Gigaba should make unreserved apology to SA
I AM sure that the vast majority of citizens are gratified by the news that Malusi Gigaba has resigned from his post as minister of home affairs, but the following should not be ignored:
First, according to media reports, there was no apology for his breach of the Constitution and the Executive Ethics Code. To the contrary and despite court rulings, including one by the Constitutional Court, and the findings of the public protector and her order relating to remedial action (not yet taken on review), the offender contends that he has done no wrong and intends to clear his name.
Second, in my opinion, the point not dealt with by any commentators, media or otherwise, omit the fact that the president has failed to comply with the remedial action ordered by the public protector. I refer to the fact that the president has not disciplined Mr Gigaba within the required time, or at all.
The fact that Gigaba has resigned does not absolve the president from his obligation to apply the necessary discipline nor can the self inflicted “discipline” of resignation be regarded as obedience or part of the remedial action by the offender.
Also, the ridiculous attempts to affirm that he has done no wrong and that his resignation was a measure of goodwill to South Africa and to relieve the president of stress cannot be regarded as a mitigating factor relating to his offences.
Finally, as an example of disciplines that could still be levelled against Gigaba in accordance with the remedial actions not yet addressed by the president:
1. Deprive him of his status as a Member of Parliament.
2. Insist that Gigaba makes a public announcement encompassing his unreserved apology to South Africa for his contradiction of all court rulings and the public protector’s findings within a certain time.
ETIENNE FOURIE Simon’s Town