Gigaba violated Constitution with Fireblade statements: court

Minister of Finance Malusi Gigaba and his team from National Treasury walk into Parliament ahead of the 2018 Budget speech. PHOTO: Ayanda Ndamane/ANA

Minister of Finance Malusi Gigaba and his team from National Treasury walk into Parliament ahead of the 2018 Budget speech. PHOTO: Ayanda Ndamane/ANA

Published Feb 22, 2018

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Johannesburg - A Gauteng court has

found Finance Minister Malusi Gigaba violated the Constitution

in statements he made about his decision to revoke his approval

of a company's bid to open a private airport immigration

facility.

The judgment is the latest legal blow to a senior government official and comes at a time when President Cyril

Ramaphosa is considering a cabinet reshuffle after replacing his scandal-plagued predecessor Jacob Zuma last week.

Handed down in December, the judgment only came to public

light this week. Gigaba, whose job security under Ramaphosa is

unclear, said he would challenge the decision.

The judgment was issued after an application by Fireblade

Aviation, a company owned by the wealthy Oppenheimer family,

seeking to compel Gigaba to stick to his decision while home

affairs minister to allow the firm to operate an immigration

service for wealthy VIPs at Johannesburg's main airport.

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The court ruling reversed Gigaba's decision to revoke his

approval, saying that the minister had lied in having "denied

ever having approved the application".

"By telling a deliberate untruth on facts central to the

decision of this case, the minister has committed a breach of

the constitution so serious that I would characterise it as a

violation," the ruling read.

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Speaking to the media in Cape Town ahead of his budget

speech to parliament, Gigaba said: "My lawyers are studying the

judgment and we will respond to it in due time...It's important

to highlight that the decision of the court is being

challenged."

The Democratic Alliance (DA), the official opposition party,

said that based on the judgment, it had filed a complaint

against Gigaba with the Public Protector, South Africa's

constitutionally-mandated anti-graft watchdog. 

Reuters

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