IN A victory for suspended Independent Police Investigative Directorate head Robert McBride‚ the Constitutional Court on Tuesday found that the current provisions of the Ipid Act undermined the directorate’s constitutionally guaranteed independence.It set aside the minister’s decision to suspend and take disciplinary action against McBride.However‚ this order was suspended for 30 days so that the process could be restarted with the necessary parliamentary oversight.The court ruled in an application for confirmation of an earlier order made by the High Court in Pretoria in December.In that judgment‚ the court declared the provisions of the Ipid Act to be invalid because it allowed the minister of police to suspend and remove the Ipid head.This did not adequately safeguard Ipid’s institutional independence‚ said Judge Fayeeza Kathree-Setiloane in December.McBride was suspended in March last year on allegations that he had covered up the alleged involvement of senior Hawks officials in...
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