Sunday, May 26, 2013

GLYNNIS Breytenbach expects to know her fate on the 27 th May 2013

"Mr Mrwebi, being the only witness relied upon by the prosecution, was a poor witness and thoroughly dishonest," Trengove submitted in closing arguments at the NPA headquarters in Pretoria.

Breytenbach 'guilty of misconduct'
Sapa | 06 May, 2013 18:45

Glynnis Breytenbach leaves court. File photo.
Suspended NPA senior prosecutor Glynnis Breytenbach should be found guilty of misconduct, her disciplinary hearing heard in Pretoria on Monday.

The National Prosecuting Authority’s legal representative, advocate William Mokhari SC, submitted that Breytenbach had committed misconduct with regards to the 13 charges brought against her.

“Clearly, she has committed misconduct and she should be found guilty. We are also raising the issue of trust (in the heads of arguments),” he said.

“The employee (Breytenbach) said she doesn’t trust the employer. She said it should not be a factor, because she is simply fighting with individuals. The institution doesn’t talk when you don’t trust your superiors, how are you going to work with them?”

Mokhari outlined the list of 13 charges still standing against Breytenbach, excluding two counts which were part of the 15 initial charges.

A core charge against the anti-graft prosecutor includes failing to act impartially when investigating the Kumba Iron Ore/Sishen and ICT mining rights issue, because of her “improper relations” with Kumba’s senior counsel, Mike Hellens.

Other charges include "surreptitiously leaking" NPA inside information to Beeld journalist Sonja Carstens, and giving her official NPA laptop to her lawyer. The NPA has also charged Breytenbach for "maligning" the organisation in the media.

Submitting closing arguments, Breytenbach's counsel, Wim Trengove SC, said the NPA's director of prosecutions Lawrence Mrwebi had lied while giving evidence at the disciplinary hearing.

"Mr Mrwebi, being the only witness relied upon by the prosecution, was a poor witness [and] thoroughly dishonest," Trengove submitted in closing arguments at the NPA headquarters in Pretoria.

"He obviously lied again and again, and we give examples in our heads of argument."

Mrwebi, Breytenbach's boss, is the special director of public prosecutions and national head of the specialised commercial crimes unit. He gave evidence in January.

The NPA and Breytenbach's defence team have submitted heads of argument to the chairman of the disciplinary hearing, Selby Mbenenge SC.

Trengove said instead of submitting factual evidence, Mrwebi had given his opinion.

"The evidence presented to you by the NPA has been appalling. They call Mr Mrwebi, who doesn't know the difference between truth and untruth," he said.

"Mr Mrwebi was everything but impartial. He came here with an axe to grind. He lied again and again. To accept his opinion is completely unfounded."

Breytenbach was suspended from the NPA on April 30, 2012. She has claimed acting National Director of Public Prosecutions Nomgcobo Jiba suspended her to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

Mbenenge said he would hand down his findings on May 27.

In March a parallel arbitration hearing at the Public Service Bargaining Council, in Centurion, found Breytenbach's suspension was both procedurally and substantively fair.

Her lawyer Gerhard Wagenaar said it was still being considered whether to take the arbitration hearing decision on review or appeal.

Breytenbach awaits her fate
GLYNNIS Breytenbach expects to know her fate

National Prosecuting Authority: Torn between the politics and the people of South Africa


The narrative of events leading to the suspension of the NPA’s Glynnis Breytenbach is scary stuff. Now it’s emerged someone has also been trying to intimidate the prosecutor who refused to drop charges against Richard Mdluli. She’s planning to fight and SA’s culture of impunity is back in the spotlight. By GREG NICOLSON.

Breytenbach’s assailants seem to think she’s most vulnerable in her car. Perhaps it’s a chance to intimidate the head of the NPA’s specialised commercial crime unit in Gauteng without the situation escalating to obvious physical violence. And it gives whoever is intimidating her a chance for a quick getaway.

On 11 April, Breytenbach was shot at while driving on the N14 near an off-ramp as she drove to her home in Centurion, she told Beeld. Then, on 25 April, she said two BMW motorbikes tried to force her off the road as she made a trip to the gym.

The prosecutor said she reported the incidents to the Hawks instead of the SAPS because she couldn’t identify the culprits. But Hawks spokesman McIntosh Polela said an official case was not opened. They were not investigating the attacks nor would they provide protection. “She works for the NPA. They can talk about her protection,” he wrote to Daily Maverick.

NPA spokesman Mthunzi Mhaga told Sapa on Monday that “We are concerned about her life being at risk but also worried that the matter was never reported to our security and risk unit because she is still an NPA employee, although on suspension.”

“We'll follow up the matter with the relevant unit to see how best to assist her,” but Mhaga did not respond to questions on Wednesday about whether the NPA was now providing protection.

