tional Prosecuting Authority advocate Glynnis Breytenbach will continue in Pretoria, on Wednesday.

Breytenbach was suspended last year. The NPA said it was because of her handling of criminal fraud and forgery complaints laid by Imperial Crown Trading (ICT) and Kumba Iron Ore over mineral rights to Kumba’s Sishen mine in the Northern Cape.

She contends it was for her wishing to go ahead with the prosecution of former crime intelligence boss Lt-Gen Richard Mdluli.

NPA director of prosecutions Lawrence Mrwebi spent Tuesday defending a decision to provisionally withdraw charges against Mdluli.

He also had to explain his contention that Breytenbach may be guilty of defeating the ends of justice in a mining dispute probe.

Under cross-examination by Breytenbach’s advocate Wim Trengove SC, Mrwebi had to explain what he based his decisions on.

He was asked about his testimony at a meeting on December 5, 2011, when he met the director of public prosecutions for North Gauteng, Sibongile Mzinyathi.

When Mrwebi said he believed this was a consultation on whether the case file was problematic and if the investigation should be stopped, the hearing digressed into debate on whether consultation also meant a decision and whether agreement had been reached.

Mrwebi said he believed there had been “50/50 agreement” with Mzinyathi.

“We agreed on the problems, not on stopping the prosecution,” he said.

Sapa