ConCourt set to hear Mcbride's suspension case today
Nathi Nhleko has conceded that the provisions he relied on to suspend McBride are unconstitutional.
PRETORIA - The Constitutional Court will today hear suspended Independent Police Investigative Directorate (Ipid) head Robert McBride's application, in a case dealing with his suspension, but also the independence of the police watchdog from its oversight ministry.
The High Court in Pretoria granted the application, which South Africa's apex court now has to confirm for it to be made law.
Police Minister Nathi Nhleko has conceded that the provisions he relied on to suspend McBride are unconstitutional but he is opposing parts of the court order which set aside McBride's suspension.
The Constitutional Court is expected to hear arguments about the process which should be followed to suspend and discipline McBride.
While Nhleko has conceded that the provisions he relied on are unconstitutional, he argues they must remain in effect in respect of McBride.
The suspended Ipid head is accused of fraud and defeating the ends of justice for allegedly altering a report to exonerate senior Hawks officials, an accusation he denies.
The court is also expected to re-affirm the independence of Ipid by confirming legal provisions which ensure greater security of tenure to the head of the organisation.
Eyewitness News understands McBride will also make an important announcement in relation to former and suspended employees of Ipid, the Hawks and the South African Revenue Service.