The application is aimed at stopping the National Prosecuting Authority (NPA) from removing her from her position as regional head of the specialised crimes unit in Pretoria.
"Investigating more charges against me smacks of a witch-hunt, where [the NPA] appears willing to do anything to prevent me from going back to my post and prosecutions I was handling," Breytenbach reportedly said in an affidavit in June.
In April 2012, Breytenbach was suspended and later faced a lengthy disciplinary hearing on 15 charges, which included failing to act impartially while investigating the Kumba/Iron Ore/Sishen and Imperial Crown Trading (ICT) mining rights issue.
She was accused of "improper relations" with Sishen's lawyer, Mike Hellens.
In June, Hellens said that he intended on suing the NPA and other parties for suggesting that he and prosecutor Glynnis Breytenbach had an affair. ICT, the company's lawyer Ronnie Mendelow, and its counsel Edmond Wessels were also in the firing line.
On May 27, an NPA disciplinary hearing found her not guilty on all the charges.
The following day, the NPA announced it would challenge the disciplinary hearing's ruling in court, because it considered the findings "factually incorrect and legally unsustainable".
Breytenbach was allowed to return to work, but on her return she found the NPA intended sending her to a different office. – Sapa