Parliament - Parliament has until Tuesday to start a process to remove Independent Police Investigative Directorate (Ipid) boss Robert McBride after the Constitutional Court set aside his suspension last month.
Speaker of Parliament Baleka Mbete announced on Thursday that Police Minister Nathi Nhleko had written to her asking the National Assembly to mandate the portfolio committee on police to initiate a process to remove McBride, as contemplated in a Constitutional Court judgment of September 6.
That judgment, which set aside Nhleko’s suspension of McBride and the disciplinary process started by the minister, gave him and Parliament 30 days in which to begin such a process, should they wish to do so.
Mbete said in Parliament’s announcements document that Nhleko had asked in a letter dated September 7 that the committee be given the task in line with the judgment.
While Mbete’s announcement said she referred the matter to the committee for consideration, chairperson Francois Beukman said it could consider the minister’s request only after it had been referred to the committee by a resolution of the National Assembly.
Given that 30 working days since the judgment will have passed on Tuesday, this means a resolution will have to be taken then, failing which McBride would be able to return to his post.
However, should the committee begin an inquiry as requested by Nhleko, he would be able to re-suspend McBride, after the judgment said this could be done only once a committee of Parliament had begun a process for the Ipid head’s removal.
This was in order to protect the directorate’s constitutionally guaranteed independence by giving Parliament an oversight role in the Ipid head’s suspension and removal.
The court found the minister’s power to unilaterally suspend and remove the head of the police watchdog as contained in the Ipid Act to be constitutionally invalid.
“The manner in which the minister dealt with Mr McBride demonstrates, without doubt, how invasive the minister’s powers are,” the court said.
“What exacerbates the situation is that he acted unilaterally. This destroys the very confidence which the public should have that Ipid will be able, without undue political interference, to investigate complaints against the police fearlessly and without favour or bias.”
Nhleko alleges that McBride doctored an Ipid report on an investigation into the alleged illegal rendition of Zimbabweans in order to exonerate the then head of the Hawks, Anwa Dramat.
Dramat resigned after Nhleko suspended him despite the Constitutional Court also having found the minister's power to remove the head of the Hawks to be constitutionally invalid.
Dramat and Gauteng Hawks boss Shadrack Sibiya have since been charged.
Should the portfolio committee on police find McBride committed misconduct - one of the grounds on which he may be removed - it may recommend his removal, but this would have to be endorsed by a two-thirds majority in the National Assembly.
Political Bureau