Eastern Cape Premier stops investigation into alleged fake qualification

Eastern Cape Premier Oscar Mabuyane has halted the Special Investigating Unit’s probe into allegations that he obtained a fraudulent qualification from the University of Fort Hare, after the High Court ruled that the investigation was unconstitutional and amounted to an abuse of power. South African Daily is in possession of the full court papers, which show that the judge found the SIU acted outside its legal mandate.

The ruling was delivered on 23 October before Acting Justice Mtshabe. According to the documents, Mabuyane brought the application against the President of the Republic of South Africa as first respondent, the Special Investigating Unit as second respondent, and the University of Fort Hare as third respondent. The dispute arises from Proclamation 84 of 2022, which authorised the SIU to investigate governance failures and suspected corruption at the university.

In the written order, the court found the SIU’s actions unlawful. The order states: “The conduct of the SIU in its investigation of the Applicant is declared an abuse unconstitutional and is reviewed and set aside.” It continues: “The SIU’s decision to embark on an investigation against the Applicant is declared ultra vires the terms of the Proclamation and is reviewed and set aside.”

The court also ruled that the SIU must pay costs on scale C, including the cost of counsel. The order was signed by Registrar T Mafalala on 26 October. The court further allowed Mabuyane an extension of time to bring a judicial review under the Promotion of Administrative Justice Act on the President’s decision to refer the Fort Hare matter to the SIU.

Allegations that Mabuyane received irregular academic assistance first surfaced in 2022, when reports claimed the Premier had been admitted to a Master’s programme without meeting the requirements. This was during a period when Fort Hare faced scrutiny for widespread irregularities in postgraduate admissions involving political figures and government officials. The SIU investigation into Fort Hare forms part of a broader national probe into corruption at institutions of higher learning.

Public reaction to the judgment has been strong, with many questioning the implications of stopping an investigation. One X user said “If I have a legit qualification why would I mind investigation into my qualification. The fact that he fought to stop investigation into his qualification proves that he did not obtain it legitimately.” Another user wrote “The judge needs to be investigated. These days we cannot leave anything to chance.”

The SIU has not indicated whether it will seek further legal avenues to continue its inquiry. The University of Fort Hare has not issued a new statement on the ruling.