DA MPs have criticised the committee’s non-renewal decision and boycotted the session during which the report was adopted
Robert McBride has filed an urgent court application to challenge the decision to not renew his contract as head of the police watchdog.
On numerous occasions, the Constitutional Court has held that a political actor is not permitted to make a decision on the renewal of a term of office of an executive of an independent institution, such as Ipid Mbhele said that what the saga has made clear is that the Ipid Act is defective in providing for a renewable term for the Ipid executive director.
ANC members argued during deliberations that the relationship between Cele and McBride have clearly broken down. Various MPs also stated that McBride does not have a legal right to an automatic extension or renewal of his contract. They said that, should he be interested in remaining in his position, he should apply when it is advertised and go through an interview process like any other candidate.
The foundation said that in terms of the Ipid Act, the head of Ipid serves for a term of five years, which is renewable for one additional term — without mentioning who is required to make a decision on such renewal. “Pending the conclusion of the leave to appeal application, the current renewal process endorsed by the high court order should be placed on hold until a final determination by the Constitutional Court.”
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