Pretoria - The suspended Independent Police Investigative Directorate (IPID) head, Robert McBride, can return to work after Parliament missed the deadline for an inquiry into his alleged misconduct.
In September, the Constitutional Court set aside with costs the suspension of McBride by Minister Nathi Nhleko, when it ruled his suspension was both unlawful and unconstitutional. However, the order was suspended for 30 days to allow Parliament and the Minister to decide on the disciplinary steps against McBride.
The Minister then wrote a letter to the Speaker of the National Assembly requesting her to constitute a committee of the National Assembly or to authorise the Portfolio Committee on Police to initiate disciplinary proceedings against McBride on the grounds of misconduct in terms of section 6(6) of the IPID Act 1 of 2011.
The disciplinary proceedings, however, could not be done before the lapse of the end of the grace period granted by the Constitutional Court, which meant that the matter had to be scrapped off the police oversight committee’s agenda.
“Since Parliament has not taken a decision on the matter and the 30-day suspension period has automatically lapsed, [this effectively gives] McBride the right to return to his position as of 19 October 2016,” the Police Ministry said in a statement.
The ministry said Minister Nhleko has written a letter to McBride informing him that "in light of his conduct during his suspension and utterances he made about the Minister, it is clear that the employment relationship between them is irretrievably broken down”.
McBride was suspended in March 2015 over his alleged involvement in the illegal rendition of five Zimbabwean murder suspects. – SAnews.gov.za