The lead-up to Breytenbach’s suspension might explain why she thought it futile to report the incidents to her bosses. These incidents came after her stated opposition to the charges against President Jacob Zuma ally and crime intelligence boss Richard Mdluli being dropped.

Breytenbach came to the public’s attention as pundits said Zuma was creating a “phalanx of praetorian guards”. Mdluli, rumoured to have accrued favours from Zuma, wanted to return to work, possibly as the top cop. Fraud charges against him were dropped by the NPA in mid-December.

Despite a report of extensive allegations of fraud against him, he was reinstated as crime intelligence boss in March. It was a high-profile return that passed with scant explanation.

Public protector Thuli Madonsela announced last week that she wouldn’t investigate while the inspector general of intelligence, Faith Radebe, was still looking into Mdluli.

Breytenbach was responsible for the NPA’s investigation of Mdluli as well as other high-profile cases such as the arms deal. She opposed the withdrawal of charges. In February, she was issued with a notice of intention to be suspended.

She was suspended on Monday, although the letter was dated 23 April. It came after she wrote a memo last week stating her intention to go to court over the decision to withdraw the charges against Mdluli unless the NPA reconsidered.

African Christian Democratic Party MP Steve Swart said “something is seriously wrong” in the NPA. “It is very clear that this campaign of intimidation is linked to advocate Breytenbach's involvement in high-profile cases, including her resistance to the dropping of charges against crime intelligence boss, Richard Mdluli, the (Independent Complaints Directorate) and Malema matters.”

Democratic Alliance MP Dene Smuts said two questions must be answered. If the suspension wasn’t a ploy to intimidate Breytenbach, why did the NPA wait so long to act on a past case? And how did the sequence of events leading to the suspension unfold?

The NPA said Breytenbach’s suspension is not related to Mdluli. “We dismiss those insinuations as baseless,” Mhaga told Sapa. Breytenbach’s lawyer Gerhard Wagenaar said the official reason for the suspension was her role in investigating an ugly battle over the awarding of mining rights in Sishen to Imperial Crown Trading over rival Kumba.

Breytenbach was forced to remove herself from the case after allegations that she was working in concert with Kumba and the Hawks to prove Imperial had fraudulently won the rights to mine in Sishen.

According to the Mail & Guardian, Imperial handed its complaint to former director of public prosecutions Menzi Simelane in the presence of Breytenbach’s direct boss, Lawrence Mrwebi. Instead of suspending her, it’s understood they agreed she would step down from the case.

Now many are asking why it took so long to suspend her and why it coincides with her threat to take the NPA to court over the withdrawal of charges against Mdluli. Wagenaar says Breytenbach didn’t abuse her powers and is considering all legal options.

The NPA has been tight-lipped on the suspension. Without explaining why or how it came about, it’s been interpreted as a move to defend Mdluli from prosecution, protect a Zuma ally, and maintain the presidency’s control over state intelligence agencies.

But Breytenbach says it will take more than a few potshots at her car for her to back off. “If it was an attempt to intimidate me, it was not successful,” she told Beeld.

Depending on her next moves, the NPA might be compelled to explain the suspect timing of the suspension and, if we’re lucky, why a man with allegations stacked against him enjoys impunity.

In the meantime, it might be wise for her to take a different route to the gym. DM

1 comment:

  1. Breytenbach not guilty

    Prosecutor Glynnis Breytenbach at the National Prosecuting Authority's (NPA) headquarters in Pretoria. Picture: Lesego Ngobeni/EWN.

    Eyewitness News 27 / 05/2013 11h00

    PRETORIA - Senior prosecutor for the National Prosecuting Authority (NPA) Glynnis Breytenbach has been found not guilty on all 15 charges relating to her handling of a controversial mining rights case.

    Breytenbach was suspended in April last year for her handling of the case involving Sishen and Imperial Crown Trading (ICT). But she claimed she was suspended to stop her prosecuting policeman Richard Mdluli.

    Chairperson Selby Mbenenge found Breytenbach not guilty on five counts relating to allegations she was influenced by Kumba’s legal representative, Advocate Mike Hellens, and that she allowed him to try to turn an accused into a state witness. Kumba is Sishen’s parent company.

    Mbenenge found there was no evidence to show she conspired with Hellens and Advocate Nazeer Cassim to turn Archie Luhlabo.

    The chair has also ruled there was no evidence to contradict Breytenbach’s argument that she was always in control of the case and didn’t lose objectivity, despite sharing a friendly relationship with Hellens.

    The dispute between Sishen and ICT started in 2009 when Sishen laid a complaint against ICT, claiming it had committed fraud in its push for prospecting rights.