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Sat May 26 09:14:08 SAST 2012

NPA graft buster facing suspension

CHANDRÉ PRINCE | 03 February, 2012 00:51
NPA spokesperson Mthunzi Mhaga

A top corruption prosecutor has been informed of her imminent suspension in what many believe is a sinister ploy to remove her from a sensitive fraud investigation.

Deputy director of public prosecutions Glynnis Breytenbach was slapped with a warning letter by her bosses requesting that she provide reasons why they should not suspend her.

Breytenbach - who has been responsible for several high-profile fraud convictions - heads the Pretoria office of the NPA's Specialised Commercial Crimes Unit and is privy to sensitive matters currently being heard before the Specialised Commercial Crimes Court.

She was in Cape Town for the past few days consulting on a complex fraud case when the letter was delivered to her attorneys in Pretoria. She declined to comment.

The Times became aware of the impending action against Breytenbach on Tuesday and was reliably informed of similar action being planned against another senior official at the NPA's witness protection unit whose name is known to The Times.

The NPA has refused to comment on Breytenbach's imminent suspension, but The Times has learnt that it relates to an alleged "abuse of power in the Kumba Iron Ore case".

She has until Monday to make written submissions on why the NPA should not suspend her.

Breytenbach is highly regarded in NPA circles and has taken on some of the country's bigwigs.

She was responsible for the controversial arms deal probe and also headed the prosecution of alleged Ponzi scheme mastermind Barry Tannenbaum.

She worked on a corruption case involving Mineral Resources officials and business people involved in the Sishen mining rights transaction.

The Hawks last year raided the offices of a politically connected company, Imperial Crown Trading, and those of the Department of Minerals and Energy, in Kimberley.

This was after Kumba Iron Ore, an Anglo American subsidiary, opened a case of corruption against Imperial in connection with a mining-rights dispute affecting the lucrative Sishen iron ore mine.

In a separate but related civil case, the Pretoria High Court found in Kumba's favour in December, ruling that Imperial had no prospecting rights to the mine.

Breytenbach recently decided against prosecuting suspended crime intelligence boss Richard Mdluli. Many believe that decision was forced on her.

An NPA official said there have been allegations of abuse of power against prosecutors involved with high-profile cases, but the prosecutors would just be removed from the case.

"If you are loyal to the principles of prosecutions, you are bound to lose favour with those who have ulterior motives," said the official.

Citing the allegations of abuse of power levelled against Gerrie Nel when he prosecuted convicted druglord Glenn Agliotti, the official said such tactics were employed when "they want the court case to fail".

NPA spokesman Mthunzi Mhaga dismissed NPA officials' claims that Breytenbach was being persecuted for "not shutting up".

"We won't be drawn into commenting on insinuations.

"The suspension of advocate Glynnis Breytenbach is an internal matter, hence we are not at liberty to discuss it in the media,'' Mhaga said.

"All cases she was handling will be reassigned to other equally capable prosecutors within the NPA," he said.

Three NPA officials yesterday questioned the timing of Breytenbach's imminent suspension. They said it could be as a result of her reluctance to take political orders.

"This is very bizarre and we all know that, if you make too much noise in the NPA, or you are too close to the truth, you become a target," said a senior official.

One of the prosecutions Breytenbach is currently heading is a fraud case involving over R1-million in which her boss, Specialised Commercial Crimes head Lawrence Mrwebi, is due to testify.

Breytenbach and two other senior advocates are prosecutors in the case dating back to when Mrwebi - whom President Jacob Zuma appointed in November - was still head of the Scorpions in KwaZulu-Natal.

The matter was postponed on Monday to February 7 for a trial date.

Mrwebi has been subpoenaed to be a state witness against his former colleague, Malala Geophrey Ledwaba.

The case dates back to 2005 but had to be abandoned halfway though when the presiding magistrate was forced to recuse himself.

Ledwaba faces several charges of fraud committed between December 2003 and January 2005.

Some of the charges relate to Ledwaba allegedly siphoning off over R500000 from the Scorpions' "confidential fund" - a slush fund from which clandestine operations are run and informants paid.

In one transaction, Mrwebi authorised a R150000 payment from the fund in March 2004, allegedly acting on a request by Ledwaba. Mrwebi is to testify that he signed a memo authorising the payment but that he was under the impression that it was legitimate.

The Times has reliably learned that Mrwebi, before his appointment to the NPA, was on several occasions offered Section 204 status, which would safeguard him from prosecution.

Mrwebi is said to have declined the Section 204 offers, maintaining that he did not do anything wrong.

Mhaga has, however, denied that Mrwebi was offered a Section 204, instead saying that "there is no possibility of him being charged at any stage".

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ooooooooo

Posted 113 days ago
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The prosecuting authority is just a tool in Zuma's hand to assist him in his drive to steal the countries resources. He appointed loyal cadres in positions of power so that he can abuse the system at will. His son was involveved with the Sischen mining rights and this lady blew the lid off their scam to steal the mining rights. Therefore she must go. ANC logic.
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BornintheRSA

Posted 113 days ago
Could be true. If the ANC suspended every one of its members who abused their public office positions, then our public service would be free of cadres. At a minimum, this lady deserves equal treatment ie suspension on full pay until a lengthy investigation can be completed with the president applying his mind to the findings. Let's see if that holds true for a non-cadre.

l984

Posted 113 days ago
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In the eternal battle between good and evil it still remains unclear which one is more likely to prevail.

Articles such as this one make it seem that sadly in the end it might be evil.
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RedCoat

Posted 113 days ago
As sad as it makes me to say it, i have to agree.
1 step forward, 2 back it seems. A hard line will be taken on corruption (depending on who it is under investigation it seems)

muk1

Posted 113 days ago
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We don't trust government. Full Stop. So any decision taken against someone with credibility is questioned. They also tried the same with Thuli Madensola (pardon spelling).
I think that Zuma may have been the best ANC soldier; but the worst president. Simply no persona and savy that goes with the job; worst is his links to corruption.

