Robert McBride (police officer)

Robert McBride (born July 6, 1963 in Durban, South Africa) is the former chief of the Metropolitan Police for Ekurhuleni Metropolitan Municipality. During the apartheid era he was a member of Umkhonto we Sizwe, the armed wing of the South African Liberation Struggle, and was convicted for the bombing of Magoo's Bar / “Why Not” Restaurant in Durban, which killed 3 and injured 69 in 1986. He applied for and was granted amnesty for this and other militant actions taken during his time with MK by the Truth and Reconciliation Commission.

McBride was "released from his contract" (fired) on Friday 26 September 2008, following his return to work in defiance of his ordered administrative leave [1]. On Thursday, 8 September 2011, McBride was sentenced to two years in prison for drunk driving. [2]

Contents

Early life

McBride's parents were schoolteachers. He was born in Addington Hospital and grew up in Wentworth, a racially segregated suburb about 11 km from Durban. He attended Fairvale High School in Wentworth and participated in extramural activities like rugby, karate, boxing,chess, Hockey and soccer. After he was beaten by an older boy in the neighbourhood, his father taught him martial arts.[1] He was involved in many fights, but never joined a gang, largely because of the discipline of his parents. He became more and more involved in his father's business, a welding workshop. When older, while walking an employee home at night, he killed an attacker with his mother's pistol. He was also involved in the collection of payments from customers, and is said to have had many encounters with local gangs.

McBride obtained a BA in international politics from the University of South Africa in 2001, a B.Tech degree in policing from the Tshwane University of Technology in 2007 and a diploma in foreign relations from the Institute of Diplomacy & Foreign Relations Malaysia.

Militant anti-apartheid activities

He developed political views at an early age due to influence of his father. He was particularly influenced by two books: A. J. Venter's Coloured: A Profile of 2 Million South Africans which describes the efforts of coloured political activists such as James April, Don Mattera, Jakes Gerwel, Basil February, and his uncle, Rev. Clive McBride; and Soledad Brothers: The Prison Letters of George Jackson, written by a founding member of the American Black Guerrilla Family.[1]

In 1984, Umkhonto we Sizwe (MK), the ANC's military wing, attempted to sabotage the oil refinery near his home. McBride was soon recruited into the ANC and became an active member. On April 26, 1986, he carried out a daring act and freed Gordon Webster, a wounded MK commander, in a shootout with the police at Edendale Hospital.

Most well known was his leadership of the cell that bombed the "Why Not" Restaurant and Magoo's Bar in Durban on 14 June 1986, an attack in which 3 women were killed and 69 injured. He was captured and convicted for the Durban bombing, and sentenced to death, but later reprieved while on death row. In 1992, he was released after his actions were classified as politically motivated. He was later granted amnesty at the Truth and Reconciliation Commission (TRC) which provided for amnesty in return for complete disclosure of acts of politically-motivated violence, after the ANC changed their early denials of involvement to a claim that they ordered the bombing.[2]

The South African government at the time had portrayed the attack as being aimed targeted at innocent civilians, which given that the bomb was detonated on the highly popular 'Golden Mile' seafront frequented by thousands of civilians and tourists was understandable. The Truth and Reconciliation Commission (South Africa) report stated "It seems that not many, if any, of the victims in this incident were members of the South African Police. Furthermore, the criticisms directed at the quality of reconnaissance of the "Why Not Bar" might very well be valid. It may be, as was argued, that he ought to have ensured at the relevant time that the primary targets of the attack were present and therefore the concept of the proportionality of the attack and its results must be considered."[3] McBride and others were granted amnesty for the attack, although the commission did find the bombing to be a "gross violation of human rights",[4] as well for other offences including those arising from the escape of Gordon Webster.

During 2006 McBride received the Merit Medal in Silver and the Conspicuous Leadership Star from the South African National Defence Force for his service and combat leadership in Umkhonto We Sizwe.

Political career

During 1993, McBride was elected as a member of the Gauteng Provincial Executive Committee of the ANC, a position to which he was re-elected during 1995. He was part of the country's first democratic Provincial Legislature and served as an MP in the first democratic parliament in South Africa.

Foreign Affairs

In the Department of Foreign Affairs, McBride served as Director in charge of the Directorate for South East Asia, as the Department's representative at the National Intelligence Estimates Board (NIEB), and then as Director: Operational Services. In 2001 McBride was appointed as Head of Consular and Agency Services, and also served on the Immigrations Advisory Board.

