Statement of IPID Executive Director, Mr Robert McBride Re: Submission of the Minister of Police on the Renewal of Robert McBride's Term as the Executive Director of the Independent Police Investigative Directorate

IPID Executive Director, Mr Robert McBride, has noted media reports in which Minister of Police, Honourable Bheki Cele's reasons are widely covered.

These allegations are nothing but a feeble attempt to prop up a false narrative that I have committed misconduct or that I somehow have a cloud over my head, merely because someone has made allegations. These discredited allegations first emerged after the IPID started an investigation into allegations of corruption against former acting National Commissioner, Lt Gen Khomotso Phahlane. We first heard about these spurrious allegations after we got an enquiry from the City Press' Setumo Stone in June 2017. After we provided a detailed response, the City Press did not run with the obviously fake story..

However, the fake allegations ended up at the Public Service Commission (PSC). For the record, the allegations, in what the minister calls the “first category” of misconduct, were reported anonymously to the Public Service Commission (PSC), a Chapter 9 institution, and IPID responded thoroughly to each and every one of the allegations. In a letter dated 24 October 2018 from the Chairperson of the PSC, IPID was advised that the outcome of the PSC investigation found that the allegations were “unsubstantiated” and that the PSC had closed its file.

Even though the PSC had found that the obviously spurrious allegations made by so-called “Concerned Staff”, were “unsubstantiated”, the Public Protector seems to have written to the minister advising him of her office having received the same allegations which were investigated and found to be unsubstantiated by another Chapter 9 institution. The Public Protector never brought these allegations to the IPID's attention. We only became aware, for the first time, that the Public Protector wrote to the minister in October 2018, when the minister submitted his reasons to the PCP on 19 February 2019. It is important to note that the minister did not bring the Public Protector's allegations to IPID's or my attention.

Section 6(3)(a) and (b) of the Public Protector Act says that the Public Protector may refuse to investigate a matter reported to him or her, if the person ostensibly prejudiced in the matter is-
(a) an officer or employee in the service of the State or is a person to whom the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994), are applicable and has, in connection with such matter, not taken all reasonable steps to exhaust the remedies conferred upon him or her in terms of the said Public Service Act, 1994; or such

(b) prejudiced by an act or omission referred to in subsection (4)(d) or section 112(l)(a)(v) of the Constitution and has not taken all reasonable steps to exhaust his or her legal remedies in connection with matter.

In addition, section 11(1)(b)(iii) of the Rules Relating to Investigations By the Public Protector And Matters Incidental Thereto (2018), says such an investigation would lead “to a duplication of efforts or resources.” Such duplication is one of the grounds for refusal by the Public Protector to investigate such a complaint.

On the matter of the R500 000, this matter was also investigated by the PSC and in a letter dated 11 October 2018, I was advised by the Chairperson of the PSC that “the PSC withdraws the report and consequently rescinds both its findings and recommendations.” A copy of this letter was sent to the Chairperson of the PCP, Mr Beukman, on 24 October 2018.

The “second category” of the so-called misconduct relates to what the minister calls “findings” by Cedrick Nkabinde, a former IPID investigator. Nkabinde made no findings but mere unfounded allegations, when he was removed from the task team. This is the same Nkabinde who was found to have been dishonest and unreliable by the Magistrate in the Specialised Commercial Crimes Court in 2018. All IPID investigators who worked with Nkabinde refuted all the allegations in the so-called “Nkabinde report.” The minister was advised of this by IPID in an information note dated 8 August 2018.

On 19 September 2018, when faced with disciplinary action, Nkabinde, of his own volition through his lawyers, withdrew his complaints to the “Public Protector, any complaints to any Ministers, Parliament and any of his referrals against the employer whilst in the employ of the employer to any forum, including any bargaining council...” He resigned with immediate effect.

Furthermore, the IPID is in possession of a recording in which a senior Crime Intelligence (CI) Brigadier confirms that Nkabinde was offered and accepted a position in CI in return for falsely implicating IPID investigators in wrong-doing.

These complaints are discredited and malicious and objective person should have the insight to sift fact from fiction and malice.


Issued by the Independent Police Investigative Directorate
For inquiries, contact:
Mr Moses Dlamini - National Spokesman
082 781 7112