Breytenbach application to be reinstated dismissed

NPA prosecutor Glynnis Breytenbach's application to be reinstated in her job was dismissed by the Labour Court in Johannesburg on Friday.

"The application was dismissed," Breytenbach said after proceedings. She declined to comment further.

According to the judgment Breytenbach indicated her intention to refer the dispute to the bargaining council in an "alternative prayer for interim relief".

"That is the appropriate forum for the dispute to be heard."

The urgent application was for her to get her job back as regional head of the National Prosecuting Authority's specialised commercial crime unit in Pretoria.

After the ruling Breytenbach's lawyer Gerhard Wagenaar said they still needed to study the judgment, but they intended to apply for leave to appeal.

When asked how his client felt about the judgment Wagenaar said: "Well I haven't spoken to her about the judgment because judgement was just handed down, but obviously she is devastated.

"It appears to be the court is of the view that this court does not have jurisdiction to entertain the application."

He said if leave to appeal was also dismissed they might launch a petition to a higher forum.

If the dismissal was on constitutional grounds they would consider approaching the Constitutional Court directly, otherwise they would have to go to the Supreme Court of Appeal, he said.

Earlier in July Judge Hilary Rabkin-Naicker heard arguments from lawyers representing the NPA and Breytenbach.

Andrew Redding SC, for Breytenbach, submitted that her new job was not the same as the one she had before her suspension in April 2012.

"The position to which she has been transferred is in no way the equivalent of the position she used to hold," he said.

Redding described the NPA's conduct since Breytenbach's suspension as unusual.

"What began as an investigation into her conduct blew up into... a federal case against her," he told the court.

He contended that the prosecuting authority had done all it could to prevent her returning to her position from the day on which the NPA levelled allegations against her.

Redding submitted the NPA still considered Breytenbach suspended. He said this was based on letters between her lawyer and the NPA after she was cleared, at a disciplinary hearing, of all 15 charges against her on May 27.

The following day, the NPA announced it would bring a court challenge against the ruling because it considered the findings "factually incorrect and legally unsustainable".

The NPA wanted to place Breytenbach on special leave pending a review of the disciplinary hearing's findings. At a meeting held on Breytenbach's return to work, she was told there were allegations of misconduct against her.

"[The NPA]... is doing all it can do to prevent Ms Breytenbach from getting her hands on the docket of... [former police crime intelligence head Richard] Mdluli," Redding said.