McBride co-accused in bid to stop disciplinary proceedings

2016-06-21 22:14
FILE: Suspended Ipid boss Robert McBride in the Pretoria Magistrate's Court. (Mpho Raborife, News24)

FILE: Suspended Ipid boss Robert McBride in the Pretoria Magistrate's Court. (Mpho Raborife, News24)

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Johannesburg - Suspended IPID director of investigations Matthews Sesoko has asked the Labour Court to halt disciplinary proceedings against him.

Sesoko is currently facing charges of fraud and defeating the ends of justice relating to a report on former Hawks boss Anwa Dramat's alleged role in the illegal deportation of Zimbabweans in 2010.

His co-accused are suspended Independent Police Investigative Directorate (IPID) head Robert McBride, and former Limpopo head Innocent Khuba.

Sesoko wants the Labour Court to halt his disciplinary proceedings, set down for June 21 to 24, pending the outcome of an application he brought to the High Court in Pretoria.  

IPID spokesperson Robbie Raburabu said the organisation would oppose the application. 

The court heard the matter on Tuesday, and proceedings were postponed to Thursday. 

Sesoko wants the High Court to find that Section 6(4) of the IPID Act is unconstitutional. If so, the appointment of acting IPID head Israel Kgamanyane should be set aside. Kgamanyane was appointed in terms of Section 6(4). 

McBride allegedly changed an IPID report implicating Dramat, in order to protect him. Sesoko signed off on the final report. 

Dramat resigned in April last year. He was suspended on December 23, 2014. 

Charges identical

Gauteng Hawks boss Shadrack Sibiya was fired in September last year, after being found guilty of gross misconduct in a disciplinary inquiry into the renditions.

Police Minister Nathi Nhleko suspended McBride for his alleged involvement in the matter. McBride took Nhleko to the High Court to challenge his powers to suspend an IPID head.

The matter was argued in the Constitutional Court in May. Nhleko conceded that the provisions in law which allowed him to suspend McBride were unconstitutional. He, however, still wanted his decision to stand. 

McBride wanted the Constitutional Court to give Parliament 30 days to decide whether it wanted to institute a disciplinary hearing against him.

If the Constitutional Court handed down the order and Parliament failed to make a decision within 30 days, he would be back in his job.

Sesoko argued that the IPID's charges against him were identical to those which McBride was facing. 

"I submit that, but for McBride's unlawful suspension, Kgamanyane would not have been appointed as the acting executive director and therefore he would have no opportunity to suspend and/or take disciplinary action against me," Sesoko said in his high court affidavit. 

Read more on:    ipid  |  shadrack sibiya  |  anwa dramat  |  robert mcbride

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