Cape Town - President Cyril Ramaphosa wants Eastern Cape Premier Oscar Mabuyane’s court challenge of his proclamation for a Special Investigation Unit (SIU) investigation over an alleged bogus degree, to be struck off the roll, citing that he had been put to “extreme prejudice” in the preparation of his answering affidavit in the case.
Mabuyane had approached the Bhisho High Court in an effort to stop the SIU investigation against him, authorised by Ramaphosa, into allegations of maladministration and impropriety related to his Master’s research proposal.
According to the SIU report, Mabuyane allegedly solicited the assistance of former University of Fort Hare (UFH) Professor Edwin Ijeoma and his team of research assistants and ghostwriters to help flesh out his master's proposal despite not meeting the requirements to pursue the qualification.
Mabuyane seeks to challenge Ramaphosa’s proclamations that authorised the SIU to investigate him.
He argues that the SIU investigation against him is outside the scope of the proclamation, and has labelled it abusive and unconstitutional.
Mabuyane’s supplementary papers accuse the SIU of attempting to bring him within its net through a “dubious” interpretation of the proclamation.
“This is why it was necessary to bring this application to stop the abuse by the SIU.”
“Despite my unequivocal attempts to cooperate with the SIU’s investigation, the SIU has demonstrated particular antipathy towards me. It has sought to invoke draconian tactics and unfairly oppressive measures against me with no justification whatsoever. The SIU’s conduct in applying for a search and seizure and issuing the notice subpoenaing me under threat of criminal prosecution was unnecessary, was a clear abuse and attempted overreach. It demonstrates bad faith despite clearly indicating that I want to cooperate with the SIU in the investigation.”
In his 38-page responding affidavit, Ramaphosa, said he “literally’’ had one night to finalise the answering affidavit due to his busy schedule.
“Based on the foregoing, I submit that the applicant has little to no prospects of success in his judicial review.
“I have set out my answers to the applicant’s claims in the judicial review, at this stage, to demonstrate that the prima facie right asserted by the applicant in the interdict proceedings, that is his right not to be subject to a unlawful or unconstitutional administrative or executive decisions, is simply not sufficient to demonstrate a prima facie right or risk of irreparable injury to that right, which must be protected in the interim, pending the determination of that judicial review,” read the affidavit.
“To the extent that the applicant has belatedly (as at noon on Thursday 8 June 2023) sought to limit the interim relief that he seeks, to the investigation being conducted by the SIU as it pertains to him, then I must point out that the applicant has other remedies available to him, if he contends that the SIU or UFH are misconstruing the terms of the Proclamation and investigation that I authorised.
“I ought not to have been dragged to court on an urgent basis if that is his real concern.”
The applicant ostensibly acts in his own interest and at no point claimed to be acting in any representative or public interest capacity. It ought to have been evident at the very outset that he lacked focus stand to seek to interdict the entire investigation, even over matters which on his own version had nothing to do with him.”
Ramaphosa also wants Mabuyane’s review to be struck off the roll or be dismissed with costs.
“To the extent that such maladministration at UFH exists, my view is that it must be investigated, uncovered, stopped and remedied. This alone warranted the proclamation, which was proper and lawful,” said Ramaphosa.
UFH Vice Chancellor Professor Sakhela Buhlungu said that there is clear prima facie evidence that Mabuyane was complicit in “unethical preparation” of his research proposal for his master’s degree.
“However, during the course of the investigation into the maladministration perpetrated by Professor Ijeoma and his staff, the university has discovered that there is prima facie evidence of the applicant’s complicity in having his research proposal for his master’s degree prepared for him by post doctoral students under the guiding hand of Professor Ijeoma.
“It is essential for the university’s reputation that the investigation into the applicant’s complicity continues and is dealt with expeditiously. I am advised that he suffers no more prejudice than any other person being investigated whether by the SIU or the Hawks,” read Buhlungu’s affidavit.
Cape Times