HSF: 'Neither McBride nor Cele’s interpretation of law on Ipid head correct'
Ipid head Robert McBride has approached the High Court in Pretoria to review and set aside the police minister’s apparent decision not to renew his five-year contract.
PRETORIA - The Helen Suzman Foundation has filed an application to be admitted as a friend of the court in the latest legal tussle between Independent Police Investigative Directorate (Ipid) head Robert McBride and Police Minister Bheki Cele.
McBride has approached the High Court in Pretoria to review and set aside the minister’s apparent decision not to renew his five-year contract which terminates at the end of this month.
Cele insists that he has not made a decision and that he has referred the matter to Parliament’s police portfolio committee to decide on.
The Helen Suzman Foundation says in its court papers that neither Mcbride nor Cele’s interpretation of relevant legislation in relation to the Ipid head is correct.
The foundation argues that Cele’s claim that as minister he makes a preliminary decision which must be rejected or endorsed by Parliament is incorrect because it still places his office at the centre of the renewal process.
It goes further to say that even McBride’s interpretation, which relies on a parliamentary portfolio committee to decide the national director’s fate, is constitutionally unacceptable.
The foundation argues that the decision should rest with the National Assembly and not just a committee of that assembly.
The hearing is expected to place next week.
(Edited by Thapelo Lekabe)