Police minister does not want suspension of McBride to be set aside

17 May 2016 - 17:13 By Ernest Mabuza

Lawyers for Independent Police Investigative Directorate (IPID) head Robert McBride and Police Minister Nathi Nhleko agreed on Tuesday that Nhleko’s decision to suspend and institute disciplinary proceedings against McBride was invalid. However‚ the difference arose from an order proposed by the minister that the decision to suspend and discipline McBride should not be set aside.‘Sinister forces’ trying to undermine him‚ McBride claimsThe Constitutional Court on Tuesday heard an application for confirmation of high court orders passed in December last year.The orders declared certain provisions of the IPID Act and the Regulations for the Operation of the IPID inconsistent with the Constitution and invalid‚ to the extent that they purported to authorise the police minister to suspend‚ take any disciplinary steps after the suspension‚ or to remove from office the executive director of IPID.McBride was suspended last March on allegations that he had covered up alleged involvement by senior Hawks officials in the unlawful renditions of four Zimbabweans.McBride denied the claims against him and challenged his suspension.McBride said the Constitution did not allow Police Minister Nathi Nhleko to suspend or discipline him unilaterally without affording Parliament any role in this process.In its proposed order filed with the court on Monday‚ the police minister asked the court to declare that the relevant Portfolio Committee of the National Assembly was deemed to be seized with the disciplinary proceedings already instituted against McBride.In its judgment last year‚ the high court suspended the order that the minister’s decision to suspend McBride invalid for 30 days in order for the National Assembly and the minister to exercise their powers.The minister said this order failed to provide certainty as there was no mechanism in place for Parliamentary intervention.Chief Justice Mogoeng Mogoeng asked counsel for the minister Tembeka Ngcukaitobi why he was asking for this order.“The danger is the return of McBride to his position. The real risk is impunity‚” Ngcukaitobi said. The court reserved judgment...

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