NPA exposes evidence against Breytenbach

The NPA said it found emails in Glynnis Breytenbach's inbox - which proved she acted improperly.

Suspended Prosecutor Glynnis Breytenbach. Picture: Mandy Wiener/EWN.

SILVERTON - The National Prosecuting Authority (NPA) on Tuesday said it found emails in prosecutor Glynnis Breytenbach's inbox - which proved she acted improperly and unethically.

It also emerged the NPA laid a criminal case against her for destroying evidence on her official laptop and refusing to hand it over to investigators.

The prosecuting body on Tuesday called its first witness in the prosecutor's disciplinary hearing - a senior manager at the organisation's Integrity Management Unit.

Emails between Breytenbach and Kumba Iron Ore Limited's advocate Mike Hellens were laid bare at the hearing, as investigator Hercules Wasserman read them out.

He said they accessed the NPA's server after Breytenbach refused to hand over her work laptop.

"We were able to retrieve the actual e-mails, as well as the attachments to those e-mails".

Wasserman said he was extremely concerned to find draft affidavits for search and seizure warrants in the emails.

He said drafts were forwarded as affidavits to be submitted in criminal proceedings or form part of police case dockets.

He also insisted the NPA had proof the prosecutor destroyed some of the evidence.

The prosecutor is accused of favouring mine company Kumba Iron Ore Limited over politically connected Imperial Crown Trading (ICT) in a mining rights case and allowing Hellens to draw up statements on her behalf.

In April, she was suspended as head of the specialised Commercial Crimes Unit in Pretoria.

The NPA has claimed she was suspended because of her misconduct in the mining rights case and interference in probes into her actions during several of her other cases.

But Breytenbach believes she was suspended to prevent her from prosecuting former crime intelligence boss Richard Mdluli.

She was in charge of the fraud, corruption and murder cases against the lieutenant-general.

The NPA has disputed this.

The initial complaint against the prosecutor was filed by Ronnie Mendelow, an attorney for ICT.

Breytenbach will on Wednesday have to explain why she allegedly allowed Hellens to draft affidavits on her behalf when her disciplinary hearing resumes at the NPA's offices in Silverton, Pretoria.