She has found that Gigaba violated the Constitution and the Executive Ethics code by lying under oath in the Fireblade Aviation court battle.
Gigaba was afforded an opportunity to respond to allegations but allegedly failed to do so.
Mkhwebane has given President Cyril Ramaphosa a deadline of 20 days to take action against Minister Malusi.
Public Protector Mkwebane addressed a media conference, giving updates on the latest investigations by her office.
“The President must take appropriate disciplinary action against Mr Gigaba for violating the Constitution, the Executive Ethics code and the Code of Ethical conduct and disclosure of members interest. The Speaker of the national assembly must within 14 days of receipt of this report from the President refer Minister Gigaba’s violation of the code of ethical conduct and disclosure of members’ interest for Assembly and permanent council members to the joint committee on Ethics.”