The Helen Suzman Foundation has filed an application with the Constitutional Court to appeal an order of the Pretoria high court between the Independent Police Investigative Directorate executive director Robert McBride and police minister Bheki Cele.
“The agreement authorises a process by which the minister is permitted to make a ‘preliminary decision’ not to renew the term of office of the executive director of Ipid, which the portfolio committee then confirms or rejects,” the foundation said on Tuesday. “A decision by a political actor on such a renewal is therefore constitutionally invalid and a court order which gives effect to a process requiring such a decision is unconstitutional. This obviously has no bearing on the powers of the portfolio committee regarding the suspension or removal of the head of Ipid, which are set forth in the Ipid Act ,” the foundation said.
The independence of the Ipid head has been a hot political issue in recent years. In 2016, the Constitutional Court ruled that the police minister had no authority to dismiss the Ipid head without parliament instituting the necessary processes. This was after former police minister Nathi Nhleko moved to suspend McBride.
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