Gigaba In Hot Soup Once Again



Home Affairs Minister Malusi Gigaba is once again in hot soup as Public Protector Busisiwe Mkhwebane has recommended that President Cyril Ramaphosa take appropriate disciplinary action against him for violating the Constitution. Democratic Alliance (DA) MP John Steenhuisen laid a complaint following a high court judgment, which found that Gigaba lied under oath in his legal battle with the Oppenheimer family over their proposed private terminal at OR Tambo International Airport.

Mkhwebane said as a member of the executive her main focus was on whether or not the minister’s conduct as found by the court was consistent with the relevant provisions of the Executive Ethics Code and she was not investigating issues that had been before the court.

She found that an allegation that Gigaba had violated the Constitution and the Executive Ethics Code when he told an “untruth under oath” was substantiated. DA MP John Steenhuisen lodged a complaint with the Public Protector in February in which he attached a judgment delivered by the high court in Pretoria in 2017.

Steenhuisen‚ in his complaint‚ said Gigaba not only lied under oath but also acted in breach of his constitutional duties.

In the judgment‚ in the matter between Fireblade Aviation v Minister for Home Affairs‚ Judge Neil Tuchten held among others that:

… there is no escaping of the conclusion that … the Minister has deliberately told untruths under oath.

Today on October 31The Public Protector said Gigaba failed to respond and the final report was compiled accordingly.

Following my investigation‚ I sent Minister Gigaba a notice on October 8 2018 to afford him an opportunity to respond to the provisional findings. I gave him 10 days from the date of the notice within which to respond

Mkhwebane has mentioned that within 20 days of her report the president must advise the Public Protector of what action needs to be taken.


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