Labour Court grants interdict to Robert McBride

The court has ruled his disciplinary hearing can't go ahead until the matter is heard in the High Court.

FILE: Robert McBride in the High Court in Pretoria on 13 March 2015. Picture: Barry Bateman/EWN.

JOHANNESBURG - The Labour Court in Johannesburg has ruled in favour of suspended Independent Police Investigative Directorate (Ipid) boss Robert McBride, granting an interdict that will stop his disciplinary hearing from going ahead on Monday.

McBride faces several charges of misconduct for allegedly altering a report into the illegal rendition of five Zimbabweans in 2010.

He's challenging the constitutionality of the police minister's power to suspend him.

The Labour Court has ruled the disciplinary hearing cannot go ahead until that matter is heard in the High Court.

McBride's lawyer Jac Maree said that will happen in August.

"It could not be a process in terms of which the minister of police is able to act unilaterally and that's exactly what we have at the moment in the Ipid Act. The act gives the minister the power to suspend and to remove the Ipid head and it is that power that Mr McBride has challenged."

The suspended Ipid head said perceptions of a lack of independence were made worse by Nhleko publicly undermining Ipid's findings in the illegal renditions matter, and his obstruction of the organisation's independent conclusion of that matter.

McBride said when the main application was heard, the Helen Suzman Foundation intended making submissions on the constitutional requirements of adequate independence of a body such as Ipid.