Malusi Gigaba violated Constitution by lying under oath: Public Protector

Public Protector Busisiwe Mkhwebane has recommended that President Cyril Ramaphosa take appropriate disciplinary action against Home Affairs Minister Malusi Gigaba for violating the Constitution.

She found that an allegation that Gigaba had violated the Constitution and the Executive Ethics Code when he told an "untruth under oath" was substantiated.

DA MP John Steenhuisen lodged a complaint with the Public Protector in February in which he attached a judgment delivered by the high court in Pretoria in 2017.

In the judgment‚ in the matter between Fireblade Aviation v Minister for Home Affairs‚ Judge Neil Tuchten held among others that "... there is no escaping of the conclusion that ... the Minister has deliberately told untruths under oath".

Steenhuisen‚ in his complaint‚ said Gigaba not only lied under oath but also acted in breach of his constitutional duties.

"Following my investigation‚ I sent Minister Gigaba a notice on October 8 2018 to afford him an opportunity to respond to the provisional findings. I gave him 10 days from the date of the notice within which to respond‚" Mkhwebane said on Wednesday.

She said Gigaba failed to respond and the final report was compiled accordingly.

Mkhwebane said she was not investigating issues that had been before the court‚ but her focus was on whether or not the minister's conduct as found by the court was consistent with the relevant provisions of the Executive Ethics Code.

Mkhwebane said as a member of the executive‚ telling an untruth under oath and before a court of law was a direct violation of the Constitution and the Executive Ethics Code.

In her remedial action‚ Mkhwebane said the president must advise the Public Protector of what action was to be taken within 20 days of her report.