McBride suspension ruled unlawful, unconstitutional by Concourt
The Constitutional Court on Tuesday declared the suspension of the head of the Independent Police Investigative Directorate (IPID), Robert McBride, unlawful and unconstitutional.
McBride turned to the highest court in the land in May this year, asking for it to have the North Gauteng High Court order - which found his suspension to be unlawful - confirmed.
McBride has challenged the Minister of Police's power to suspend him, arguing that IPID's independence was paramount.
McBride's suspension in March last year came in light of the so-called Zimbabwean rendition case dating back to 2010/2011.
Justice Chris Jafta said Police Minister Nathi Nhleko did not have the power to suspend McBride, or take disciplinary steps against him.
"The court emphasises the need to protect the directorate from undue influence or political pressure by ensuring that appropriate mechanisms for accountability and oversight are in place," he said.
#McBride #IPID Judgment being handed down.
— Jacaranda News (@JacaNews) September 6, 2016
MV pic.twitter.com/i6CDUSqpQd
Jafta said the process needs to be restarted with the necessary parliamentary oversight.
"Since both parties were amenable that the order setting aside the minister's decision be suspended for 30 days so the process can be restarted with the necessary parliamentary oversight in terms of the relevant provisions of the South African Police Act, the minister's decision to suspend Mr McBride is preserved for 30 days only," he said.