/ 6 June 2013

Deadline set for Breytenbach reinstatement decision

Deadline Set For Breytenbach Reinstatement Decision

The National Prosecuting Authority (NPA) had until 4.30pm on Thursday to make a decision, said lawyer Gerhard Wagenaar.

"We had a meeting this afternoon to discuss her return to work," he said on Wednesday.

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Wagenaar said the NPA was still considering whether it would allow her return, and if so, when. It was also deciding whether to redeploy her.

NPA spokesperson Nomilo Mpondo said she was unable to comment as she did not have all the information.

"We are of the view in law that she is entitled to return," said Wagenaar.

He said Breytenbach was entitled to return immediately, and to the position she occupied prior to being suspended.

"We indicated she wished to return immediately," he said. Wagenaar said if the NPA decided against reinstating Breytenbach, an option would be to approach the courts.

Not guilty
​On May 27, Breytenbach was found not guilty on 15 counts by a disciplinary hearing which sat at the NPA's head office in Pretoria.

A core charge against the anti-graft prosecutor was failing to act impartially when investigating the Kumba Iron Ore/Sishen and Imperial Crown Trading mining rights issue, because of "improper relations" with Sishen's lawyer Mike Hellens.

Breytenbach was also found not guilty on any of the alternative charges. The following day, the NPA announced it would bring a court challenge against the disciplinary hearing's ruling.

At the time, Mpondo described the findings as "factually incorrect and legally unsustainable". Breytenbach was suspended from the NPA on April 30 last year.

After the verdict was handed down, Wagenaar read out a statement on Breytenbach's behalf: "I am relieved that the chairperson saw the lack of justification in the charges laid against me, although the expense of defending myself against the unjustified attack upon me was outweighed by the personal humiliation and sheer strength of will that it took to defend myself. I am nevertheless more than elated that I have been vindicated. If I am allowed to, I will return to my post and continue to prosecute without fear, favour or prejudice as I have always done in the past. I intend, if allowed to, to take up the cases that I was dealing with – and by this I mean all the cases that I was dealing with – upon my return to office.".– Sapa