NPA acts against top prosecutor

SOUTH Africa's top commercial crimes prosecutor, Glynis Breytenbach, was suspended this week after several clashes with her bosses over dropping charges against politically well-connected individuals.

Today the Sunday Times can reveal that, in recent weeks, Breytenbach locked horns over the R2-billion Imperial Crown Trading (ICT)/Kumba fraud case and the prosecution of crime intelligence boss Richard Mdluli.

Hawks investigators say in court papers that those "suspected to be responsible" for the ICT fraud include Jagdish Parekh, a business partner of the powerful Gupta family, and Prudence "Gugu" Mtshali, a confidante of Deputy President Kgalema Mothlante.

In November, ICT's lawyers held meetings with former National Prosecuting Authority (NPA) boss Menzi Simelane to highlight what they claimed was an "abuse of power" by the prosecution team, including Breytenbach.

The NPA promptly hauled Breytenbach off the ICT case, but she refused to give up her other cases, saying she should either be fired or left alone.

Weeks later, on December 1, Simelane was removed from his position by the Supreme Court of Appeal, which ruled his appointment was "inconsistent with the constitution". President Jacob Zuma appointed Nomgcobo Jiba to act in Simelane's place, shortly after appointing Lawrence Mrwebi as Breytenbach's boss.

Like Simelane, Jiba and Mrwebi have a chequered history: both were suspended in 2008 over claims they tried to protect corrupt ex-police chief Jackie Selebi from arrest.

Late last year, Mrwebi had a confrontation with Breytenbach when he ordered her to drop the fraud case against Mdluli. Breytenbach insisted the charges should be tested in court.

On Wednesday, Breytenbach was given a "notice of intention to suspend" because, the notice said, she had "abused her power". She was given until tomorrow to provide reasons why this should not happen.

At the same time, the NPA decided to provisionally withdraw the charges against Mdluli.

Said an advocate who asked not to be named: "It's very peculiar that at the time she was suspended, the Mdluli charges are dropped without consulting her as the prosecutor."

NPA spokesman Mthunzi Mhaga said he could not "discuss" the reason for Breytenbach's suspension, but said it was "not related to Mdluli".

Breytenbach's attorney, Gerhard Wagenaar, would not comment on whether the Mdluli and ICT matters were core to the matter.

"Obviously, we're disputing what they say, and we will respond to their letter," he said.

It is understood that the NPA is pitching its case against Breytenbach on accusations levelled at her by ICT in court papers in November.

In those legal papers, ICT boss Phemelo Sehunelo and its directors accuse Breytenbach of "acting in cahoots" with Kumba's advocate, Mike Hellens, to victimise his company, while refusing to investigate Kumba.

Sehunelo says ICT raised Breytenbach's "irregular conduct" with Simelane and Hawks boss Anwa Dramat. He says that in court, "there was an unnaturally close relationship" between Breytenbach and Hellens's team and they were seen "huddled together in discussions".

Sehunelo says Breytenbach and the investigators do not view any Kumba bosses as suspects, "which demonstrates that they are not acting free from outside influences".

Legal experts rubbish this claim. Barry Roux, an advocate who said he had often acted in opposition to Breytenbach, said the argument that she is compromised because she talked to Kumba's lawyers is deeply flawed.

"As advocates, we act in many cases for a complainant and you liaise with the prosecution and help them understand the case. There's nothing funny or strange about that," he said.

Breytenbach's suspension will be a boon to white-collar criminals. Besides ICT, she led the prosecution of ponzi mastermind Barry Tannenbaum and construction firms that fiddled World Cup tenders.

In the ICT case, a title deed was stolen from Kumba's mining rights application for 21% of the Sishen mine, lodged at the Department of Minerals and Energy in 2009. That title deed was photocopied, with a white card placed over the official stamp in a crude attempt to hide its origin, and the copy added to ICT's successful application.