CONSTITUTIONAL COMMENTARY AND EVENTS

The Centre for Constitutional Rights (CFCR) welcomes the ruling by a National Prosecuting Authority (NPA) disciplinary hearing which cleared senior prosecutor, Adv Glynnis Breytenbach, of any wrongdoing.

In handing down his ruling in relation to charges brought against Breytenbach by the NPA, the chairperson of the disciplinary hearing, Adv Selby Mbenenge SC, stated that “the guilt of the employee [Breytenbach] on this plethora of charges has not been proven and she can therefore not be found guilty”. Earlier this week, the NPA fastidiously explained in an unrelated media statement how and when it will prosecute someone -­ and when not. According to the NPA, “the existence or lack of evidence plays a critical role in the final decision”. The same criteria were apparently not applied when the NPA brought disciplinary charges against Breytenbach. In relation to the primary charge of failing to act impartially whilst investigating a matter involving a mining rights dispute between Kumba Iron Ore and Imperial Crown Trading, Mbenenge found that there was not “an iota of evidence” that Breytenbach acted improperly. Why then did the NPA continue with disciplinary measures against her with conviction?