Home Affairs Minister Malusi Gigaba is planning to go to the Constitutional Court to fight the Oppenheimers in a legal matter that a City Press report says threatens his Cabinet position. Gigaba has so far lost battles with Fireblade Aviation, owned by the wealthy Oppenheimer family, with the courts agreeing with Fireblade that Gigaba granted it approval for a private terminal at OR Tambo International Airport.

The terminal was allegedly granted by Gigaba in early 2016 during his first stint as Minister of Home Affairs but he has denied giving such permission. Now Gigaba is applying to the Constitutional Court to argue that such a deal would in any case be illegal and unconstitutional.

Two weeks ago the SCA dismissed Gigaba’s appeal against a High Court judgment which not only found he had agreed to give Fireblade permission, but had also lied under oath. That judgment has placed Gigaba's Cabinet position in peril.

President Cyril Ramaphosa told Parliament he was concerned about the judgment and would give the matter ‘his due and proper consideration’. Gigaba and Home Affairs have since obtained legal opinion advising that they could make a solid case before the Constitutional Court.

Gigaba believes that should the judgment not be reversed, this would encourage other wealthy South Africans to feel entitled to their own airport terminals, leading to an uncontrollable flood.

The case Gigaba hopes to argue is whether a Minister can effectively contract with a private party to allow for state resources to be placed at the disposal of a private party.

City Press says it understands Gigaba is still undecided on whether to appeal the judge’s comments that he lied, apparently on the advice that if he wins the bigger legal argument, it may serve to ameliorate any other findings made by the High Court.

Full City Press report