Malusi Gigaba violated the constitution and ethics codes, protector finds

Source: Business Day, 31/10/2018

By telling ‘untruths’ in court, Gigaba has contravened several ethics
codes and the president will now have to take action

Home affairs minister Malusi Gigaba violated the constitution and the
Executive Ethics Code by lying in court, public protector Busisiwe
Mkhwebane has found.
Mkhwebane said on Thursday that she investigated a complaint laid by
DA MP John Steenhuisen after the high court in Pretoria found in
December last year that Gigaba had told “untruths” under oath in the
matter between himself, in his capacity as home affairs minister, and
the Oppenheimers’ Fireblade Aviation in a legal battle about operating
a private terminal at OR Tambo International Airport.
She has now directed the president to take appropriate disciplinary
action against Gigaba for violating the constitution, the ethics code
and parliament’s own code of ethics.
President Cyril Ramaphosa must advise Mkhwebane within 20 days of
receipt of the report on action he takes. The speaker of the national
assembly, Baleka Mbete, has 30 days from the publication of
Mkhwebane`s report to provide the implementation plan on steps to be
taken against Gigaba for breaching parliament’s code of ethical conduct.
Mkhwebane said the court also held that “by telling a deliberate
untruth on facts central to the decision of the case, the minister has
committed a breach of the constitution so serious that I could
characterise it as a violation”.
Steenhuisen had said in his complaint that Gigaba not only lied under
oath but, echoing the public protector, also acted in breach of his
constitutional duties as well as the Executive Ethics Code.
Mkhwebane said Steenhuisen’s allegation was substantiated and gave
Gigaba an opportunity to respond, but he failed to do so.
The Oppenheimers insisted in parliament on Tuesday that they obtained
all the necessary approvals to operate a private terminal and
dismissed claims they had bribed senior government officials ahead of
the deal being finalised.
Responding to questions from MPs, Nicky Oppenheimer said Gigaba had
lied to parliament when he stated he had not approved the family’s
private terminal in early 2016.
He said he took offence at insinuations that the family had paid a
bribe to obtain the approvals. He said Gigaba had said at the time he
was delighted to approve the terminal, but the family was ‘‘astounded”
when he later changed his mind, denying he had ever approved it.
The matter eventually ended up in court, where a judge found Gigaba
had lied. Gigaba lost his appeal to a full bench of the high court‚ as
well as an appeal to the Supreme Court of Appeal‚ and has decided to
take the matter to the Constitutional Court.