SIU says court order barring it from investigating Mabuyane's university admission won't stop its probe

The Special Investigating Unit (SIU) said a court order barring the corruption watchdog from investigating Eastern Cape Premier Oscar Mabuyane’s university admission won’t stop its probe.

This follows confirmation of the judgment recently handed down by the Bhisho High Court concerning the SIU’s conduct in its investigations related to Mabuyane.

The SIU was probing claims that due processes were not followed when the premier was accepted to the University of Fort Hare (UFH) for a master’s degree in public administration.

The Eastern Cape High Court recently ruled in favour of Mabuyane, ruling that the SIU’s probe into his university admission was unconstitutional and an abuse of power.

The premier’s office has since confirmed that Mabuyane has instructed his legal team to challenge his deregistration by the UFH and the forensic report that the institution relied upon in making its determination.

The SIU said the court ruling doesn’t affect the probe after the watchdog requested an amendment to the initial proclamation to extend its scope and duration.

“The order, issued on 20 June 2023, interdicted the SIU from enforcing Proclamation R 84 of 2022, which authorised the unit to investigate allegations of maladministration at Fort Hare University, particularly those involving premier Mabuyane,” said SIU spokesperson Kaizer Kganyago.

“The investigation concerning premier Mabuyane was temporarily halted pending the determination of Part B, which considers the case's merits relating to the admission process and the awarding of a master’s degree. The question of the constitutional validity of the SIU’s investigation stems from the fact that Proclamation R84 of 2022 did not explicitly include master’s degrees and PhDs.”

The amendment now also authorises the SIU to investigate processes followed in the admission of master’s and PhD degrees.

The SIU said it will refer any evidence of criminal conduct uncovered during its investigation to the National Prosecuting Authority (NPA) for further action.

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