Business Day

Ipid not fully protected — McBride

- FRANNY RABKIN Law and Constituti­on Writer rabkinf@bdfm.co.za

THE laws regulating Ipid did not protect the police watchdog adequately from political interferen­ce, says its suspended head Robert McBride’s lawyers in court papers.

THE laws regulating the Independen­t Police Investigat­ive Directorat­e (Ipid) did not protect the police watchdog adequately from political interferen­ce, suspended Ipid head Robert McBride’s lawyers said in court papers filed before the Constituti­onal Court.

The court will have the final say on how far the Constituti­on goes in insulating the directorat­e — a crucial institutio­n in holding the state’s coercive power to account — from political interferen­ce.

Mr McBride was suspended in March last year on allegation­s that he had covered up the alleged involvemen­t of senior Hawks officials in the unlawful renditions of four Zimbabwean­s.

An initial Ipid report pointed the finger at the Hawks officers, but a second version appeared to exonerate them.

The rendition scandal led to the early exit of former Hawks head Anwa Dramat, with a negotiated package, and disciplina­ry processes against other officials including the Gauteng head of the elite investigat­ive unit, Shadrack Sibiya, who was fired.

In December last year, the High Court in Pretoria ruled that the laws that had allowed the minister to suspend and remove Mr McBride unilateral­ly were unconstitu­tional. However, the order was suspended until the country’s highest court had had its say.

In heads of argument, filed with the Constituti­onal Court last week, Mr McBride’s counsel, Steven Budlender, referred to two previous judgments on the Hawks.

Mr Budlender said Ipid should be at least as independen­t as the Hawks — since the Constituti­on expressly required Ipid to be independen­t while, with the Hawks, its independen­ce was only implied.

Both Ipid and the Hawks had a mandate to fight corruption within the state, he said. To discharge that mandate effectivel­y, both bodies had to be independen­t. And security of tenure for the head of a police watchdog was an essential condition of independen­ce, and was recognised all over the world.

Yet the Independen­t Police Investigat­ive Directorat­e Act allowed the minister to suspend and remove the Ipid head without any involvemen­t of Parliament.

The act did not contain sufficient safeguards to ensure the Ipid head could act independen­tly, he said. “It affords Parliament no role in this process whatsoever.”

A similar provision in the Hawks legislatio­n had been struck down by the Constituti­onal Court for exactly that reason, Mr Budlender said. Police Minister Nathi Nhleko had argued in an earlier submission that the Constituti­on had assigned political responsibi­lity for policing to the minister.

But Mr Budlender — again referring to the highest court’s previous judgments on the Hawks — said political accountabi­lity and institutio­nal independen­ce were not mutually exclusive.

The Constituti­on demanded adequate independen­ce — “insulation from a degree of management by political actors that threatens imminently to stifle the independen­t functionin­g” of the body.

The renditions investigat­ion was a “politicall­y charged” one. Special protective measures were required “to guard against such executive interferen­ce”, he said.

 ?? Picture: TREVOR SAMSON ?? CONTESTING: Independen­t Police Investigat­ive Directorat­e head Robert McBride was suspended in March last year on allegation­s of covering up alleged involvemen­t of senior Hawks officials in the unlawful renditions of four Zimbabwean­s.
Picture: TREVOR SAMSON CONTESTING: Independen­t Police Investigat­ive Directorat­e head Robert McBride was suspended in March last year on allegation­s of covering up alleged involvemen­t of senior Hawks officials in the unlawful renditions of four Zimbabwean­s.

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