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Gigaba lied under oath, high court finds

It relates to a case between Gigaba as Home Affairs Minister and an Oppenheimer-owned company.

Malusi Gigaba
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The high court in Pretoria has found that Finance Minister Malusi Gigaba lied under oath and violated the Constitution during his tenure as Minister of Home Affairs.


The judgement relates to a case brought by Fireblade Aviation in the North Gauteng High Court.

judgement
Fireblade Aviation (Pty) Ltd v Minister of Home Affairs Case No: 85376-2016/93450-2016

The private company applied for a declaratory order to force minister Gigaba to abide by his decision to allow the company to run customs and immigration services at a privately owned airport operation.


During the court proceedings in 2017, Fireblade alleged that the Gupta family had attempted to pressure the company into taking an empowerment partner, adding that the family pressured Gigaba to withdraw his approval.


Gigaba was the Minister of Home Affairs at the time.


However, the court did not make any findings on these allegations, ruling instead that Gigaba's own explanations - that he changed his mind - did not hold water.


The court did not make any ruling in respect of an application brought for a striking out of some allegations from the papers: "All the parties had the opportunity, and in fact did categorically deny any involvement with a certain family."


The written ruling was released this week, leading to the Democratic Alliance laying a formal complaint on Wednesday with the Public Protector - the same day Gigaba delivered his maiden budget speech.


The main opposition requests that the Public Protector investigates the findings against the minister.


The DA's Chief Whip, John Steenhuisen, says the judgement underlines Gigaba's "unsuitability" to deliver the budget speech. 

"If the minister feels comfortable to mislead court and violate his oath of office, how are we to believe a word he says about the budget?" says Steenhuisen.


Steenhuisen adds that in all three portfolios Gigaba held, there are questions and "dark clouds hanging over him".


Gigaba's office could not be reached for comment.


Read the full judgement:

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