Cape Town - The Special Investigating Unit (SIU) will join the University of Fort Hare (UFH) in a bid to thwart Eastern Cape Premier Oscar Mabuyane's attempt to interdict the unit from probing him over a degree scandal.
President Cyril Ramaphosa’s proclamations authorised the SIU to investigate allegations of corruption and maladministration. Among the respondents in Mabuyene’s case is Ramaphosa.
Last year, the SIU announced it would be probing all allegations of maladministration at the university after allegations came to light regarding the awarding of honours degrees from the institution.
In his court papers, Mabuyane said he became aware that he was implicated in the ambit of the SIU's investigation and is being investigated.
“I am advised and submit that the president's decision to issue the proclamation is invalid and unlawful and falls to be reviewed and set aside.”
He argues, Ramaphosa made an “error of law”; by failing to understand the ambit of his powers and his discretion under the SIU Act.
“The president cannot authorise the SIU to investigate academic issues and affairs of a university. I have been wrongly included in the ambit of the investigations in terms of the proclamation because I was once admitted and registered for a Master's programme in Fort Hare's Faculty of Public Administration. But even this is not a rational basis for investigating me.
“Like any other prospective student, I applied to the university for admission into a programme offered by one of the university's faculties,” read Mabuyane’s court papers.
He claims he did not unduly use his position as a politician in the province and as premier to influence the process.
SIU spokesperson, Kaizer Kganyago said: “We are going to oppose the application. The investigation is ongoing and will continue.”
UFH vice-chancellor and principal Professor Sakhela Buhlungu said the proclamation targets very specific irregular practices at the Bhisho campus involving the Department of Public Administration.
“Internal and external investigations enable the university to understand, examine and address matters that have adversely affected the institution in the past,” said Buhlungu.
In a similar case in 2021, Mabuyane launched a successful bid in the Eastern Cape High Court in Bhisho to halt a probe by the Hawks following Public Protector Busisiwe Mkhwebane’s findings against him.
This was in relation to allegations that he benefited an amount of R450 000 from R1.1 million syphoned out of the coffers of the provincial government.
Political analyst Dr Levy Ndou said that Mabuyane’s move to approach the court was not a wise decision.
“Our Constitution promotes transparency and accountability.
That’s one of the founding provisions. If one has nothing to hide they won’t have a problem with any investigation. Mabuyane is not being properly advised. His advisers are doing him a disservice.
“Him constantly approaching the courts when faced with investigations creates suspicion that he is hiding something. It puts him in a very compromising position,” said Ndou
Political analyst Sysman Motloung said: “What he is doing is not different from what his other comrades do, like the president himself. Mabuyane understands that should this go ahead it might compromise his political standing and he is playing the same card he played in the Hawk’s case, he is hoping that he will win at this same time he should be transparent, the more people defend the more suspicious they look.
The country’s political landscape lacks strong individual accountability.”
Cape Times