Nhleko's 2nd request for McBride inquiry is premature - DA

2016-11-25 19:03
Robert Mcbride (File, Netwerk24)

Robert Mcbride (File, Netwerk24)

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Cape Town – Police Minister Nathi Nhleko is telling Parliament when to jump and how high, with his second request for an inquiry into the IPID head, the DA believes.

The minister has sent yet another letter to Parliament asking Speaker Baleka Mbete to establish an inquiry into Independent Police Investigative Directorate head Robert McBride’s fitness to hold office.

The call for the inquiry was contained in a letter from Nhleko to Mbete, published on Friday.

"Once this process has commenced, I will be in a position to suspend him for the alleged misconduct and the prosecutor will be in a position to reinstate the criminal charges against him," Nhleko said in his letter to the speaker.

He called for the process to start as "soon as possible". 

DA MP Zakhele Mbhele said Nhleko's request may be premature, and jumping the gun in terms of fair and just procedure.

"The Minister writes in his letter as if it is a foregone conclusion that McBride should be suspended, his mind is made up on the underlying assumption of guilt and thus Parliament should just rubber-stamp his determination," Mbhele said.

They would not allow Parliament to be undermined by the minister, he said.

"[He's] thinking that this matter is a question of him simply telling the legislature when and how high to jump."

Nhleko was actually requesting the initiation of removal proceedings based on sections 17DA(3) to 17DA(5) of the SAPS Act, the DA said.

A parliamentary inquiry, based on National Assembly rules, would be a more appropriate step, Mbhele said.

Subsections 17DA(3) to 17DA(7) of the South African Police Services Act says the IPID head may be removed from office on the grounds of misconduct, incapacity or incompetence on a finding to that effect by a committee of the National Assembly.

Or he can be removed through the adoption of a resolution by the National Assembly calling for the removal of that person. The resolution, however, would need a two-thirds majority to pass.

The minister may suspend the national head of the directorate from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person, according to the act.   

Read more on:    da  |  ipid  |  nathi nhleko  |  robert mcbride

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