The Constitutional Court has ruled Police Minister Nathi Nhleko’s decision to suspend Ipid head Robert McBride was unlawful and has set it aside.
The court ruled that Nhleko's decision and the legal provisions which empowered him to act unilaterally against the directorate’s head were unconstitutional, reports EWN's Barry Bateman.
They found that they offend the principal of Constitutionality; that they undermine the Constitutionally guaranteed independence of Ipid. Therefore the reliance on these particular provisions in law made the decision invalid.— Barry Bateman, EWN reporter
However, the suspension has been preserved for 30 days to allow for Parliament to decide whether to proceed with disciplinary action against him, Bateman explains.
In addition, Parliament has been given two years to amend the various provisions, including Ipid Act, Police Act as well as Ipid regulations.
Mcbride was suspended for allegedly altering an investigation report to clear senior Hawks officials.
Listen to the full conversation from The Midday Report with Stephen Grootes: