Breytenbach applies to have suspension lifted

Suspended prosecutor Glynnis Breytenbach plans to go to the Labour Court to have her suspension lifted.

Suspended NPA prosecutor Glynnis Breytenbach. Picture: Supplied

JOHANNESBURG - The National Prosecuting Authority (NPA) was served with legal papers from suspended prosecutor Glynnis Breytenbach's lawyers, the authority confirmed on Saturday.

Advocate Breytenbach applied to the Labour Court to set aside her suspension from the prosecuting body, which was effected in April.

According to the NPA, she was suspended for conduct relating to cases she was responsible for.

Breytenbach was responsible for, among others, the fraud case against controversial policeman Richard Mdluli; but the NPA has denied there is a link between her suspension and Mdluli.

NPA spokesperson Mthunzi Mhaga said the prosecuting body has 10 days to respond to Breytenbach's legal representatives.

Meanwhile, the South African Police Service will submit an urgent interdict to the Johannesburg Labour Court on Saturday, to set aside Mduli's lifted suspension of Mdluli.

The court lifted Mdluli's latest suspension on Friday, after he made an appearance at a Pretoria court, challenging the decision by acting police commissioner Nhlanhla Mkhwanazi.

Mdluli's order was given in the absence of the police service.

The former crime intelligence boss was suspended for a second time last week, after allegations into a court inquest emerged, police said.

He was first suspended in 2011, pending the outcome of investigations into accusations of fraud, corruption and a decade-old murder.

In March, charges were withdrawn, and Mdluli was reinstated as head of crime intelligence.

But in May, Police Minister Nathi Mthethwa announced that Mdluli would be given a position in the office of the deputy national police commissioner for operations.

His lawyers also served the police with legal papers, and that matter will be heard on Monday.

Mdluli's lawyers argue that his recent suspension was unlawful because it was in connection with allegations previously withdrawn.

At the same time, constitutional organisation Freedom Under Law is taking Mdluli to court on Tuesday. It wants Mdluli to be stripped of his powers and responsibilities within the police service.