WATCH: Breytenbach out on bail

Breytenbach as well as her co-accused, Gerhard Wagenaar were released on R10 000 bail each after a brief court appearance.

The pair has been charged with obstructing and defeating the ends of justice, relating to an investigation by the National Prosecuting Authority in 2012 against Breytenbach for misconduct. 

Breytenbach, who was the regional head of the NPA's specialised commercial crimes unit, was cleared by an internal hearing in 2013 after she was accused of wiping clean her laptop and shredded documents relevant to the internal investigation.

NPA spokesperson Luvuyo Mfaku said the evidence in the docket was only considered after a decision was taken to prosecute.

"It's not new evidence. The docket was opened with the police. I would not account as to their investigative methodology, how it took so long to be brought to the NPA for a decision. Once it was brought to the NPA for a decision, a decision was taken instantly," Mfaku said.

The matter was postponed to 16 March.

DA support

Outside court, a small group of DA members gathered in support of Breytenbach.

The main opposition said that Breytenbach would remain an MP until they see the charge sheet.

"What is it that they think they found that is new that are going to be charging her of that they couldn't find all these years. Now, as we are getting closer and closer to the elections, we see all these people within the DA that are being charged with a number of things," he said.

Edited by Suné du Toit