McBride moves to have suspension declared unlawful and invalid

Robert McBride is reportedly relying on the same reasons argued in his previous application.

FILE: Robert McBride. Picture: Supplied.

JOHANNESBURG - Eyewitness News on Thursday learnt that Robert McBride will again approach the High Court to challenge Police Minister Nathi Nhleko, this time to have his suspension declared unlawful and invalid.

McBride first approached the High Court in Pretoria last month to interdict the minister from suspending him but the matter was struck off the roll.

The Independent Police Investigative Directorate (Ipid) head was relieved of his duties as a private law firm investigates the existence of two reports into the rendition of five Zimbabwean prisoners in 2010.

Nhleko accused McBride of interfering in the process in an effort to clear two senior Hawks bosses of their involvement in the crime.

McBride is reportedly relying on the same reasons argued in his previous application that the police minister's powers were unconstitutional, that Nhleko has an ulterior motive and that his decision was irrational and unreasonable.

Nhleko partly suspended McBride for disallowing Werksmans Attorneys to interview an Ipid investigator, stating it constituted interference in the investigation.

McBride argued that his legitimate concerns over the legality of the private firm's probe could not be distorted into evidence of intention to act improperly.

He further argued that the minister's powers to unilaterally suspend or remove the directorate's head, posed substantial risk to the independence of the body.