On 9 March 1998, McBride, then a high-ranking official in the Department of Foreign Affairs, was arrested by the Mozambican police in Ressano Garcia on charges of gun running from Mozambique to South Africa,[5] despite an attempt to run for the border.[6] He was about to receive 50 AK-47 rifles and 100 Makarov pistols.[7] He maintained he was investigating the arms smuggling trade while working with the South African National Intelligence Agency (NIA). After a period in detention, all charges were "mysteriously" dropped. Inkatha Freedom Party head Mangosuthu Buthelezi suggested the weapons had been meant for assassins to target IFP leaders with.[8]

In 1999, McBride faced an assault charge after underworld figure Cyril Beeka and another man he was visiting an escort agency with allegedly assaulted a employee.[9][10]

McBride was also involved in the Irish Peace Process and was held up by IRA/ Sinn Féin leader Martin McGuinness as an example of a former combatant who moved on to a leadership role following the settlement in South Africa.[11][12]

Metropolitan police

In 2003 McBride was appointed Chief of the Metropolitan (Metro) Police of Ekurhuleni Municipality (formerly East Rand).[13][14]

Vehicle accident

On 21 December 2006, after a Christmas party McBride was involved in a single car collision near Centurion. According to witnesses, McBride was under the influence of alcohol. Ekurhuleni metro police quickly arrived even though the scene was more than 40 km out of their jurisdiction. According to witnesses the Ekurhuleni metro police assaulted witnesses and threatened to shoot them if they phoned the South African Police (SAP). McBride was quickly removed from the scene by the Ekurhuleni metro police. It was unclear whether in accordance with standard police procedure blood samples were taken by the Ekurhuleni metro police, or by a medical facility, to determine his blood-alcohol level.[15][16]

Three of the Ekurhuleni metro police involved in removing McBride from the accident scene, Patrick Johnston, Stanley Segathevan and Ithumeleng Koko initially supported McBride but subsequently gave "damning statements" to the South African Police. Thereafter, it was reported that on 4 July 2007 McBride and a number of cars of Ekurhuleni metro police detained and intimidated Patrick Johnston at a petrol station, on the pretext that he was driving a car with tinted windows which is against South African traffic law. Segathevan joined Johnston, and members of the Boksburg SAPS Task Force arrived at the scene. McBride is alleged to have abused the SAPS members. Johnston and Segathevan were arrested by the Ekurhuleni metro police, but Henk Strydom, Boksburg's senior public prosecutor, declined to prosecute due to "insufficient evidence and a case totally without merit", and Johnston and Segathevan obtained a court interdict to protect them from McBride and the Ekurhuleni Metro Police Department, as they claimed McBride had made death threats against them, which McBride denied.[17][18]

McBride was charged with drunken driving, fraud and defeating the ends of justice following the car accident,.[19] In his defence he produced a medical certificate stating that he was suffering from hypoglycaemia (low blood sugar). The doctor who gave him the certificate is facing charges of fraud and defeating the ends of justice with regard to the certificate.[20]

On 8 April 2011 McBride was convicted of drunken driving and defeating the ends of justice. The Pretoria Magistrate's Court acquitted him on the count of fraud. McBride's bail was extended, pending his sentencing on July 15.

Defamation Action

On 6 February 2008 a High Court Judge ruled in McBride's favour for a defamation of character claim against the Citizen newspaper for articles published during 2003/2004 referring to him as a murderer and a criminal arising from his conviction for the Magoo Bar bombing, and questioning his appointment as a Police Chief. McBride had argued that he was not a murderer as his conviction for murder had been erased by the amnesty process under the Truth & Reconciliation Act. A substantial award plus costs was made against the Citizen newspaper..

The Supreme Court of Appeal subsequenly upheld the ruling of the High Court and the defamation award.

The Constitutional Court however upheld the Citizen newspaper's appeal in the defamation case brought by McBride, holding that the Truth & Reconciliation Act did not prohibit frank public discussion of his act as "murderer" and did not prevent him being described as a "criminal". The Constitutional Court found that The Citizen’s claims that Mr McBride was a murderer and hence unfit for the position of Police Chief was fair comment and that the allegedly defamatory statements in this regard were therefore justified. The Citizen's main appeal was upheld and the court dismissed McBride's cross-appeal, but nevertheless found that the newspaper had defamed McBride by claiming falsely that he was not remorseful.

