HSF appeals High Court Order sanctioning unconstitutional renewal process for the Head of IPID
15 March 2021
The Helen Suzman Foundation (“HSF”) approached the Supreme Court of Appeal (“SCA”) to appeal an order made on 12 February 2019 by the Pretoria High Court. The appeal was heard on 6 November 2020. However, the hearing was adjourned and will resume today – 15 March 2021.
The focus of the appeal is the Pretoria High Court sanctioning an agreement (“the agreement”) between the Independent Police Investigative Directorate (“IPID”), Mr Robert McBride as the then Executive Director of IPID, the Minister of Police (“the Minister”) and the Portfolio Committee on Police.
In terms of the Independent Police Investigative Directorate Act (“IPID Act”), the Executive Director of IPID serves for a term of five years, renewable for one additional term. However, the IPID Act does not mention who is required to make a decision regarding renewal. The agreement sanctioned in the High Court order authorises a process by which the Minister is empowered to make a “preliminary decision” on the renewal of the term of office of the Executive Director of IPID, which the Portfolio Committee then confirms or rejects.
However, the Constitutional Court has on numerous occasions held that a political actor is not permitted to make a decision on the renewal of a term of office of an executive of an independent institution, such as IPID, as this is incompatible with the requirements of adequate independence.