They want to silence us – McBride
Publish date: 18 May 2016
Issue Number: 3992
Diary: Legalbrief Today
Category: Constitutional
Lawyers for Independent Police Investigative Directorate (Ipid) head Robert McBride – who claims there is a conspiracy to silence him and others (see report below) – and Police Minister Nathi Nhleko agreed yesterday that Nhleko’s decision to suspend and institute disciplinary proceedings against McBride was invalid. However‚ according to a TimesLIVE report, the difference arose from an order proposed by the Minister that the decision to suspend and discipline McBride should not be set aside. The Constitutional Court was hearing an application for confirmation of High Court orders in December last year that declared certain provisions of the Ipid Act and the Regulations for the Operation of the Ipid inconsistent with the Constitution and invalid‚ to the extent that they purported to authorise the Minister to suspend‚ take any disciplinary steps after the suspension‚ or to remove from office the executive director of Ipid. Chief Justice Mogoeng Mogoeng asked Tembeka Ngcukaitobi, counsel for the Minister, why he was asking for this order. ‘The danger is the return of McBride to his position. The real risk is impunity‚’ Ngcukaitobi said. The court reserved judgment.