Independent Police Investigative Directorate (IPID) boss Robert McBride is taking his fight to keep his job to court.

McBride has filed an urgent application in the Gauteng High Court in Pretoria asking the court to declare Police Minister Bheki Cele’s decision not to renew his appointment as IPID executive director “unconstitutional, unlawful and invalid”.

McBride’s term at IPID comes to an end on February 28 this year.

In a curt letter last week, dated January 24, Cele informed McBride that he had forwarded his decision not to renew McBride’s contract, to Parliament for consideration.

Also read: Bheki Cele responds to Robert McBride: Your contract at IPID won’t be renewed…period

But in his affidavit filed at the High Court on Tuesday, McBride stated that the decision was not one that the minister was empowered to take. 

He said the decision must be taken by the National Assembly’s Portfolio Committee on Police, being the parliamentary committee responsible for appointing the executive.

“By purporting to exercise this power, the minister has undermined the independence of IPID. The minister has also contravened Section 6(3) of the IPID Act. 

“Further, and in any event the minister’s decision is also unlawful in that he has failed to provide any reasons for his decision despite being called upon to do so. His decision is thus also unlawful for being irrational,” McBride said.

He also said the Portfolio Committee had thus far been prevented from taking the decision because of Cele’s conduct.

“The minister began by unilaterally taking the decision himself and allowing the portfolio committee to play his role,” he said. 

“I emphasise that I accept that I have no right to have my appointment renewed, nor any guarantee that the employment contract will be renewed. However, I do have a right to have the decision regarding renewal taken lawfully by the body lawfully vested with this power –  that is the portfolio committee – rather than the minister.”