“I cannot wait for my arrest before exercising my rights.”
This is part of Eastern Cape Premier Oscar Mabuyane’s argument advanced to the Bhisho high court in his application last month to stop the Hawks from investigating him.
Mabuyane filed his papers on September 14, almost a month before the Public Protector released her report on Friday, in which she found him to have benefitted from R450 000 siphoned from the Mbizana local municipality.
Mabuyane claimed that the money was a private loan from then businessman, now MEC, Babalo Madikizela.
In his papers filed in the court, Mabuyane claimed that the investigation by the Hawks was a political witch hunt driven by suspended ANC Secretary General Ace Magashule in an attempt to force him to step aside from the party.
He said having pushed in the National Executive Committee (NEC) for Magashule to step aside while facing corruption charges, he believed that the former Free State premier used his influence to have members of the Hawks, based in that province to investigate him.
“My standpoint has created enemies with the implicated members of the NEC particularly Magashule. Mr Magashule was required by the NEC to step aside as a senior member of the ANC and Secretary-General, Mr Magashule has engaged in a counter-campaign against me,” stated Mabuyane.
Mabuyane said when the Hawks informed him in August that he was under investigation, he asked them whether their investigation was influenced by Magashule.
This was after a TV interview in which Magashule accused him of benefiting from the funds.
He said that the Hawks told him that they had tried to interview Magashule but he declined to give a statement.
“I indicated that it was not a coincidence that the case was being investigated by the Free State office of the (Hawks) after Mr Magashule, who was premier of the Free State and the chairperson of the ANC in that province had made allegations against me.”
Mabuyane said the allegations against him first emerged in 2019 but the Hawks only started investigating the matter once Magashule “made it a political campaign issue.”
“If there is an undue delay, with no explanation, the administrative order is not allowed to take the decision or to enforce it if its has been taken but not enforced for an unduly long period of time. The same applies to the DPCI... it cannot be allowed to investigate whenever it wishes regardless of the prejudice,” Mabuyane stated.
The premier wants the court to declare the Hawks' decision to continue to investigate him invalid, unconstitutional and unlawful. He also wants the Hawks' apparent refusal to give him information “in its investigation file” to be reviewed and set aside.
He said he was contacted by a captain from the Hawks in the Free State in July who informed him that he wanted to interview him concerning allegations of fraud and corruption against him.
A month later a warning statement was taken from Mabuyane in the presence of his lawyer. He said Hawks indicated that they were in possession of his bank statements for the period between 2016 and 2018 which is the period under investigation.
Mabuyane said he specifically asked if the Hawks investigation was connected to Magashule and also asked for supporting documents related to the corruption, fraud and money laundering case .
The premier said in a subsequent letter to his latter, the Hawks indicated that he was being investigated among others for a Jeep Cherokee which was purchased by a private company during Mabuyane's tenure as the secretary of the party in the province which was initially registered in the name of the ANC in the Eastern Cape and later Mabuyane.
Mabuyane said despite a statement being provided by Mongezeleli Dyana, who was the office manager of the ANC in the Eastern Cape which clarified how the vehicle was bought with the ANC having approached businesspeople to fund the acquisition of the vehicle, he was still being pursued by the Hawks.
“The statement (by Dyana) dispels any notion that anything vaguely resembles criminal conduct in the form of fraud, corruption and money laundering happened,” stated Mabuyane.
He said he had also provided proof which was attached to Dyana's statement that a payment to the tune of R250 000 was made after he was given an option upon being elected chairperson of the ANC in the Eastern Cape in 2017 to purchase the car or return it to the ANC.
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