Get more Mail & Guardian
Subscribe or Login

Breytenbach ‘threatened court action over Mdluli’

A week before her suspension, prosecutor Glynnis Breytenbach threatened to challenge in court a decision not to prosecute crime intelligence boss Richard Mdluli, Beeld reported on Wednesday.

Breytenbach threatened to take the decision to court for a review, if the National Prosecuting Authority did not reconsider its decision not to prosecute Mdluli.

Breytenbach said this in a memorandum to acting NPA chief Nomgcobo Jiba on April 24. Her lawyer, Gerhard Wagenaar, confirmed this to Beeld.

In the memo, she reportedly insisted there was a prima facie case of fraud and corruption against Mdluli. She asked Jiba to ask Lawrence Mrwebi, the director of specialised commercial crimes, to review the decision to withdraw the case against Mdluli.

Otherwise, Breytenbach reportedly said she would not hesitate to take the decision to court.

Her letter of suspension, dated April 23, was only served on her on Monday. The NPA said the charges “relate to her conduct in handling one of the cases allocated to her”.

On Tuesday, Beeld reported that Breytenbach, regional head of the NPA in Gauteng’s specialised commercial crime unit, said she was shot at on April 11 on the N14 highway near an offramp.

On April 25 two BMW motorbikes tried to force her off the road while she was on her way to a gym in Centurion.

Hawks spokesperson Colonel McIntosh Polela confirmed Breytenbach reported the shooting immediately after it took place.

According to reports, Breytenbach was responsible for, among other cases, the fraud case against Mdluli.

The NPA said at the time there was no link between Breytenbach’s suspension and Mdluli.

It was reported in March that the allegations against Mdluli include defrauding crime intelligence to buy two new BMWs for him and his wife; appointing several family members as secret agents, and the unauthorised use of safe houses for his personal benefit.

Public protector Thuli Madonsela last week declined probing allegations of abuse of state funds against Mdluli, saying the matter was being looked at by the inspector general of intelligence.

Mdluli is also involved in an inquest into the murder of his former lover’s husband, Oupa Ramogibe.

Criminal charges relating to Ramogibe’s 1999 murder were recently withdrawn against Mdluli, court orderly Samuel Dlomo, Colonel Nkosana Sebastian Ximba, and Lieutenant-Colonel Mtunzi-Omhle Mthembeni Mtunzi.

The initial charges against Mdluli are intimidation, kidnapping, assault with intent to do grievous bodily harm, murder, attempted murder, and conspiracy to commit murder.

At the time of Ramogibe’s killing, Mdluli was branch commander of the Vosloorus police station.

Mdluli is believed to be the frontrunner to replace General Bheki Cele as police chief. Cele has been suspended pending the outcome of an inquiry into alleged misconduct relating to two lease agreements for new police headquarters in Pretoria and Durban. — Sapa

Subscribe to the M&G

Thanks for enjoying the Mail & Guardian, we’re proud of our 36 year history, throughout which we have delivered to readers the most important, unbiased stories in South Africa. Good journalism costs, though, and right from our very first edition we’ve relied on reader subscriptions to protect our independence.

Digital subscribers get access to all of our award-winning journalism, including premium features, as well as exclusive events, newsletters, webinars and the cryptic crossword. Click here to find out how to join them and receive a 40% discount on our annual rate..

Related stories

Advertising

Subscribers only

Seven years’ radio silence for taxpayer-funded Rhythm FM

Almost R50-million of taxpayers’ money has been invested but the station is yet to broadcast a single show

Q&A Sessions: Zanele Mbuyisa — For the love of people-centred...

She’s worked on one of the biggest class-action cases in South Africa and she’s taken on Uber: Zanele Mbuyisa speaks to Athandiwe Saba about advocating for the underrepresented, getting ‘old’ and transformation in the law fraternity

More top stories

ANC confirms it will oppose Magashule’s court application

The ruling party has briefed senior counsel Wim Trengove to head the team that will contest Magashule’s bid to fight his suspension and oust Ramaphosa instead

Magashule defies suspension order and KZN leaders’ advice that he...

A strategy by the KwaZulu-Natal ANC to control the narrative coming out of former president Zuma’s court appearance for arms deal corruption and fraud was thwarted

Landmark Deadly Air case: 10 000 deaths annually can be...

There is no legal mechanism in place to implement and enforce measures to prevent toxic air pollution in the Highveld

No masks. No Covid. But problems do abound

With no cases of Covid-19, a Zimbabwe informal settlement’s residents are more concerned about making ends meet – and their imminent eviction
Advertising

press releases

Loading latest Press Releases…
×