"The findings are factually incorrect and legally unsustainable. The findings have serious implications on the enforcement of discipline in the NPA and will elevate insubordination, disobedience and unethical conduct into acceptable practice in the workplace, something which goes against employment law in our constitutional state," the NPA's acting senior manager of communications, Nomilo Mpondo, said on Tuesday.
Breytenbach, who was suspended in April last year, was acquitted on all 15 charges against her on Monday.
The disciplinary hearing's chairperson, Selby Mbenenge, found Breytenbach not guilty, saying there was insufficient evidence to prove that her involvement had any bearing on the outcome of the mining rights case in Kimberly.
She was accused of improper conduct in the mineral rights court dispute between Imperial Crown Trading and Kumba Iron Ore. Her charges also included bringing the NPA into disrepute after she was accused of leaking information to the media.
However, Breytenbach refuted the allegations, saying she was suspended because she wanted to prosecute the then Crime Intelligence head Richard Mdluli.
Mpondo said they would ask the court to review and set aside the findings and replace them with a finding of "guilty" against Breytenbach.
"In these circumstances, the court process should be respected and allowed to take its course," added Mpondo.
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