The tables have turned for the home affairs minister, as he could face a criminal charge of perjury, should the NPA decide to pursue the matter.
Minister of Home Affairs Malusi Gigaba’s woes appear to be piling up, with yesterday’s decision by the Constitutional Court to dismiss his application for leave to appeal a high court decision regarding his rejection of Fireblade Aviation’s application for terminal rights at OR Tambo International Airport.
In a judgment on Monday, the Constitutional Court upheld three separate rulings by the High Court in Pretoria, a full bench of that court, and the Supreme Court of Appeals, which all found in Fireblade’s favour.
“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 said in a statement yesterday.
The minister was challenged by the Oppenheimer-owned company in 2016 for rejecting its application for a luxury private terminal at OR Tambo, allegedly due to pressure from the Guptas.
Gigaba allegedly changed his mind, after initially approving the application, and rejected it, allegedly due to pressure from the Gupta family, a move that some saw as another state capture ploy by the Indian immigrant family.
The family apparently had plans for their own, similar terminal. The High Court in Pretoria ruled that Gigaba had lied under oath regarding the approval of the terminal.
Gigaba is under fire from various quarters for lying under oath, with the Economic Freedom Fighters calling on President Cyril Ramaphosa to immediately fire him.
Public Protector Busisiwe Mkhwebane on Wednesday recommended Ramaphosa take appropriate disciplinary action against the minister.
Even if Ramaphosa were to fire him, Gigaba could also face a criminal charge of perjury, should the National Prosecuting Authority decide to pursue the matter.
Gigaba has in the past also been involved in other scandals, including spending R670 000 on travel costs for his wife to accompany him to New York and Asia on official trips, and his involvement in the irregular granting of citizenship to the notorious Gupta family.
Most recently, he was also the star in a leaked video, showing him [email protected]