Despite the Bhisho high court ruling declaring the Special Investigating Unit’s investigation into premier Oscar Mabuyane’s academic fraud allegations unconstitutional, the unit has asserted that the order referred only to the previous proclamation.
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.”
The president, the SIU and Fort Hare were listed as first, second and third respondents, respectively.
SIU spokesperson Kaizer Kganyago on Sunday declared Mtshabe’s ruling on the matter to be moot.
“What you then see is the result of part B of the previous case that he [Mabuyane] had brought in and this doesn’t affect our investigation,” Kganyago said.
UFH spokesperson JP Roodt agreed, saying the court order of October 23 2025 had caused considerable confusion.
“This is a delayed ruling and refers to the very first proclamation,” he said.
“SIU investigations under the latest amended proclamation of 2024 — including the registration or admission of non-eligible persons to enrol for, study for or be awarded degrees, including bachelor’s degrees, honours degrees, master’s degrees and PhD degrees — is at an advanced stage of finalisation according to the university’s understanding."
In October 2024, President Cyril Ramaphosa gave the SIU the green light to widen its probe into academic fraud at the university.
Ramaphosa signed six new and two amended proclamations — the latter relating to maladministration and corruption allegations at Fort Hare and the national and provincial departments of transport.
Under the previous proclamation, the SUI probe into the awarding of degrees specifically focused on honours qualifications, this was extended to include bachelor’s, master’s and PhD degrees.
On Sunday, Ramaphosa’s spokesperson, Vincent Magwenya, said the ruling had been noted.
In 2023, Mabuyane won an urgent court interdict to prevent the SIU from investigating him in relation to allegations that he had fraudulently registered for a master’s degree.
He had approached the court to interdict the SIU and declare its investigation unlawful.
Mabuyane, who holds an economics degree from the university, was deregistered and excluded from a master’s degree at Fort Hare in 2021. He denied any wrongdoing.
The Eastern Cape 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.
On Sunday, 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”.
Daily Dispatch
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