Bitterness surfaces at Breytenbach hearing

Judge Hamilton Cele postponed the case indefinitely for judgment, but said he hoped to have it ready next week. The court heard that the NPA was using a 'convenient excuse' to remove a 'troublesome prosecutor', but William Mokhari, for the NPA, denied Breytenbach's suspension had anything to do with former Crime Intelligence head Lieutenant-General Richard Mdluli. He was reacting to Breytenbach's lawyer Andrew Redding who said his client believed Jiba suspended her in an attempt to protect Mdluli. According to a report on the News24 site, Mokhari claimed Breytenbach 'became personal' towards Jiba, arguing that she had not given evidence and that her claim was based on belief and not fact. 'Where is the evidence? The respondent's version is based on suspicion and is far-fetched and defamatory,' he said. 'The applicant became personal... She became so obsessed with Advocate Jiba that everything is Advocate Jiba... Why would she be singled out?' Mokhari argued that Breytenbach was not the only prosecutor working on the Mdluli case. 'This shows that the allegations are malicious and reckless because they are not based on a single shred of evidence,' he said. Full report on the News24 site

Mokhari also questioned Breytenbach's decision to go to the Labour Court. 'She concedes that the allegations are serious and that she wanted her day in the disciplinary proceedings and we have given her that day - she must come clear her name there.' On 19 June, Breytenbach's disciplinary hearing was postponed to 23 July, notes a report on the IoL site. Arguing on the jurisdiction of the Labour Court to deal with the application, Mokhari said the matter belonged to the Bargaining Council or the CCMA. 'This court can't determine suspension in decisions related to unfair labour practice,' Mokhari said. A Business Day report notes the court is expected to give clarity on when employees should apply to the Labour Court in matters that should ordinarily be handled by the CCMA. Full report on the IoL site Full Business Day report

Breytenbach stuck to her 'protection of Mdluli' argument. She claims she was not suspended, as the state alleges, for her abuse of her powers in the multibillion-rand criminal case between Kumba Iron Ore and Imperial Crown Trading, but for questioning her superiors' decision to drop the criminal prosecution of Mdluli. Redding criticised the authority's disciplinary processes and argued that suspension was equivalent to arrest, notes a report in The Times. He said Breytenbach could only be suspended if she had committed a serious offence or jeopardised an investigation. 'Neither has occurred. The charges are trivial. They include that she earned an income from renting a flat and from stabling horses. The state infringes on her dignity, freedom to work and tarnishes her image.' Redding added there was an ulterior motive for her 'prosecution'. 'That is her questioning the decision to drop Mdluli's criminal charges,' he said. 'It is highly suspicious that her suspension letter was given to her a week after it was signed and dated ... the exact time she questioned acting NPA head Nomgcobo Jiba about the dropping of the charges. Jiba's excuse that the letter got caught up in the 'logistical quagmire' is a lame explanation.' Redding said Breytenbach was caught in an incredible vortex of abuse of power. 'Her suspension was announced before she was even told ... she was not heard, never given the real reasons for suspension with the NPA's excuse that the Inspector-General of Intelligence had to investigate the Mdluli allegations being rubbished by the Inspector-General herself,' he said. Full report in The Times

Meanwhile, in the Mdluli suspension matter being heard by the same court, judgment was stayed. A Mail & Guardian Online report notes Judge Andre van Niekerk chose this ruling because a similar case was under way in a separate court. Mdluli has also appealed against an interim order by the North Gauteng High Court that he be suspended. Speaking outside Labour Court, the lawyer for the police said: 'The effect of today's order is that Mr Mdluli cannot report for duty.' The High Court granted the interim order to Freedom Under Law so that a review could be undertaken of the processes relating to Mdluli's original suspension and reinstatement. Van Niekerk made no order as to costs. Full Mail & Guardian Online report