Eastern Cape premier Oscar Mabuyane has successfully interdicted the Special Investigating Unit (SIU) after he pointed out in court that the unit did not place his master's and doctoral qualifications in the proclamation as matters that needed to be investigated.
This is contained in a judgment that was delivered by Bhisho High Court judge Thandi Norman on Tuesday in a case where Mabuyane sought to interdict the SIU from investigating his qualifications from the University of Fort Hare (UFH) in Part A of his application.
The proclamation only includes honours and not master’s degree.
However, Part B of his application, in which he seeks to have the entire process reviewed and declared unconstitutional, was yet to be heard.
In 2022, President Cyril Ramaphosa signed a proclamation authorising the SIU to investigate corruption and maladministration at the university.
“In so far as the master’s degree is concerned, there is nothing stopping the SIU from preparing a motivation as it did with the earlier proclamation and request the president to proclaim that the registration for a master’s degree should too be investigated,” Norman said.
The SIU is also investigating allegations of corruption involving four UFH tenders.
In the ruling, Norman said after having looked at the proclamation signed by Ramaphosa, it was not consistent with the investigation.
According to the proclamation, matters that the SIU needed to probe included the procurement of or constructing for goods and services by or on behalf of the University of Fort Hare and payments made in respect of payments thereof in a manner that was not fair, competitive, transparent, equitable or cost-effective.
“The motivation made by the SIU to the president [Cyril Ramaphosa] was very specific and it excluded the master's programme.
"The motivation for the proclamation by the minister of justice and correctional services deals specifically with matters that fall under the... SIU Act which provide that the president may exercise the powers on the ground of, inter alia, any alleged serious maladministration in connection with the affairs of any state institution, improper or unlawful conduct by employees of any state institution, unlawful appropriation or expenditure of public money or property, unlawful, irregular or unapproved acquisitive act or transaction...”
Norman said the proclamation clearly specified that they should deal with the awarding of the honours degree only.
“Having looked at the purpose and context of the proclamation, the interpretation that the university and the SIU seek to accord to it, is with respect, not consistent with what is expressly stated therein,” she said.
“I accordingly find that the complaint by the applicant [Mabuyane] in this regard is justified.
“In as much as the applicant was aware of the proclamation as early as 2022, his allegation that he became aware that the investigation was directed at him when he received a notice from the SIU, is supported.
“This explanation is reasonable because up until that time, there was no indication that he was the subject of an investigation and it is not denied that he does not possess an honours degree.”
The SIU was investigating how Mabuyane allegedly fraudulently submitted a research proposal for a master’s degree in public administration at the university, allegedly with the help of former faculty dean Prof Edwin Ijeoma.
The SIU said it was considering legal options following the interim interdict.
"The SIU has noted a Bisho High Court order handed down on Tuesday by Judge TV Norman on a matter brought by Eastern Cape premier Oscar Mabuyane," said spokesperson Kaizer Kganyago.
"The SIU has studied the judgment and is happy that it does not interdict or suspends the Fort Hare University investigation in its entirety. We are also optimistic that we will present our case when Part B of this matter is heard," he said.
- Additional reporting by HeraldLIVE
sibanyonim@sowetan.co.za
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