Terminal an appeal matter
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
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).