On Monday, the case had to be adjourned so prosecutor Raymond Mathenjwa could get a certificate from the National Director of Public Prosecutions authorising him to prosecute. He could not get hold of the director and the matter was postponed to Tuesday.

The magistrate indicated that failure to produce the certificate would result in the case being dead in the water.

Breytenbach and her former lawyer, Gerhard Wagenaar, are on trial on four charges of contravening the National Prosecuting Authority Act and two of defeating the ends of justice. Breytenbach faces two additional charges of fraud and perjury.

On Monday, Barry Roux, for Breytenbach, questioned if the State had the necessary authorisation to continue with her trial. He told the court that a paragraph in the charge sheet, relating to whether the State had permission from NDPP to prosecute, had been deleted.

The NPA claimed that, in 2012, Breytenbach shred papers and wiped clean her laptop while she was still the head of the organisation's specialised commercial crimes unit in Pretoria, in violation of the NPA Act.

Breytenbach was suspended from the NPA on April 30, 2012. She claimed this was done to stop her from prosecuting former police crime intelligence head, Richard Mdluli, on charges of fraud and corruption.

She challenged her suspension in the Labour Court and lost. On May 27, 2013, she was cleared of all 15 disciplinary charges the NPA had brought against her.

The charges included failing to act impartially while investigating a mining rights issue involving Kumba Iron Ore, Sishen, and Imperial Crown Trading.

After a 26-year career, Breytenbach resigned from the NPA in January 2014 to join the DA. She subsequently became an MP for the party.

- News 24.com