ConCourt rules in favour of Robert McBride

McBride was suspended for allegedly altering an investigation report to clear senior Hawks officials.

FILE: Robert McBride in court. Picture: Barry Bateman/EWN.

The Constitutional Court has ruled Police Minister Nathi Nhleko's decision to suspend Ipid head Robert McBride was unlawful and has set it aside.

However, the suspension has been preserved for 30 days to allow for Parliament to decide whether to proceed with disciplinary action against him.

The court also confirmed the High Court's ruling that the legal provisions which empower the minister to act unilaterally against the directorate's head are unconstitutional.

Parliament has been given two years to amend the various provisions.

The court also confirmed the High Court's ruling that the legal provisions which empower the minister to act unilaterally against the directorate's head are unconstitutional.

Parliament has been given two years to amend the various provisions.

Judge Chris Jafta referred to several provisions in the Ipid Act, Police Act as well as Ipid regulations.

"[These] are declared inconsistent with section 206/6 of the Constitution and shall not apply to the Executive Director of the Independent Police Investigative Directorate."

Jafta ruled that the decision to suspend McBride be set aside but has allowed time for Parliament to consider the matter.

"The order in paragraph four is suspended for 30 days in order for the National Assembly and the minister of police, if they so choose, to exercise their powers in terms of the provisions referred to in paragraph 3.1 above."

Jafta ruled that the decision to suspend McBride be set aside but has allowed time for Parliament to consider the matter.