By Lehlohonolo Lehana.
The Eastern Cape High Court has ruled in favour of Premier Oscar Mabuyane in stopping the Special Investigating Unit (SIU) from investigating his alleged fake masters degree obtained at Fort Hare University.
The president, the SIU and Fort Hare were listed as first, second and third respondents, respectively.
Acting Bhisho high court judge Ntsikelelo Mtshabe said in his ruling: “The conduct of the SIU in its investigation of the applicant [Mabuyane] is declared an abuse, unconstitutional and is reviewed and set aside.”
In 2017, before he became premier, Mabuyane, then the Eastern Cape chairperson of the ANC, was ostensibly working on a thesis for a master’s degree (an MAdmin) titled A Critical Analysis of the Application of the Inter-Governmental Relations Policy: The Case of Two Eastern Cape Government Departments.
In 2019, Horizon Forensics started a wide-ranging investigation into the ongoing situation at the University of Fort Hare. Mabuyane was by then the premier of the Eastern Cape.
When, in October 2020, a senior manager at the university expressed her concern that Mabuyane was registered for a master’s degree in Public Administration without meeting the minimum academic requirements for entry, namely an honours degree, it raised a flag for the university. This led to his deregistration.
Horizon Forensics, however, was only commissioned by the university to investigate Mabuyane six months later and played no part in the decision to deregister him.
Horizon Forensics’ director, Sarah Burger, found that Mabuyane had no application for recognition of prior learning on file with the university to bridge the academic gap.
Mabuyane’s supervisor was Professor Edwin Ijeoma. He resigned from the university after evidence was led against him at his disciplinary hearing that he had effectively defrauded the university of approximately R4.8-million. He was later arrested on a charge that he stole one of the university’s fleet vehicles, but this charge was withdrawn because of insufficient evidence.
According to a forensic report on Mabuyane’s thesis, there were allegations that Ijeoma was involved in the irregular registration of students and that the university had awarded them degrees in questionable circumstances.
SIU spokesperson Kaizer Kganyago on Sunday, said the ruling dealt with an earlier version of the proclamation, which has since been amended.
“The judgment is based on a Proclamation that has been amended since the initial judgment on the matter. The order issued on 20 June 2023 interdicted the SIU from enforcing Proclamation R84 of 2022, which authorised the Unit to investigate allegations of maladministration at Fort Hare University, particularly those involving Premier Mabuyane, “said Kganyago.
He explained that the investigation into Mabuyane was temporarily halted pending the outcome of Part B of the case, which focuses on the merits surrounding his admission and the awarding of his Master’s degree.
“The SIU will continue investigating all qualifications at the University of Fort Hare, including those obtained by Premier Mabuyane. In line with the SIU Act, any evidence of criminal conduct will be referred to the National Prosecuting Authority (NPA) for further action,” he said.
He concluded by noting that the SIU also has the power, under the SIU Act, to institute civil proceedings in the High Court or the Special Tribunal to recover losses resulting from corruption, fraud or maladministration.
The Eastern Cape African National Congress (ANC) welcomed the ruling.
“This judgment not only restores the honour and integrity of a dedicated servant of the people but also sends a clear message that the rule of law will not be compromised by politically motivated witch-hunts and external antagonists,” ANC provincial spokesperson Yanga Zicina said.
The ANC said it stood firmly with Mabuyane and reaffirmed its confidence in his leadership.
Mabuyane’s office released a statement noting the judgment and said he remained “committed to the principles of transparency, accountability and the rule of law”.
It said Mabuyane had instructed his legal team to “challenge the legality of the process followed by the University of Fort Hare in arriving at the decision to deregister him”.