Johannesburg - Premier of the Eastern Cape Oscar Mabuyane has amended his court application to interdict the Special Investigating Unit and President Cyril Ramaphosa from continuing their investigation into an alleged bogus degree he obtained from the University of Fort Hare.
The embattled Mabuyane filed his application at the Bhisho High Court on Thursday, in a bid to avoid a possible hiding from President Ramaphosa.
In the amended notice, the premier’s attorneys have amended the relief he seeks in Part B of the application.
Last week, he filed papers citing President Cyril Ramaphosa, the SIU and the university as respondents.
In a statement issued by the SIU, Advocate Aubrey Mothibi said Mabuyane had requested that the proclamation be declared invalid and unlawful, and for it to be set aside.
“Initially he had intended to ask the court to declare President Ramaphosa’s request for the SIU to investigate maladministration at Fort Hare unlawful and invalid.
“Mabuyane now does not want the proclamation to be declared invalid or set aside – just the investigation by the SIU regarding him,” said Mothibi.
Mabuyane has said the SIU investigation against him is outside the scope of the proclamation, and has labelled it abusive and unconstitutional.
“It declared that the conduct of the SIU in the investigation of the applicant (Mabuyane) is abuse, unconstitutional, and it (should be) reviewed and set aside”. The reference to the president’s alleged unlawful and invalid conduct has now been removed.
“It is declared that the SIU’s decision to embark on an investigation against the applicant (Mr Mabuyane) is ultra vires in terms of the proclamation, and (should be) reviewed and set aside,” reads part of the amended application.
He has further argued in the new amended papers that his decision to “amend” the court papers was taken because he was “advised” to narrow the scope.
Mabuyane says he is a victim and has been abused by both the university and the SIU. He argues further that the SIU has abused its power to cause him embarrassment.
In the midst of this, the embattled premier continues to argue that he fully supports the investigation into maladministration.