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Mokotedi set to be charged - NPA

Johannesburg - Formal charges will be served on suspended NPA integrity management unit (IMU) head Prince Mokotedi on Thursday, the prosecuting authority said.

"Yes that is correct," said National Prosecuting Authority spokesperson Nathi Mncube.

"It will be served today through an arrangement with him."

Disciplinary charges

Mncube could not disclose what the charges were but The New Age reported they were disciplinary charges and for "bringing the NPA into disrepute".

"You know I cannot give you the details because he has to know first before everyone else does."

Mncube confirmed to Sapa that Mokotedi had not yet resigned despite his publicly stated intention to do so.

"No, he has not resigned. He publicly went on radio and spoke of his imminent resignation, but he has not submitted a letter of resignation."

Last week, it was reported that Mokotedi told the NPA he intended resigning on 1 August.

Suspension

In June, Mokotedi was suspended after a document on former prosecutor Glynnis Breytenbach was leaked to the media. Mokotedi has denied leaking it.

A day before his suspension, The Star carried a report on the IMU document which recommended that Breytenbach be criminally charged for corruption, misconduct, conflict of interest, fraud, and racketeering.

In the unit's report, Breytenbach is accused of soliciting a loan of $1m (about R11m) from businessman Nathan Kirsh, a complainant in two cases she was prosecuting.

Breytenbach is also accused of accepting a R6.3m donation from Kirsh through the FW de Klerk Foundation towards legal fees in her labour dispute with the NPA.

In April 2012, Breytenbach was suspended from the NPA and later faced a lengthy disciplinary hearing on 15 charges, which included failing to act impartially while investigating the Kumba Iron Ore Sishen and Imperial Crown Trading mining rights issue.

She was accused of "improper relations" with Sishen's lawyer Mike Hellens. Breytenbach countered that this was related to her opposition to a decision to withdraw fraud and corruption charges against former police crime intelligence head Richard Mdluli.

In May last year, a NPA disciplinary hearing found her not guilty on all the charges and she was allowed to return to work, only to find she was to be transferred.

In the Labour Court, Breytenbach unsuccessfully applied to have her transfer overturned. Breytenbach left the NPA to join the Democratic Alliance as an MP.

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