Corporate & Commercial Law News South Africa

Top prosecutor Breytenbach is suspended by NPA

According to Times Live, South Africa's top commercial crimes prosecutor, Glynis Breytenbach, was suspended last week after several clashes with her bosses over their intention to drop charges against politically well-connected individuals. The Sunday Times revealed that, in recent weeks, Breytenbach and the NPA sparred over the R2-billion Imperial Crown Trading (ICT)/Kumba fraud case and the prosecution of crime intelligence boss Richard Mdluli.

In November, ICT's lawyers held meetings with former National Prosecuting Authority (NPA) boss Menzi Simelane over what they claimed was an "abuse of power" by the prosecution team, including Breytenbach, Times Live reports. The NPA promptly pulled Breytenbach off the ICT case, but she refused to give up her other cases, saying she should either be fired or left alone. On December 1, Simelane himself was removed from his position by the Supreme Court of Appeal, which ruled his appointment was "inconsistent with the constitution". Late last year, Lawrence Mrwebi - Breytenbach's recently appointed boss - 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. An advocate who asked not to be named commented: "It's very peculiar that at the time she was suspended, the Mdluli charges are dropped without consulting her as the prosecutor."

Read the full article on www.timeslive.co.za.

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