File picture: Themba Hadebe/AP.

Johannesburg - Public Protector Busisiwe Mkhwebane has found that Home Affairs Minister Malusi Gigaba violated the Constitution and the executive ethics code when he told untruths under oath in court. 

Mkhwebane has directed that President Cyril Ramaphosa must take action against Gigaba for violating the Constitution by lying. 

Ramaphosa will have 20 days to respond to Mkhwebane’s report and advise her on his decision, while National Assembly Speaker Baleka Mbete has 30 days to provide proper steps on how Parliament will deal with Gigaba for violating its code. 

The public protector released her report into the matter on Thursday. Her investigation into Gigaba’s conduct follows a complaint lodged by DA MP John Steenhuisen in February. 

Steenhuisen’s complaint related to a High Court judgement issued last year involving a matter on the Fireblade VIP airport terminal in which Gigaba's department was opposing. 

The court found that Gigaba had deliberately lied under oath. 

“I found that the allegation that Minister Gigaba violated the constitution and the executive ethics code when he told an ‘untruth under oath’ was substantiated,” said Gigaba. 

 Mkhwebane said Gigaba had failed to respond to her preliminary investigation into the matter. 

“I gave him 10 days from the date of the notice within which to respond. Minister Gigaba failed to respond and the report was compiled accordingly. Let me also stress the point that, in this matter, I was not investigating issues that had been before the court,” said Mkhwebane.

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