Presidency opposes DA challenge of Gigaba, Dlamini appointments

2019-03-11 08:42
Malusi Gigaba (Simon Dawson/Bloomberg via Getty Images)

Malusi Gigaba (Simon Dawson/Bloomberg via Getty Images)

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MPs react to Cabinet reshuffle

2018-11-22 21:20

Opposition MPs in Parliament are not impressed with retaining of ministers Nomvula Makonyane and Bathabile Dlamini in President Cyril Ramaphosa reshuffled Cabinet.WATCH

The DA's court challenge seeking an order declaring the decision to retain both Bathabile Dlamini and Malusi Gigaba as Cabinet ministers, has been postponed after the presidency opposed the application.

The case was initially set down on the unopposed roll on Monday, DA federal council chairperson James Selfe said.

"The President [Cyril Ramaphosa] subsequently indicated that he would be opposing the matter, and the court date was accordingly postponed," Selfe said.

Last year, DA leader Mmusi Maimane announced the court challenge after Ramaphosa elected to keep both Dlamini and Gigaba in his Cabinet after he became president in February 2018.

In a Cabinet reshuffle the same month that Ramaphosa took over the presidential reigns from Jacob Zuma, he moved Dlamini from her portfolio at Social Development to Minister of Women in the Presidency. 

Gigaba was axed as Minister of Finance and moved to Home Affairs, where he was previously minister.

The DA's decisions is borne from the fact that both Gigaba and Dlamini have been found to have lied under oath.

READ MORE: Dlamini, Gigaba 'acted dishonestly', not 'fit and proper' to hold office - DA in court papers

Last year, the Constitutional Court dismissed Gigaba's application for leave to appeal a ruling that he had lied under oath.

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

Public Protector Busisiwe Mkhwebane also recommended that Ramaphosa act against Gigaba, after she announced that her investigation had found that Gigaba had violated the Constitution, the Executive Ethics Code and the Code of Ethical Conduct and Disclosure of Members' Interests for Assembly and Permanent Council Members.

Gigaba resigned at minister towards the end of last year.

In September, the Constitutional Court ruled in a unanimous decision that Dlamini withheld information from the court, and that the National Prosecuting Authority should determine whether she should be prosecuted for perjury.

Last year, Maimane said the decision by the president to reappoint Gigaba and Dlamini fails the legal test of rationality.

"It is common cause that both Malusi Gigaba and Bathabile Dlamini have been found to have lied under oath in court cases relating to government work. These are not mere allegations - they are the unanimous findings of the North Gauteng High Court and the Constitutional Court respectively," Maimane said.

"As such we are seeking an order declaring the president's decisions to retain both Dlamini and Gigaba in his Cabinet to be unlawful, unconstitutional and invalid. The DA also seeks an order reviewing the decisions and setting them aside."

The court challenge is expected to be heard in the Gauteng High Court in Pretoria.

Read more on:    da  |  anc  |  malusi gigaba  |  cyril ramaphosa  |  bathabile dlamini
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