Ter­mi­nal an ap­peal mat­ter

Afro Voice (KwaZulu Natal) - - Politics - HLONI MASHIGO hlonim@the­newage.co.za

THE Min­is­ter of Home Af­fairs, Malusi Gi­gaba, is tak­ing his fight with the Op­pen­heimer fam­ily to the Con­sti­tu­tional Court, af­ter the Supreme Court of Ap­peal found he gave the fam­ily per­mis­sion for a pri­vate ter­mi­nal at OR Tambo Air­port.

The judg­ment said that in 2016 the min­is­ter granted ap­proval and signed a let­ter to that ef­fect sent to Fire­blade, (the Op­pen­heimer’s avi­a­tion com­pany). This was based on two doc­u­ments and in one of them it’s claimed he had sus­pended the ap­proval.

“Gi­gaba’s sub­se­quent at­tempts to ex­plain he had not granted Fire­blade the ap­proval it sought but merely in­di­cated that ‘the ma­jor stake­hold­ers have in­di­cated that the project can go ahead’ were in­con­sis­tent with these doc­u­ments,” the judg­ment read. An­other ground that sup­ported the ap­pli­ca­tion was that there was the con­tention that a de­ci­sion by Gi­gaba on Oc­to­ber 27 last year re­ject­ing Fire­blade’s ap­pli­ca­tion stood un­til it had been set aside.

“The re­jec­tion of his ver­sion of the events on Jan­uary 28, 2016 led in­ex­orably to the con­clu­sion that Fire­blade’s ap­pli­ca­tion had been ap­proved,” the judg­ment said.

Chief among the ar­gu­ments he will send to the Con­sti­tu­tional Court is whether the min­is­ter is au­tho­rised to con­tract with pri­vate

Malusi Gi­gaba

in­di­vid­u­als.

The bat­tle’s move to the Con­sti­tu­tional Court is the min­is­ter’s sec­ond at­tempt but the ConCourt said the mat­ter had to be dealt with in the Supreme Court of Ap­peal (SCA).

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