The Special Investigating Unit (SIU) is unrelenting in its investigation of Eastern Cape premier Oscar Mabuyane over alleged academic fraud in obtaining a master’s degree from the University of Fort Hare.
The unit said yesterday that Mabuyane is not off the hook despite the Bhisho high court declaring the unit’s probe based on its initial proclamation unconstitutional.
The SIU had been investigating the awarding of undergraduate and postgraduate degrees at the University of Fort Hare.
However, according to the SIU, its current investigations into academic fraud at the university are based on an amended proclamation obtained last year.
We will continue to investigate the matter based on the amendment proclamation
— Kaizer Kganyago, SIU spokesperson
The amendment uncovered the need for SIU to explore further areas not covered by the original proclamation granted in 2022, which did not specifically include investigating master’s degrees and PhDs.
SIU spokesperson Kaizer Kganyago told Sowetan that the Bisho high court judgment did not affect their investigation, which is at an advanced stage.
“We note the judgment, but things have moved on in terms of us having a new proclamation. The [judgment] is moot. We will continue to investigate the matter based on the amendment proclamation,” Kganyago said, adding that Mabuyane has not been vindicated.
Acting Bhisho high court judge Ntsikelelo Mtshabe said in his ruling: “The conduct of the SIU in its investigation of the applicant [Mabuyane] is declared an abuse, unconstitutional and is reviewed and set aside.”
The SIU and Presidency were cited as respondents on the matter.
Mabuyane, who holds an economics degree from the university, was deregistered and excluded from a master’s degree at Fort Hare in 2021. He denied any wrongdoing.
Kganyago said in 2023, Mabuyane won an urgent court interdict to prevent the SIU from investigating him in relation to allegations that he had registered fraudulently for a master’s degree at the university.
He said the court had made it clear that where there is evidence of unlawful conduct in so far as the master’s degree is concerned, there is nothing stopping the SIU to request the president to proclaim that the registration for master’s degree, too, should be investigated.
Mabuyane had approached the court to interdict the SIU and declare the investigation of the SIU unlawful and set it aside.
Part B of the application was based on the merit of the case. “We [SIU] decided not to challenge the matter but to approach the president asking for an amendment of the proclamation. The [Bisho] judgment that was handed down is for the previous case,” said Kganyago.
While the ANC in the Eastern Cape claimed the court judgment “restored the honour and integrity of Mabuyane”, Kganyago said the order does not stop or hinder the SIU from fulfilling its mandate.
The SIU’s mandate is to investigate all qualifications at Fort Hare, including those obtained by Mabuyane.
UFH spokesperson JP Roodt said the court order had caused considerable confusion. “This is a delayed ruling and refers to the very first proclamation,” he said.
“SIU investigations under the latest amended proclamation of 2024 — including the registration or admission of non-eligible persons to enrol for, study for or be awarded degrees, including bachelors degrees, honours degrees, master’s degrees and PhD degrees — is at an advanced stage of finalisation according to the university’s understanding."
Ramaphosa’s spokesperson Vincent Magwenya said the ruling had been “noted”.
Yesterday, Mabuyane’s office released a statement noting the judgment and said he remained “committed to the principles of transparency, accountability and the rule of law”.
It added that Mabuyane had instructed his legal team to “challenge the legality of the process followed by the University of Fort Hare in arriving at the decision to de-register him”.
Sowetan
