NPA cannot refuse explanation to Parliament on threatened suspension of Arms Deal Prosecutor

The current leadership of the NPA should remember, before it contemplates suspending Adv. Glynnis Breytenbach, that it is accountable to Parliament under section 35 of the NPA Act on all its powers, functions and duties, including decisions regarding the institution of prosecutions. The Democratic Alliance (DA) will want answers regarding the suspension with which Adv. Breytenbach is threatened as well as the NPA's handling of the cases thought to have triggered the threat of suspension (see City Press report).

The cases thought to be at issue include fraud charges against Imperial Crown Trading (ICT). It is probable that the alleged fraud relates to the falsification of application documents submitted by politically connected ICT for prospecting rights. There were counterallegations at the time by the Department of Mineral Resources that Kumba submitted its application under fraudulent dates. Kumba was found by Judge Zondo to hold 100% of all mining and mineral rights. ICT's application documents included sections visibly copied from Kumba's application. 

The Sunday Times reported today that Adv. Menzi Simelane, in his last month in office before the Supreme Court of Appeal ruled his appointment invalid, met with ICT's lawyers and took Adv. Breytenbach off the case. It also quotes Hawks papers filed in court which identify associates of the Gupta family and of Deputy President Kgalema Mothlanthe as being "responsible" for the alleged fraud.

The cases at issue are also thought to include the provisional withdrawal of fraud and corruption charges against former crime intelligence head Richard Mdluli in December last year.

Adv Breytenbach is attached to the Special Commercial Crimes Unit. A second set of charges - for murder and attempted murder - against Mr Mdluli has just been withdrawn pending an inquest. The DA will want answers to the question as to why no prosecution of Mr Mdluli seems to be taken to conclusion.

South Africans are sick of corruption. Adv. Breytenbach strikes us as a highly effective prosecutor in the fight against corruption. However, if we have a National Prosecuting Authority that bends to politically connected pressure, then this fight will unfortunately be lost.

Statement issued by Dene Smuts MP, DA Shadow Minister of Justice and Constitutional Development, February 5 2012

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