A Pretoria North Regional Court magistrate on Wednesday dismissed an application for the dismissal of two counts of charges against former prosecutor and Democratic Alliance (DA) MP Glynnis Breytenbach, and her former lawyer Gerhard Wagenaar.

National Prosecuting Authority (NPA) spokesperson Luvuyo Mfaku said the matter had been postponed to October 9, for the accused to present their case on all charges. Mfaku said the court only discharged the pair on two counts of obstructing or defeating the ends of justice - which relates to their refusal to hand over an official laptop computer to NPA officials, who were investigating acts of misconduct against Breytenbach.  

"The court dismissed their application for a discharge in respect of four counts of contravention of Section 40 A (2) of the National Prosecuting Authority Act 32 of 1998, which prohibits unauthorised access to and modification of official laptop computer contents. The accused allegedly shredded official and private data in the official computer in contravention of the said statute," Mfaku said.

Breytenbach was released on R10 000 bail on February 15, 2016.

The NPA claimed that Breytenbach shredded relevant papers and wiped clean her laptop while she was still the head of the organisation's specialised commercial crimes unit.

The NPA added that her lawyer, Wagenaar, had refused to hand over her laptop, which was believed to contain evidence related to the case.

Mfaku said their case was very strong and he believed they would get a conviction.

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.