Johannesburg – The disciplinary proceedings of suspended Independent Police Investigative Directorate (Ipid) boss Robert McBride were ordered to be put on hold by the Labour Court in Johannesburg on Friday.Judge Annelie Basson said the disciplinary, which started with side applications in June to have the matter stayed and has not dealt specifically with the complaints against him yet, was interdicted because of McBride’s pending challenge at the High Court in Pretoria on a Constitutional point.
Basson is expected to provide a copy of the order at noon to McBride’s attorneys. McBride was not present for the judgment.
She ordered that the respondent, Police MinisterNathi Nhleko, pay costs, including the cost of the two counsel.
Earlier this month, McBride brought an application for the stay of the proceedings pending the challenge, after he was suspended in March on accusations relating to a report on the alleged illegal arrest and extradition of five Zimbabweans.
He also challenged Nhleko’s appointment of the chairperson Advocate Phillip Mokoena SC, saying Cabinet should have done that.
Independence and fairness of Ipid
His lawyer Timothy Bruinders had argued that the Public Service Disciplinary Code which applies to all disciplinary proceedings, states that the employer must either chair the disciplinary, or a chairperson must be designated by Cabinet or the Provincial Executive Committee, and not just the police minister.
This is to ensure the independence and fairness of Ipid.
The outcome of suspended Gauteng Hawks boss Major General Shadrack Sibiya’s own disciplinary hearing, related to allegations that he was present when the Zimbabweans were allegedly illegally detained and deported to be handed to Zimbabwean police, is expected soon.
McBride was suspended in March reportedly because of a decision he took to clear former Hawks boss Anwa Dramat and Sibiya of allegations that they were involved in the rendition of the five.
McBride allegedly tampered with report
Before his actual suspension, McBride brought an urgent application to stop Nhleko from suspending him, but the High Court in Pretoria found that the application was not urgent and struck it off the roll.
In 2010, five men – including Witness Ndeya, Gordon Dube and Pritchard Tshuma – were allegedly illegally repatriated to Zimbabwe by the Hawks. Ndeya and Dube were allegedly murdered by Zimbabwean police.
In an initial report, Ipid found that Dramat and Sibiya were directly involved in the renditions.
According to a final report, compiled in March 2014, they were cleared because of additional evidence. One of the accusations against McBride is that he tampered with the report to clear Dramat.
The application on the Constitutional point is expected to be heard in August.
PH
