(File photo) Forensic investigator Paul O'Sullivan
Image: Chris Collingridge, Independent Media
THE Helen Suzman Foundation (HSF) claims that money received from forensic investigator Paul O’Sullivan was used for core operations and not in the case to overturn Robert McBride’s suspension as Executive Director of the Independent Police Investigative Directorate (IPID).
The foundation issued a statement contesting forensic investigator Paul O’Sullivan's claims during an online interview last week.
O’Sullivan is reported to have stated that he “funded” the Foundation with a substantial amount of money to overturn McBride’s suspension as executive director of IPID.
"We believe this to be an unfortunate mischaracterisation. HSF acted as amicus curiae (friends of the court) in the 2015 case of McBride v Minister of Police and Another (06588/2015), heard in the North Gauteng Pretoria High Court, as well as the subsequent 2016 Constitutional Court appeal," Kalim Rajab, HSF's chairperson of the board of trustees, and Naseema Fakir, executive director, said in a statement.
It further stated that law firm Webber Wentzel acted as HSF’s legal representatives in this matter on a pro bono basis and received no payment for their services, as did senior counsel.
"In the course of this public interest matter Mr O’Sullivan, on behalf of Forensics for Justice, did engage in consultations with us along with Webber Wentzel’s pro bono department.
"In 2019, HSF again acted as amicus curiae in the urgent application brought by Mr McBride in the North Gauteng Pretoria High Court where he opposed the non-renewal of his contract as executive director of IPID. HSF appealed the matter, filing in the Supreme Court of Appeal in Helen Suzman Foundation v Robert McBride and Others.
"Our argument was that the process of renewing Mr McBride’s contract lacked procedural integrity and the settlement reached in the High Court case indirectly permitted executive influence over the renewal of the IPID Executive Director, compromising the independence of IPID. We did not engage with Mr O’Sullivan during the course of this second matter. Webber Wentzel and senior counsel again acted on a pro bono basis as our legal representatives," said HSF in their statement.
The foundation confirmed that O’Sullivan had separately made a once-off donation of R100, 000 to them in 2019.
"As Mr O’Sullivan’s donation was general in nature and not linked to any specific case, it was utilised by us in our core operations.
"HSF’s involvement in the McBride matters was guided solely by our mission to advance constitutionalism and safeguard the independence of key state institutions. In furthering our mission we are committed never to compromise on our independence, such that we are able to effect our work without fear or favour," added the statement.