Public Protector Mkhwebane Won’t Oppose McBride’s Application To Suspend Remedial Action

Public Protector Busisiwe Mkhwebane.
Public Protector Busisiwe Mkhwebane.

The legal team of the former head of the Independent Police Investigative Directorate (Ipid) Robert McBride has made it over their first hurdle to review a Public Protector report with Advocate Busisiwe Mkhwebane’s office confirming it will not oppose an interim order to suspend the remedial action.

The parties will walk into court in two weeks’ time with an agreement to put the remedial action on ice, while the parties prepare for a full review application.

Mkhwebane released a report last week which found an Ipid deputy director was irregularly appointed, and the whistleblower was unfairly suspended.

The Public Protector’s office has told McBride’s attorney that they would not oppose an urgent application to suspend the enforcement of remedial action in the recent damning report.

McBride, the watchdog body’s head of investigation Matthew Sesoko and six others, filed an application this week to first suspend the remedial action, before taking the report on judicial review.

The Public Protector’s head of legal services Alfred Mhlongo said it was normal practice for the office not to oppose interim orders suspending the enforcement of remedial action.

In the second part of the matter, the applicants ask the court to declare the report and its remedial action invalid and set it aside.

Mhlongo said they were in the process of instructing an external legal team with respect to this aspect of the case.