Mdluli has case to answer - Breytenbach

Breytenbach said she had been angry that charges against him were withdrawn because there was no lawful justification for doing so, notes a report on the IoL site. The decision was made by NPA Specialised Commercial Crimes Unit (SCCU) head Lawrence Mrwebi. 'I was very angry about his decision. I felt it was a decision he could not lawfully make without the concurrence of Mr (Sibongile) Mzinyathi (North Gauteng Deputy Director of Public Prosecutions).' Breytenbach told the hearing that there was a prima facie case to be answered. 'For him (Mrwebi) to say he had made the decision without fear, favour or prejudice, in my view, was preposterous.' Breytenbach believes she was suspended to stop her prosecution of Mdluli, amid suggestions of political interference. However, the NPA claims her suspension was because of her handling of a criminal investigation relating to a mineral rights dispute between mining companies Imperial Crown Trading (ICT) and Kumba Iron Ore over Kumba's Sishen mine. Breytenbach said that when she was informed of the NPA's decision to withdraw the case against Mdluli, she promised to pursue the matter, with a view to having the charges re-instated. Full report on the IoL site

Breytenbach testified that the NPA had never given her an opportunity to respond to the charges against her and that she heard of her suspension only when other prosecutors phoned her to confirm the rumour. According to a Beeld report, she said the NPA never explained to her why her suspension was announced to the media before she was told or given the opportunity to explain herself. 'They never apologised for the way they humiliated me,' she testified. Trengove pointed out that his client received a letter from then NPA head Menzi Simelane on 25 November 20011 promising a letter in which the charges against her would be explained. She never received that, Breytenbach said. Full Beeld report

Breytenbach denied yesterday that she and criminal lawyer Mike Hellens acted like a couple at a court appearance. She was given the opportunity to respond to several allegations made by attorney Ronald Mendelow, on behalf of ICT, in a complaint directed to former National Director of Public Prosecutions Menzi Simelane. Sections of the complaint letter, which led to her suspension, were read by Breytenbach's counsel Wim Trengove SC, notes a report on the News24 site. The court proceedings in question, attended by both Breytenbach and Hellens, took place in the Northern Cape High Court in Kimberley. In that hearing, ICT sought to set aside warrants granted by a Kimberley magistrate to police to search and seize documents at ICT's premises. Trengove told Breytenbach: 'Mr Mendelow says that you and Mr Hellens sat together in court, and outside court you acted as if you are a couple'. 'I am not sure what that means, that we acted like a couple. We sat on a bench outside court and chatted...I was there on official business. He (Hellens) is a person I have known for 25 years. We sat on a bench outside the court and chatted.' After the hearing, Mendelow wrote to Simelane complaining about Breytenbach's conduct. Mendelow contends Breytenbach had no reason to attend the hearing. Breytenbach said she was there because she had 'material interest' in the outcome of the matter. She also rubbished Mendelow's allegations that she was seen at the court 'huddled' with a large entourage of 'Kumba (Iron Ore) people'. 'I didn't know them, so obviously they were there, but not with me. I spent no time with them.' Full report on the News24 site