Calls continue to mount for President Cyril Ramaphosa to axe Home Affairs Minister, Malusi Gigaba, following Public Protector Busisiwe Mkhwebane’s report concluded that Gigaba lied under oath during the Fireblade Aviation case.
Gigaba has been embroiled in a number of scandals over the years- including state capture and the most recent leak of a sex video - calling into question his fitness to hold office.
Joanne Joseph spoke to constitutional law Expert, Phephelaphi Dube about what the president's rights are if he decides to fire Gigaba.
Once a person is in office they have to abide by a certain standard and arguably once that standard has been transgressed then the president has been transgressed then the president has all the more reason to remove that person from office but it is ultimately a political decision.— Phephelaphi Dube, Constitutional law Expert
We also need to understand that members of the Cabinet are not ordinary civil servants so in the sense that there wouldn't be labour laws applying so there wouldn't even be a disciplinary procedure for example, so in that regard, there is a very low bar...— Phephelaphi Dube, Constitutional law Expert
Speaking on the Democratic Alliance's court bid to have Gigaba removed, Dube says the opposition party has a strong case.
There is certainly enough precedent to suggest that the DA might have a case going forward because the law is quite clear that the President must always act rationally and in this instance, the case would be is it a rational decision to keep Malusi Gigaba in that office?— Phephelaphi Dube, Constitutional law Expert
Click on the link below to listen to the full conversation...