Prosecutor Glynnis Breytenbach will be transferred from the National Prosecuting Authority (NPA)’s Specialised Commercial Crimes Unit (SCCU) to the office of the National Director of Public Prosecutions (NDPP).

The latest move comes after Acting National Director for Public Prosecutions Nomgcobo Jiba, filed papers in the Labour Court seeking an order to have Breytenbach dismissed, despite her being acquitted of all 15 charges by the NPA disciplinary hearing three weeks ago.

A core charge against Breytenbach was failing to act impartially when investigating the Kumba Iron Ore/Sishen and Imperial Crown Trading mining rights issue.

On Wednesday, Jiba filed a motion of notice with the Labour Court. The acting NPDD is asking for a judicial review of its own disciplinary hearing which cleared Breytenbach. In its motion the NPA wants Breytenbach to be found guilty on 12 charges against her.

Jiba also want the matter to be referred back to the Chairperson of the Disciplinary Hearing , Selby Mbenenge SC, for what she calls an appropriate sentence.

Jiba contends that Mbenenge’s decision to clear Breytenbach was irrational and crossly unreasonable. She says Mbenenge ‘s decision was informed by material error of law.
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