Breytenbach wants to return to work

After being found not guilty Glynnis Breytenbach wants to return to her post at the NPA.

Suspended National Prosecuting Authority prosecutor Glynnis Breytenbach is seen ahead of her disciplinary hearing in Pretoria on Wednesday 25, July 2012. Picture: Werner Beukes/SAPA

PRETORIA - Glynnis Breytenbach said on Monday, if she's allowed to, she'll return to her post at the National Prosecuting Authority (NPA).

Breytenbach was found not guilty on all 15 charges levelled against her in her disciplinary inquiry.

She was suspended in April last year for her handling of a mining rights case.

She insists it was to stop her prosecuting policeman Richard Mdluli.

Among the charges Chairperson, Advocate Selby Mbenenge, dismissed on Monday are those that she showed bias in the Imperial Crown Trading (ICT), Kumba mining rights case, that she was influenced by Kumba's legal representative, Advocate Mike Hellens and that she allowed him to try to turn an accused into a state witness.

Kumba is Sishen's parent company.

Mbenenge found there was no evidence to show she conspired with Hellens and Advocate Nazeer Cassim to turn Archie Luhlabo and found Breytenbach not guilty of violating the NPA's policy on the media regarding her laptop.

"In all the circumstances the guilt of the employee on this plethora of charges has not been proven. There is also no evidence upon which she could be found guilty on the alternative charge, which is in essence a duplication of the counts in the main charge. She's accordingly found not guilty in both the main and alternative charges."

Breytenbach said she was elated she has been vindicated. Her lawyer Gerhard Wagenaar spoke on her behalf.

"I am relieved the chairperson saw the lack of justification in the charges laid against me. The expense of defending myself against the unjustified attack upon me was outweighed by the personal humiliation and pure strength of will that it took to defend myself. I am, nevertheless, more than elated that I have been vindicated.

"If I am allowed to I will return to my post and continue to prosecute without fear, favour or prejudice as I have always done in the past. I intend, if allowed to, to take up the cases that I am dealing with. By this I mean all the cases I was dealing with upon my return to office."

Breytenbach hugged her legal team and immediately made several calls after the verdict.

It is now up to the NPA to decide whether she will be reinstated or not.

The chair has also ruled there was no evidence to contradict Breytenbach's argument that she was always in control of the case and didn't lose objectivity, despite sharing a friendly relationship with Hellens.

The dispute between Sishen and ICT started in 2009 when Sishen laid a complaint against ICT, claiming it had committed fraud in its push for prospecting rights.