King_Biko

Posted 113 days ago
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A long over due move I have said it before that this Deputy director of public prosecutions Glynnis Breytenbach is behaving like Jessica Fletcher of Murder She Wrote and a law onto her own self. We are not sure whose interests that she is serving and people who do not tow the line must be removed from the system if they do not follow the mandate of the executives. She still has the tendency of the Scorpions and still long for the heydays of behaving like a celebrity prosecuter!
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SuiGeneris

Posted 113 days ago
It would appear that you condone anything about the anc.....even corruption !
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l984

Posted 113 days ago

Does your comment mean that comrades are/should be above the law and should not be investigated or prosecuted?
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Scribbles

Posted 113 days ago
King_Biko said, "People who do not tow the line must be removed from the system if they do not follow the mandate of the executives."

So I take it that you feel strongly about removing many government officials and state board members? Congrats for finally admitting to the incompetence of a number of our ANC ministers/Board-Members and expressing your hope that they're removed. I'm so proud of you King_Biko! You're right, many of them are abusing their positions and not following their mandate.
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destroyer

Posted 113 days ago
"We are not sure whose interests that she is serving" ....... There's a very good chance that she is not serving anyone's interests and is simply doing her job, which is what all you useless ANC oxygen thieves should be doing.

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staren

Posted 112 days ago
"We are not sure whose interests that she is serving "

well hell, if you cant figure that out for yourself, then I doubt any of us can help you...
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shelatt

Posted 112 days ago
Let us all believe you are a plant for the Absolute National Corruption and are paid handsomely for your attempt at trying to make intelligent people think the corruption going on is actually a myth. You unfortunately are also influenced by the big black cars, the bodyguards and the rhetoric that those idiots spew out. Have a mind of your own and evolve....

SuiGeneris

Posted 113 days ago
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Breytenbach is busy investigating a case of fraud against Imperial Crown Trading, but was told to stop the investigation !!!!!

Zuma's son, ­Duduzane Zuma have connections with ICT !!!!

IS THAT THE REASON ????????
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ooooooooo

Posted 113 days ago
Why else ?

Sabz

Posted 113 days ago
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"Some animals are more equal than others" S A is becoming an animal farm

KhofuMoahloli

Posted 113 days ago
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You only have to remember who is the Acting NDPP in the place of Simelane, Nomgcobo Jiba - all from the same fold. She played the same dirty game against Gerrie Nel when he was stepping on corrupt politically connected toes. Now Breytenbach has crossed Zuma's son and the Gupta brothers by costing their ICT their fraudulently obtained mining licence. That is the pattern of appointments by Showerhead Zuma (and Radebe - he of Inyathi) - IF THE JUSTICE SYSTEM STANDS IN THE WAY OF CORRUPTION, CORRUPT THE JUSTICE SYSTEM ITSELF BY PACKING IT WITH CORRUPT DEPLOYEES ALA ANC.

Razzo

Posted 112 days ago
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Just a thought to those supporting the conspiracy:: What if Mz Brytenbach is really guilty?? just a thought............should we overlook her crime just because she fights corruption?? just a thought............
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SuiGeneris

Posted 112 days ago
Thoughts or assumptions never count......Only hard evidence !
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Scribbles

Posted 112 days ago
Just a thought *rimshot*, certainly not but this shouldn't stop people from questioning. The timely arrival of the letter certainly is worth pondering. Nothing wrong with a little healthy scepticism.

newshound

Posted 112 days ago
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Pikole all over again! We all know who the owners and directors of Imperial Crown Trading are...

bis-k'hallawaya

Posted 112 days ago
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.......and that's exactly why the ANC mafia wants to bulldoze a secrecy bill asap......The 'public' (aka ignorant and uneducated ANC fans) must be 'protected' against this kind of Media uncovering..................

King_Biko

Posted 112 days ago
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In real working and established democracies like the US and Britain they do have the secrecy bill that is even harsher than ours. To protect us from agents like the News of the World of Rupert Murdoch. Why is our media so afraid of the info-bill a bill that is meant to improve our country's security and national well being. To me this is just driven by paranoia by those who are coming from the paler section of our social discourse who do not have faith in African in general and blacks in particular leadership!
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ooooooooo

Posted 112 days ago
You have to admit that they have no faith based on good reason. The track record speak for itself.
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l984

Posted 112 days ago
"In real working and established democracies like the US and Britain they do have the secrecy bill that is even harsher than ours. "

Maybe they do. What they don't have is a ruling party with 2/3 majority married to power with all consequences and side effects.
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buddi

Posted 112 days ago
Maybe wer'e so paranoid because the present government hasn't exactly shown their clean governance side yet!
Till our president faces his corruption charges, and is proved innocent (and not on a technicality) we will forever doubt the anc. If the one on top is corrupt, then there is little hope that the rest will be called to order - as has been proven.
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shelatt

Posted 112 days ago
O save us lord....here we go with ANC mouthpiece...Any way of blocking this ignoramus from posting any more drivel on this site????

buddi

Posted 112 days ago
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Oh what a tangled web we weave. These cases are so complicated, with so much conniving, that just about everyone in the anc is involved.

JeanCampbell_Collen

Posted 112 days ago
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How can we imagine that there is still an independent judiciary if Glynnis Breytenbach is on the point of being suspended for doing a good job? The minute someone comes a step closer to revealing corruption of those with strong political connections, they are removed from office! Disgusting!
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ooooooooo

Posted 112 days ago
Trust me there is no independent judiciary in South Africa. Jacob Zuma made sure he took their independence away for ever.