It was a coincidence, The scan showed "can brake light switch", so we changed the switch (parts from bm workshop), however the light didn't go away, scan came back can brake light switch, data on the ECU shows the brakes going on and off, however on the transmission computer shows them only on even when brakes are not engaged, hence the warning light, could be a faulty wire or something, after clearing codes on both original and new switch, light goes away and re appears 1 minute later, real strange.
Garage called Bmw dealer to investigate, they are currently having a look.