Breytenbach says there was strong case against Mdluli

The court has already ruled that Lawrence Mrwebi’s decision in the Richard Mdluli matter was unlawful, but the former head of Crime Intelligence has still not been prosecuted.

FILE: Former state prosecutor Glynnis Breytenbach. Picture: EWN.

PRETORIA - Former prosecutor Glynnis Breytenbach says despite her strong views and objections, Advocate Lawrence Mrwebi unilaterally withdrew the case against former head of Crime Intelligence Richard Mdluli.

Breytenbach made the submission on Tuesday at the Mokgoro Inquiry, which is investigating Mrwebi and Nomgcobo Jiba’s fitness to hold office.

Breytenbach has testified at the inquiry how Mrwebi and Jiba hounded her out of the organisation because she pursued the corruption case against Mdluli.

The court has already ruled that Mrwebi’s decision in the Mdluli matter was unlawful, but the former head of Crime Intelligence has still not been prosecuted.

Breytenbach says she and the deputy director of public prosecutions Sibongile Mzinyathi believed there was a strong case against Mdluli.

She was asked how she would have responded to Mdluli’s representations.

“My position would have certainly been that the matter cannot possibly be withdrawn. There’s a case to answer, there are absolutely no grounds to withdraw it and certainly not in representations and I don’t believe Sibongile [Mzinyathi] would have either. He was very firm in his view that there was the prima facie case, and that Mdluli had a case to answer,” says Breytenbach.

Evidence leader Advocate Nazreen Bawa read from a letter written by Mrwebi in which he defended his decision: “The National Prosecuting Authority took a principled and considerate decision on this matter without fear, favour or prejudice.”

Breytenbach responded by disagreeing with the content of the letter.

At the same time, Breytenbach says former National Director Mxolisi Nxasana sealed his fate when he asked to access the dockets of politically charged cases.

She says for pushing the Mdluli case, she was brought before an internal disciplinary inquiry and criminally charged and acquitted in both cases.

Breytenbach says when Nxasana was appointed, he inspired confidence, but she knew his days were numbered.

“He [Nxasana] asked for the Zuma docket, spy tapes docket and the Mdluli docket. As soon as that happened I knew that the pushback would be enormous and he stood no chance. And that even though he was going to give it his best shot, I thought that he would not survive and he did not.”

Nxasana stepped down in 2015.

WATCH: Breytenbach appears at Mokgoro Inquiry

(Edited by Zamangwane Shange)