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ConCourt throws out Gigaba's bid to appeal Fireblade ruling

The Constitutional Court has dismissed Home Affairs Minister Malusi Gigaba's application for leave to appeal a ruling that he lied under oath.

In 2017, the North Gauteng High Court in Pretoria ruled that Gigaba lied under oath and that he violated the Constitution.

The judgment followed a court battle which Fireblade Aviation, owned by the wealthy Oppenheimer family, lodged in November 2016 against the Department of Home Affairs and others.

Gigaba's initial appeal against the judgment was dismissed in the Supreme Court of Appeal with costs earlier this year.

Now the Constitutional Court has followed suit.

In a statement on Thursday, Fireblade Aviation said it was "pleased" that the apex court dismissed Gigaba's application.

"With this decision, these legal proceedings have now concluded. We are satisfied with the result and the manner in which the legal process has culminated in a just and fair outcome.

Fireblade also welcomed the opportunity to brief the Portfolio Committee on Home Affairs on Tuesday, on matters pertaining to its establishment and operations.

"We are extraordinarily proud of the Fireblade operation, which we believe is on par with globally recognised such facilities at major airports around the world. We believe that Fireblade is in the process of achieving its ambition – providing a first-class service for the benefit of South Africans and international guests while visiting our country."

News24 previously reported that the application sought to have the court declare that approval for a terminal at OR Tambo International Airport – allegedly granted by Gigaba in early 2016 during his first stint as Minister of Home Affairs – could not be revoked.

It is alleged that Gigaba revoked the approval he originally granted under pressure from the Guptas.

Meanwhile, on Wednesday, Public Protector Busisiwe Mkhwebane found that Gigaba did not only violate the executive ethics code, but also the Constitution for "deliberately telling untruths under oath".

Busisiwe Mkhwebane recommended that President Cyril Ramaphosa take disciplinary action against the Minister of Home Affairs.

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