John MacBride

It was claimed during McBride's trial for the Durban bombings that he was related to Irish Republican Major John MacBride who had taken part during the Second Boer War. This link helped to save McBride's life.[21][22]

Biographies

Two authors have written biographies on the life of Robert McBride:

References

  1. ^ a b "SOUTH AFRICAN HISTORY TIMELINES: Robert McBride". South African History Online. http://www.sahistory.org.za/pages/chronology/special-chrono/people/mcbride.html. Retrieved 2008-03-20. 
  2. ^ http://www.saflii.org/za/cases/ZASCA/2010/5.html
  3. ^ Politicsweb - FEATURES - What Robert McBride did, and who was harmed
  4. ^ "The Liberation Movements from 1960 to 1990" (PDF). Truth and Reconciliation Commission of South Africa Report (Truth and Reconciliation Commission (South Africa)) 2: 333. http://www.justice.gov.za/trc/report/finalreport/Volume%202.pdf. "THE CONSEQUENCE IN THESE CASES, SUCH AS THE MAGOO’S BAR AND THE DURBAN ESPLANADE BOMBINGS, WERE GROSS VIOLATIONS OF HUMAN RIGHTS IN THAT THEY RESULTED IN INJURIES TO AND THE DEATHS OF CIVILIANS." 
  5. ^ http://allafrica.com/stories/199804210090.html
  6. ^ Daley, Suzanne (1998-03-16). "Official's Arrest Puzzles South Africa". The New York Times. http://www.nytimes.com/1998/03/16/world/official-s-arrest-puzzles-south-africa.html. 
  7. ^ http://web.archive.org/web/20050210053430/http://www.anc.org.za/anc/newsbrief/1998/news0608
  8. ^ Neilan, Terence (1999-02-11). "World Briefing". The New York Times. http://www.nytimes.com/1999/02/11/world/world-briefing.html?pagewanted=all. 
  9. ^ http://www.iol.co.za/news/south-africa/mcbride-off-the-hook-in-escort-fracas-1.4723
  10. ^ http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=181552&sn=Detail&pid=146825&Beeka-in-murky-underworld-deals-
  11. ^ Anderson, Brendan (2006-09-14). "From prisoner to peace officer?". BBC. http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/5345748.stm. 
  12. ^ "McGuinness pays tribute to ANC's role in NI". BreakingNews.ie. 2004-04-28. http://archives.tcm.ie/breakingnews/2004/04/28/story145002.asp. 
  13. ^ "Robert McBride, chief of police". Mail and Guardian. October 30, 2003. http://mg.co.za/article/2003-10-30-robert-mcbride-chief-of-police. Retrieved 2011-07-10. 
  14. ^ "From death row to SA police chief". BBC. 2003-12-04. http://news.bbc.co.uk/1/hi/world/africa/3291827.stm. Retrieved 2007-01-04. 
  15. ^ "Police probe McBride reckless-driving claims". Mail & Guardian. December 23, 2006. http://www.mg.co.za/articlePage.aspx?articleid=294462&area=/breaking_news/breaking_news__national/. Retrieved 2007-01-04. 
  16. ^ "McBride 'received medical care'". News24. January 17, 2007. http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2056096,00.html. Retrieved 2007-01-17. 
  17. ^ "Who the f*** are you?". IOL. July 16, 2007. http://www.iol.co.za/index.php?from=rss_Top%20Stories&set_id=1&click_id=13&art_id=vn20070706001011518C947072. Retrieved 2007-07-07. 
  18. ^ "EDITORIAL COMMENT: McBride should be suspended until his name is cleared". The Times. July 13, 2007. http://www.thetimes.co.za/News/Article.aspx?id=514894. Retrieved 2007-07-20. 
  19. ^ "McBride was drunk, second witness says". The Times. 2008-03-18. http://www.thetimes.co.za/News/Article.aspx?id=729696. 
  20. ^ "McBride's doctor case postponed". News24. 2008-02-07. http://www.24.com/news/?p=ra&i=833588. 
  21. ^ Robert McBride - A Coloured Life.
  22. ^ Leading ANC figure attends opening Dáil session An Phoblacht (2006-05-04)

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