Questions about Adv Glynnis Breytenbach's suspension remain unanswered

The Democratic Alliance (DA) notes that the long threatened suspension of Specialised Commercial Crimes prosecutor Adv Glynnis Breytenbach has been put into effect. Some important questions relating to her suspension, however, remain unanswered (see City Press (online) report). 

When the National Prosecuting Authority (NPA) appeared before the Portfolio Committee on Justice on 17 April, the DA put two questions to the Acting National Director of Public Prosecutions, Adv Nomgcobo Jiba: 

Firstly, why, if the threatened suspension was not an attempt at intimidation, Adv Breytenbach was still at the SCCU when the suspension was threatened so many weeks ago? 

Secondly, how did the sequence of events leading to Breytenbachs' threatened suspension unfold? Was she told to drop the Mdluli fraud charge? Did she resist or refuse? Was she then threatened with suspension on the ICT/Kumba matter? Were the Mdluli charges dropped at the same time? 

At the time, Adv Jiba requested an opportunity to establish the sequence and to respond to us.

Adv Breytenbach's suspension today addresses our first question. 

The suspension has been widely interpreted as intimidation of a prosecutor who insists on doing her work without fear or favour and who resisted the dropping of fraud charges against crime intelligence boss Richard Mdluli - although the matter cited in the suspension notice is the Imperial Crown Trading/Kumba case. 

In response to the direct questions on whether there had been political instructions to drop both the fraud and the murder charges against Mdluli , and who, if anyone, in the NPA had ordered the dropping or provisional withdrawal, Adv Jiba assured us that there had never been any instructions or any political pressure. She added that it would be a sad day when prosecutorial decisions result from pressure. She said that she did not know where the link which is made in the media between the Mdluli fraud case and Adv Breytenbach's proposed suspension came from.

The Minister of Justice, Mr Jeff Radebe, likewise emphatically denied any personal role or knowledge of pressure on prosecutors at an appearance before the Portfolio Committee on Justice on 26 April. He said his understanding of his role is not to interfere and said that he had never asked anyone to do anything. He was also not aware of any other political pressure on the NPA. 

Establishing a clear sequence of events and the outcome of any challenge which Adv Breytenbach may bring to her suspension will hopefully bring clarity in a matter that potentially has the gravest conceivable consequences for the administration of justice. 

Statement issued by Dene Smuts MP, DA Shadow Minister of Justice and Constitutional Development, April 30 2012

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