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Johannesburg - Police Minister Nathi Nhleko’s fight with suspended Independent Police Investigative Directorate (Ipid) head Robert McBride has escalated after he wrote to McBride telling him he would be taking away his head of department allowance.
The head of department allowance is R10 000 a month and, according to the letter dated September 15, Nhleko wants McBride to pay back at least R60 000' worth of allowances he received since he was suspended on March 24.
“It has become apparent that suspending you with benefits was an error and in direct contravention of the stated provision in the Senior Management Service Handbook,” reads Nhleko’s letter, a copy of which was obtained by City Press.
The letter goes on to say that the amount would now be paid to acting Ipid head Israel Kgamanyane, who was appointed shortly after McBride’s suspension.
Nhleko’s spokesperson, Musa Zondi, declined to comment.
On Monday, judgment is expected in the Constitutional Court in a matter brought to the court by McBride, who is challenging Nhleko’s powers to suspend him and to interfere with the operations of Ipid.
In court papers, McBride accused Nhleko of having ulterior and improper motives as well as acting in bad faith, threatening Ipid’s independence, irrational and unreasonable decisions, blatant abuse of power and undermining public trust in the criminal justice system.
McBride argues that the provisions of the Ipid Act are unconstitutional because they allow the minister broad powers to suspend and dismiss him without Parliamentary oversight.
In the case before the Johannesburg Labour Court in July, McBride successfully interdicted Nhleko from continuing with his disciplinary hearing pending the outcome of his Constitutional Court challenge.
The relationship between McBride and Nhleko hit rock bottom after he was suspended for allegedly altering a report into the rendition of five Zimbabwean nationals.
Ipid’s final report cleared former Hawks head Anwa Dramat and former Gauteng Hawks boss Shadrack Sibiya of any wrongdoing related to the renditions. Sibiya’s disciplinary panel, however, found him guilty of participating in the planning of the renditions. Sibiya is challenging the ruling and is appealing his dismissal.
Ipid’s final renditions report, compiled shortly after McBride’s appointment, differed substantially with the draft report which found Dramat, Sibiya and Pretoria Hawks head Leslie Maluleke were involved in the renditions.
Nhleko accused McBride of shielding Dramat and Sibiya and appointed Sandton law firm Werksmans Attorneys to investigate his role in the compilation of the final report
