Home Affairs Minister Malusi Gigaba. File photo: ANA/Phando Jikelo

Cape Town - Following the Constitutional Court's refusal this week to hear an appeal to overturn damming findings against Home Affairs Minister Malusi Gigaba, the African National Congress has no excuse not to act against Gigaba, if indeed the ANC is a “renewed” organisation", the Democratic Alliance said on Saturday.

The Constitutional Court refused to hear the appeal brought by 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 Neil Tuchten] could characterise it as a violation”, DA chief whip John Steenhuisen said.

This meant that the damning findings of Judge Tuchen and a full bench of the High Court stood. It was little wonder that Gigaba did a runner from parliament on Wednesday on the very same day the judgment came out. Clearly, Gigaba could not face the music, he said.

"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," Steenhuisen said.


The High Court judgment was the result of an application by a private company who sought a declaratory order to compel Gigaba 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 Gigaba revoked the approval he initially granted following pressure from the Gupta family.

While the DA had laid a formal complaint with the public protector requesting that she investigate Gigaba for lying under oath and violating the Constitution, the ANC should have no excuse not to act against Gigaba if indeed they were 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," Steenhuisen said.

African News Agency/ANA