/ 15 June 2013

Breytenbach to head to Labour Court over redeployment

Why does Glynnis Breytenbach's reinstatement at the NPA threaten Jacob Zuma's allies? We explain it all in under five minutes.
Why does Glynnis Breytenbach's reinstatement at the NPA threaten Jacob Zuma's allies? We explain it all in under five minutes.

"An application will be brought to the Labour Court this week, to set aside the decision by the National Director of Public Prosecutions to move her [Breytenbach] from the office of Specialised Crime Unit [SCU] to the office of the Director of Public Prosecutions in Pretoria," Wagenaar said on Saturday.

On Friday, SABC radio news reported that Breytenbach had been informed that she would be redeployed.

Wagenaar told the broadcaster she had been informed of this on Thursday evening.

"What I can tell you, is that we have received a letter just before 7pm last night indicating that Ms Breytenbach will be redeployed to the office of the Director of Public Prosecutions in Pretoria and not to the SCU anymore," Wagenaar said at the time.

On Thursday, the National Prosecuting Authority (NPA) confirmed that it had filed an application for the Labour Court to review the outcome of a disciplinary hearing which cleared Breytenbach of all charges against her.

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

One of the charges was that she failed to act impartially when investigating the Kumba Iron Ore/Sishen and Imperial Crown Trading mining rights dispute, because of "improper relations" with Sishen's lawyer Mike Hellens.

'Legally unsustainable'
After the findings were made known, the NPA said it found them "factually incorrect and legally unsustainable" and would approach the court for a review.

On Wednesday, the NPA's executive manager for communications Bulelwa Makeke, said in response to a question, that Breytenbach was at work but that the NPA would not discuss work matters in the media.

However, on Thursday, Eyewitness News reported that Breytenbach had not worked at all this week.

Asked on Thursday to clarify, NPA spokesperson Nomilo Mpondo said the NPA told Breytenbach she could come back to work on Monday. The NPA reiterated that it would not discuss her daily movements with the media. – Sapa