Breytenbach's boss speaks out on Mdluli saga

Lawrence Mrwebi says there was a big misunderstanding on how Richard Mdluli was to be prosecuted.

Suspended National Prosecuting Authority prosecutor Glynnis Breytenbach. Picture: Werner Beukes/SAPA

SILVERTON - The head of the National Prosecuting Authority (NPA)'s Specialised Commercial Crimes Unit, Lawrence Mrwebi, on Friday spoke out for the first time about his decision to withdraw fraud charges against controversial policeman Richard Mdluli.

In a surprise move earlier this morning, the NPA called Mrwebi to testify against Breytenbach in her disciplinary hearing in Silverton, Pretoria.

The NPA suspended the senior prosecutor in April for her handled a mining rights case involving Shisen/Kumba and Imperial Crown Trading.

Breytenbach insists her bosses, Mrwebi and acting National Director of Public Prosecutions (NDPP) Nomgcobo Jiba, colluded to stop her from prosecuting Mdluli.

Mrwebi said in December 2011, he and Breytenbach agreed charges against Mdluli would be provisionally withdrawn to allow loopholes in the case to be closed.

"Once the investigation and the matter was closed and complete, without reference to me, we would re-enroll and proceed with the matter. That was the decision."

He said he expected the matter to be re-enrolled and was insulted when he received a letter from the Inspector General of Intelligence, advocate Faith Radebe, instructing him to reinstate the charges.

"I felt insulted when they came with a letter from the inspector saying this is what we should do."

Mrwebi said he played no role in Breytenbach's suspension.

Earlier, he gave evidence about NPA policies that governs its prosecutors.

"Every decision that is necessary for the prosecutor to take must comply with impartiality, objectivity and independence."

Earlier in the week, Breytenbach was also accused of acting improperly and of being biased.