants were a culmination of problems, which began when the department of mineral resources awarded a 21.4% stake in Sishen mine in the Northern Cape, to ICT. Sishen took the matter to court where the company applied for a review application of the department’s decision to grant ICT the prospecting rights. The North Gauteng High Court then ruled that the stake belonged to Sioc and Kumba. The matter is being appealed. Mendelow referred to several emails during his evidence, sent from Hellens to Breytenbach during the course of 2011, in which he attached draft affidavits to be used in the warrant application by Lieutenant Colonel Sandra van Wyk, who led the police's investigation into alleged fraud committed by ICT. Alleged bias Mendelow testified this morning that the involvement of Hellens in drafting various affidavits was "disingenuously disguised by Van Wyk and Breytenbach". Before Mendelow was able to read "line-by-line" the second 24-page document he had prepared, the hearing's new chair, Eastern Cape advocate Selby Mbenenge SC, upheld an objection from Breytenbach's advocate that Mendelow not "engage in the tedious exercise" of reading the whole document out loud. Instead it was handed in as part of Mendelow's evidence in chief. But before Mendelow could wipe the sweat from his brow, Breytenbach's advocate Wim Trengove was on the attack, putting it to Mendelow: "You are biased and you are paid to be biased. Your commercial interest and professional duty is to advance the case of ICT. You are paid to be here to advance their best interests." Trengove referred to a ruling made in the Kimberley High Court in May 2012, that during Mendelow's testimony he had "made a finding" against Breytenbach, despite the judgment in which Judge Raymond Zondo noted that he could not make a ruling on the allegation of bias against Breytenbach and Van Wyk based on the papers submitted in court, as this would constitute "jungle justice". Trengove put it to Mendelow and the hearing: "In your evidence in this inquiry, you purport to do what the judge said was impossible - to make a finding on paper which constitutes jungle justice. He [Mendelow] has made his own findings and conclusions in this hearing. This witness has given the most extraordinary evidence. He has come here to read and present all of these papers, which are substantially the same allegations that are before the courts and then he gave us his own opinions." Mbenenge was appointed by the NPA following the recusal of attorney Sandile July. July recused himself after the NPA brought an application on the grounds that his position as a director at Werksmans Attorneys could create a perception of bias. 'Motive and opportunity' Werksmans represents steel giant ArcelorMittal South Africa (Amsa) in matters relating to the ongoing multibillion-rand rivalry between ICT and Sioc over a 21.4% stake in the Northern Cape Sishen Mine. Trengove has now started to go through the background of the ICT/Sioc legal battle over the prospecting rights. Sioc has alleged that ICT "committed fraud pertaining to the manipulated title deed in respect of ICT's application for the prospecting right". ICT has claimed that Sion had "motive and opportunity" to having placed a manipulated title deed in ICT's prospecting application form. Sion and Kumba have alleged that ICT connived with department officials to ensure their application was captured on the department’s system on May 4 2009, but that in reality its application was incomplete at the time. Disguised copies of Kumba’s title deeds were later found in ICT's application. Trengove's cross-examination of Mendelow is expected to last several days, and will resume on Tuesday Mail & Guardian - - - COMMENTS BY SONNY - - Who is actually tainting evidence here? Mendelow or Trengrove? In whose favour are the cards stacked? We are waiting patiently for a verdict. If there is any doubt........