Cele under fire over McBride
Parliament’s police committee has endorsed the decision by police minister Bheki Cele not to renew Robert McBride’s contract as executive director of the Independent Police Investigative Directorate (Ipid).
However‚ DA MPs criticised the committee’s decision and boycotted the session during which the report was adopted. The party argued that its views on the matter were completely ignored.
“The fact is that there are no compelling‚ substantive reasons not to renew McBride’s contract‚” said DA MP Zakhele Mbhele.
“All that the minister gave to the committee in his submission of reasons were allegations that are‚ as yet‚ untested and unproved. Nor can anything else that has surfaced be assessed as being egregious enough to warrant non-renewal.”
Mbhele said what the saga had made clear was that the Ipid Act was defective in providing for a renewable term of the Ipid executive director.
“Given the need for the independence of the Ipid‚ identical to that for the Hawks‚ it is now clear that the term of the Ipid head should be similarly non-renewable and lengthened so that any incumbent can fulfil their responsibilities without fear of career consequences from a seemingly vindictive minister.”
In January‚ Cele wrote to McBride informing him that his contract would not be renewed or extended when it expired at the end of February. McBride then filed an urgent application‚ asking the high court in Pretoria to declare Cele’s decision to not renew his contract as “unconstitutional‚ unlawful and invalid”.
The court granted an interim order that stated the parties in the matter agreed that Cele’s decision was preliminary and that it must still be confirmed or rejected by the portfolio committee.
ANC members argued during deliberations that the relationship between Cele and McBride had clearly broken down. Various MPs also stated McBride does not have a legal right to an automatic extension or renewal of his contract.
This week‚ the Helen Suzman Foundation (HSF) filed an ap- plication with the Constitutional Court to appeal an order of the High Court in Pretoria between McBride and 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.
The foundation said in terms of the Ipid Act‚ the head of Ipid serves for a term of five years‚ which is renewable for one additional term – without mentioning who is required to make a decision on such renewal.
There are no compelling‚ substantive reasons not to renew McBride’s contract