Days before her resignation last week, the National Director of Public Prosecutions, Mxolisi Nxasana, reportedly received a draft report outlining the allegations against Breytenbach, the Sunday Independent reported.
In the draft report, penned by the NPA’s integrity management unit, Breytenbach is accused of soliciting a loan of US1 million (R11m) from businessman Nathan Kirsh, the complainant in two linked cases she was prosecuting.
She was accused of accepting a R6.3m donation, also from Kirsh via the FW de Klerk Foundation, towards her legal fees in a labour dispute with the NPA, Sunday Independent reported.
According to the newspaper, the draft report found that the money accepted from Kirsh could be viewed as a kickback. She is also accused of failing to declare her personal relationships with Kirsh and advocate Andre Bezuidenhout over about a decade.
The NPA’s spokesman Nathi Mncube said he could not comment on the matter as Nxasana had not yet finished reading the “voluminous” report.
Breytenbach and her lawyer Gerhard Wagenaar told the newspaper that they could not comment on the draft report as Breytenbach had not yet received a copy of it.
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 has claimed that her suspension from the NPA was related to her opposition to a decision to withdraw fraud and corruption charges against former police crime intelligence head, Richard Mdluli.
On May 27, an NPA disciplinary hearing found her not guilty on all the charges.
Breytenbach was allowed to return to work, but on her return she found the NPA intended sending her to a different office.
In the Labour Court, Breytenbach unsuccessfully applied to have her transfer overturned. Last Wednesday her legal team filed a record on appeal in the Labour Appeal Court over her internal transfer.
Last Friday she formally resigned from the NPA.
Breytenbach was named in the Democratic Alliance’s Gauteng list for the National Assembly.
DA federal executive chairman James Selfe said last week that Breytenbach’s good understanding of the judiciary would make her a good candidate for the party’s justice portfolio.