McBride set to apply for urgent interdict against his suspension

It’s understood Robert McBride will argue Minister Nathi Nhleko's conduct is unlawful and unconstitutional.

FILE: Robert McBride. Picture: Sapa.

JOHANNEBSURG - Eyewitness News has learnt that Independent Investigative Police Directorate (Ipid) head Robert McBride will approach the High Court in Pretoria on Friday morning to interdict Police Minister Nathi Nhleko from suspending him.

It's understood McBride will argue that Nhleko's conduct is unlawful and unconstitutional and infringes on the independence of the watchdog body.

This is the latest development in the ongoing battle in the Hawks case related to the rendition of five Zimbabwe prisoners in 2010.

Hawks generals Anwa Dramat and Shadrack Sibiya are both suspended for their alleged involvement in the crime.

The existence of two apparent conflicting reports, one implicating and another clearing the pair, has caused tension between Ipid and police bosses.

EWN understands that Nhleko served McBride with a letter two days ago, asking him to explain why he should not be suspended.

McBride had also been asked to explain the existence of two reports that make vastly different recommendations to the NPA.

But Ipid confirmed this week that it submitted only one investigation report which has cleared Dramat and Sibiya of their involvement in the Zimbabwean rendition.

The directorate said any other report prior to that was nothing more than a progress report and had no legal standing.

Ipid said it delivered copies of the Zimbabwean rendition docket to the National Director of Public Prosecutions Mxolisi Nxasana and Police Minister Nhleko.

The directorate's Moses Dlamini said it worried if acting Hawks boss Mthandazo Ntlemeza was, in fact, in possession of this file.

"Unless there is a valid reason for the acting head to be in possession of the docket, Ipid may consider launching an investigation to determine how that came about."

Ntlemeza did not respond to a request for him to explain how he obtained the docket.