NATIONAL ASSEMBLY

QUESTION FOR ORAL REPLY
QUESTION NO.: 39
DATE OF QUESTION: 21 FEBRUARY 2012

39. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:

Whether he has exercised or intends to exercise his final responsibility as set out in section 33 of the National Prosecuting Authority Act, Act 32 of 1998, with regard to the proposed suspension of a certain advocate (name furnished) of the Specialised Commercial Crimes Unit; if not, why not; if so, (a) when and (b) what are the further relevant details?

NO333E

Person referred to: Adv Glynnis Breytenbach

REPLY:-

I wish to inform the Honourable Member that  I have been informed that the matter is currently still subject to the internal disciplinary processes and procedures of the National Prosecuting Authority (NPA).  No decision to suspend the advocate has been taken.

It is also important to draw the Honourable Member's attention to the fact that section 33 of the National Prosecuting Authority Act, 1998 (Act 32 of 1998) (The NPA Act), should be read with sections 15 and 19 of the NPA Act in terms of which the appointment and conditions of service of Deputy Directors of Public Prosecutions are subject to the laws governing the public service. I may therefore be required to consider the matter in the future in terms of the Public Service Act of 1994 in my capacity as the Executive Authority. I am therefore  not in a position to divulge any details regarding this matter.

Issued by Parliament, March 5 2012

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