The Constitutional Court has refused to hear the appeal, brought by Home Affairs Minister, Malusi Gigaba, to set aside a judgment by a full bench of the High Court in Pretoria which found that he “…deliberately told untruths under oath” and that “…the Minister has committed a breach of the Constitution so serious that [Judge Tuchten] could characterise it as a violation”.
This means that the damning findings of Judge Tuchen and a full bench of the High Court stand.
It is little wonder that Minister Gigaba did a runner from Parliament on Wednesday on the very same day the judgement came out. Clearly, Minister Gigaba cannot face the music.
The fact is that he is deeply compromised and cannot be trusted to carry out his constitutional mandate to serve the people of South Africa.
He is not above lying under oath nor laying the groundwork for the Gupta’s to capture key public institutions for their own selfish gain.
The High Court judgment was the result of an application by a private company who sought a declaratory order to compel the Minister to abide by a decision he had taken to allow the company to run a customs and immigration service at a privately-owned airport operation. At the time, it was alleged that Minister Gigaba revoked the approval he initially granted following pressure from the Gupta family.
While the Democratic Alliance has laid a formal complaint with the Public Protector requesting that she investigate Minister Gigaba for lying under oath and violating the Constitution, the ANC should have no excuse not to act against Minister Gigaba if indeed they are a “renewed” organisation.
It is now up to President Cyril Ramaphosa to walk the talk and take steps to remove Minister Gigaba as a matter of urgency.