Gigaba’s horror week continues as Public Protector tells President Ramaphosa to act

President Cyril Ramaphosa has faced months of criticism for retaining Malusi Gigaba as a Cabinet member and Public Protector Busisiwe Mkhwebane on Wednesday gave him further ammunition to act against the embattled home affairs minister.

The Public Protector agreed with a 2017 court judgment that said Gigaba lied under oath about approving the Oppenheimer family’s private fixed-based aviation facility at OR Tambo International Airport.

“The President of the Republic of South Africa must take appropriate disciplinary action against Minister Gigaba for violating the Constitution, the Executive Ethics Code, and the Code of Ethical Conduct and Disclosure of Members’ Interests for Assembly and Permanent Council Members,” read Mkhwebane’s report, which lacked the kind of snappy title favoured by her predecessor, Thuli Madonsela.

Ramaphosa has 20 days to explain the action he has taken against Gigaba. He must submit the report to the National Assembly within 14 days with any comments he may want to add and steps he plans to take against Gigaba.

Speaker Baleka Mbete has 14 days to submit the report to the Joint Committee on Ethics and Members’ Interests and 30 days to tell Mkhwebane of the action taken against the minister.

The Public Protector’s investigation stemmed from a complaint laid by the DA’s John Steenhuisen who requested that the minister be investigated after a 2017 court judgment found he lied under oath and violated his constitutional duties.

In January, 2016 in a meeting with Fireblade Aviation, Gigaba said he had approved the application to operate the group’s private facility at OR Tambo and had signed off on it. Later, he said he hadn’t.

He tried to appeal the High Court case in both the Supreme Court of Appeal and Constitutional Court, which both dismissed his applications for leave to appeal.

Gigaba asked Mkhwebane to consider a legal opinion that said the courts had misconstrued the law. She said she was bound to the court decision unless it was overturned by a higher court, and denied his request. Gigaba did not reply to the Public Protector’s letter informing him that she would not consider the legal opinion.

In Parliament on Tuesday, Nicky and Jonathan Oppenheimer, along with Fireblade director Manne Dipico, explained Gigaba’s about-turn.

“He needs help… This is a serious indictment on this minister,” said Dipico, former premier of the Northern Cape.

During the Pretoria High Court case, Fireblade alleged Gigaba had withdrawn his approval of the Oppenheimers’ application after the Gupta family wanted to come on board as empowerment partners and used their influence at Denel to pressure Gigaba.

On Sunday, Gigaba took to social media to apologise before a solo sex tape was released online, condemning the leak as an invasion of privacy and claiming state security officials were responsible.

While embarrassing for him and his family, many commentators said the minister should be held accountable for his actions in government and not for what’s happening in his private life.

Gigaba faced questions earlier in October in Parliament about the early naturalisation of members of the Gupta family during his tenure as home affairs minister. Gigaba admitted he had known the family, whose business dealings are under investigation at the State Capture Inquiry, for up to 10 years and had visited their home five or six times.

“We were not buddy-buddy,” he said of his relationship to the family.

Public Protector Busisiwe Mkhwebane herself has had a controversial tenure and there are early suggestions that Gigaba may seek to take her findings on review, which could buy him some time with Ramaphosa.

The president recently accepted the resignation of former finance minister Nhanhla Nene, who quit after he revealed he had lied about meeting the Gupta family in the past.

Ramaphosa has been slow to act against Gigaba, despite the 2017 court ruling. Bathabile Dlamini remains Minister of Women in the Presidency after the Constitutional Court in September said she misled the court during the Sassa debacle while minister of social development.

Mkhwebane’s new report might finally prompt Ramaphosa to act. He has to reshuffle his Cabinet after the recent passing of environmental affairs minister Edna Molewa and could use the opportunity to replace Gigaba and remove him and his never-ending scandals from the limelight. DM