EXCLUSIVE: Limpopo Ipid boss loses case against dismissal

2016-05-31 11:20
(File)

(File)

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Pretoria - Former Limpopo head of the Independent Police Investigative Directorate (Ipid) Innocent Khuba has lost his appeal against his dismissal from office for his alleged role in the rendition of Zimbabwean nationals.

"Innocent Khuba who is charged together with Robert McBride over Zimbabwean rendition matter lost his arbitration case against his dismissal from the employ of the Ipid," spokesperson Robbie Raburabu said.

"Khuba was the Provincial Head of Ipid Limpopo and he was dismissed last year. The award further stated that there is no order of cost to the matter and that the respondent which is the Ipid was not unfair in dismissing the applicant (Khuba).

McBride, Matthew Sesoko, and Khuba face charges of fraud and defeating the ends of justice following their investigation of former Hawks head Anwa Dramat.

Dramat was accused of being involved in the illegal rendition of five Zimbabwean nationals in 2010.

McBride allegedly changed an Ipid report implicating Dramat in the renditions in order to protect him.

'Gestapo wing' of the Hawks

The matter has been before court and McBride accused Police Minister Nathi Nhleko of approaching Khuba to implicate him and Sesoko in the matter. Earlier in the year McBride told reporters that there was interference in their case and the carrying out of their duties. 

"The fact that Mr Khuba was contacted by the minister himself is an indication of interference in Ipid processes, which should be independent.

"The fact that the investigation is conducted by a unit called Crimes Against the State is just to add gravitas and seriousness to a non-offence," he said at the time.

He said the Cats unit, which he called the "Gestapo wing" of the Hawks, made at least four attempts to get Khuba to implicate him and Sesoko.

McBride said they were being accused of changing an opinion about an investigation because they received new evidence which contradicted the original findings. He said the investigator would have had a case to answer had he failed to take the new evidence into account.

"The document which I signed, which was the investigation as recommended by Mr Khuba, I stand by it and I endorse it. It's a first time in the history of the country that investigators get charged for their opinion on a recommendation about a case. It is quite groundbreaking in a way," said McBride.

Serious acts of misconduct

In the awarding of the order, it was noted that the applicant was accorded a fair opportunity to make representations as to why his final written warning shouldn't be revoked and be replaced with a sanction of dismissal. He exercised that opportunity. Whether such opportunity was utilised effectively or not does not make his dismissal procedurally unfair.

The order further stated that the respondent was obliged to show that he considered the representations of the applicant in arriving at the decision to dismiss. The body said they considered the reasons given by Khuba for his actions and they were considered before reaching the decision to dismiss him.

"It is trite that dismissal sanction should be reserved for very serious acts of misconduct. The applicant's conduct is inherently a very serious misconduct and undoubtedly constitutes a breach of trust. I determine that the respondent successfully discharged the requisite onus, in terms of the Act, in order to prove that the misconduct committed by applicant warranted a dismissal."

"The destruction of trust in an employment relationship renders the continuation of employment intolerable. In the circumstances I cannot interfere with the sanction imposed by the respondent, as I do not consider it inappropriate," read the order.

Read more on:    police  |  ipid  |  hawks  |  robert mcbride

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