With President Cyril Ramaphosa expected to act on the Public Protector Busisiwe Mkhwebane’s recommendations on Malusi Gigaba‘s conduct, a Law expert believes the disciplinary action could see the Home Affairs minister losing his Ministerial position.

This follows the finding by the Public Protector that Home Affairs Minister Malusi Gigaba violated the executive Ethics Code by lying to parliament.

As Gigaba continues to be embroiled in scandals, all eyes are on President Ramaphosa to act on the Public Protector’s recommendations.

Mkhwebane says the President must take disciplinary action against Gigaba, following his conduct.

“The President must take appropriate disciplinary action against minister Gigaba for violating the Constitution. The executive ethics code and the code of ethical conduct and disclosure of members’ interest for assembly and permanent council members.”

President Ramaphosa has 14 days to act on the Public Protector’s report.

Matshiqi outlines the options open to the President. “The disciplinary action should take a step against him and being fired as a cabinet minister and of course it gives the President another opportunity for him to reshuffle his cabinet.

“Whether or not he will be able to do the kind of cabinet he wanted to do earlier in the year, given the fact that there was a lot of speculation that the current configuration of the cabinet was imposed on him by the party,” Matshiqi explains.

Now faced with a similar situation Ramaphosa’s predecessor Jacob Zuma faced where Public Protectors remedial actions suggested the President take action against his minister for wrongful conduct.

In 2014, then Public Protector Thuli Madonsela released report on how Zuma allegedly unduly benefits from the upgrades to his Nkandla home, and recommended that action be taken against some officials.

The Home Affairs minister allegedly approved a VIP air terminal for the Oppenheimer family in early 2016. However Gigaba denied this under oath and now according to Adv. Mkhwebane he must face the consequences.

Now all eyes are on President Cyril Ramaphosa to act on the Public Protector’s reference.

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