| McBride v Minister of Police | |
|---|---|
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| Court | Constitutional Court of South Africa |
| Full case name | McBride v Minister of Police and Another |
| Decided | 6 September 2016 |
| Docket nos. | CCT 255/15 |
| Citations | [2016] ZACC 30; 2016 (2) SACR 585 (CC); 2016 (11) BCLR 1398 (CC) |
| Case history | |
| Appealed from | McBride v Minister of Police and Another [2015] ZAGPPHC 830 in the High Court of South Africa, Gauteng Division |
| Court membership | |
| Judges sitting | Mogoeng CJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Nkabinde J, Zondo J and Bosielo AJ |
| Case opinions | |
| It is unconstitutional for statute to grant the Minister of Police the power to suspend, discipline, or remove the Executive Director of the Independent Police Investigative Directorate. Such a power is inconsistent with the directorate's independence as guaranteed by section 206(6) of the Constitution. | |
| Decision by | Bosielo AJ (unanimous) |
| Keywords | |
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McBride v Minister of Police and Another is a 2016 decision of the Constitutional Court of South Africa which concerns the independence of the Independent Police Investigative Directorate (IPID). In a unanimous decision written by Ronnie Bosielo, the court confirmed that certain legislative provisions were unconstitutional insofar as they permitted the Minister of Police unilaterally to suspend, discipline, or remove IPID's Executive Director, thereby making the directorate vulnerable to political influence. The court also set aside Police Minister Nathi Nhleko's decision to suspend Robert McBride from his position at the head of IPID.