On 06 September 2016, the Constitutional Court declared section 6(3) and (6) of the Independent Police Investigative Directorate (IPID) Act unconstitutional. Section 6(6) of the IPID Act, read with regulation 13 of the IPID Regulations, conferred on the Minister of Police the power to suspend, initiate disciplinary proceedings, and remove the Executive Director of IPID. This means that at the time the Minister took the decision to suspend Mr McBride he acted in terms of a valid law.

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