Ramaphosa must take disciplinary action against Gigaba: Mkhwebane

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Home Affairs Minister Malusi Gigaba will have to take part in a disciplinary hearing. Picture: Deaan Vivier/Netwerk24/Gallo Images
Home Affairs Minister Malusi Gigaba will have to take part in a disciplinary hearing. Picture: Deaan Vivier/Netwerk24/Gallo Images

Home Affairs Minister Malusi Gigaba has been dealt another blow – Public Protector Busisiwe Mkhwebane has directed President Cyril Ramaphosa to take disciplinary action against him.

This relates to the complaint lodged by DA chief whip John Steenhuisen earlier this year.

Mkhwebane found that Gigaba was guilty of lying under oath and acting in breach of both his constitutional and the executive ethics codes over the Fireblade private facility at OR Tambo International Airport.

“Following my investigation, I sent minister Gigaba a section 7 (9) notice on October 8 2018 to afford him an opportunity to respond to the provisional findings. Minister Gigaba failed to respond and the report was compiled accordingly,” she said in Pretoria today.

Mkhwebane said she found that the allegation that Gigaba violated the Constitution and the executive ethics code when he told an “untruth under oath” was substantiated.

As a member of the executive, telling an untruth under oath and before a court of law is a direct violation of section 165 (4) of the Constitution
Busisiwe Mkhwebane, public protector

She said that national key points such as international airports and military bases, which require special security, are strategic installations as regulated by the National Key Points Act, 102 of 1980 which require special security. Mkhwebane said she had directed Ramaphosa to take appropriate disciplinary action against Gigaba.

“The president must within a reasonable time, but not later than 14 days after receiving this report, submit a copy thereof and any comments thereon with a report on any action taken or to be taken.” Mkhwebane said the National Assembly Baleka Mbete must, after receiving a report from Ramaphosa, refer Gigaba’s violation of the code of ethical conduct and disclosure of members’ interests for assembly to the joint committee on ethics and members’ interests for consideration.

“The president must advise the public protector of action taken by the president within 20 days of the date of this report,” said Mkhwebane.

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