IPID Ruling: Third Constitutional Court ruling should see Nhleko’s resignation effective immediately
6 September 2016
The Constitutional Court’s ruling today declaring that the Minister of Police, Nathi Nhleko, acted outside his authority when he unilaterally suspended Executive Director, Robert McBride, without any due consultation with Parliament is a much welcomed development for the autonomy of the Independent Police Investigative Directorate (IPID).
This was not the first time but must be his last.
The Constitutional Court specifically determined, as the DA contended, that the Police Minister has absolutely no authority to summarily dismiss the Executive Director of the IPID without Parliament instituting the necessary processes. Minister Nhleko made clear at the eleventh hour of this protracted legal battle that he knew this but persisted in his vexatious pursuit of McBride. This can only be likened to a witch-hunt to rid himself of those who conduct investigations that are too sensitive and threaten the ANC’s patronage. In so doing Minister Nhleko has, no doubt, plundered millions of taxpayer rands on a fruitless political quest.
This would be the third such time that the Police Minister’s actions have been found to be “invalid” and this should see his immediate resignation. Failing which President Zuma should fire him immediately or face being complicit in the erosion of the Constitution and due process.
Indeed, Minister Nhleko was also ruled to have acted “unlawfully” by the Constitutional Court in the initial suspension of Hawks Head, Anwa Dramat, in December 2014. It was then, and still is our contention that the Minister is in contempt of the highest court in the land.
Add to this Minister Nhleko’s most notably embarrassing Nkandla report which was too the subject of a scathing indictment by the Constitutional Court and was found to be borne of irrationality and set aside as unlawful.
Today’s ruling on McBride’s suspension reaffirms that Minister Nhleko is not a fit and proper person to hold this position pursuant to section 96(2)(b) of the Constitution.
It is extraordinary that the Minister would go to these lengths to commit what the DA believes to be an unconstitutional and unjustifiable act, which has now been confirmed again as unlawful by South Africa’s apex court. It is clear that Minister Nhleko must have been instructed to get rid of McBride and Dramat at all costs.
This sort of capture and abuse of crime-fighting institutions is what we have come to expect from the ANC in government and the DA will fight tooth and nail to ensure that Minister Nhleko does not get away with this gross misconduct.
Issued by Zakhele Mbhele, DA Shadow Minister of Police, 6 September 2016
