Fresh claims by two former University of Fort Hare senate members have added weight to Eastern Cape premier Oscar Mabuyane’s long-running challenge to his 2021 deregistration from a master’s degree programme, just weeks before the matter returns to court.
Former student leaders Fezile Mtyhida and Sibusiso Zonke have submitted sworn affidavits alleging that the decision to deregister Mabuyane was irregular and did not follow proper university processes.
Their claims focus on the conduct of suspended vice-chancellor Prof Sakhela Buhlungu, who they allege bypassed established academic procedures and effectively dictated the outcome to the senate.
Mabuyane confirmed on Tuesday that his application to have the deregistration reviewed and set aside would be heard on June 18 — the first time the dispute will be fully ventilated before a court.
Mtyhida, a former Pan Africanist Student Movement of Azania (Pasma) SRC leader who served on the senate at the time, said he came forward after noting that those present at the meeting had not disclosed how the decision was taken.
The senate members were not afforded any chance to debate the matter, with the VC dictating to all that the student should be deregistered.
— Fezile Mtyhida
In his affidavit, he alleges the matter was not processed through the faculty board — a key procedural step — and was instead pushed directly to senate by Buhlungu.
“The senate members were not afforded any chance to debate the matter, with the VC dictating to all that the student should be deregistered,” Mtyhida said.
He said no faculty report or minutes were tabled, describing the process as “unprocedural” and in violation of university policy.
Mtyhida said the issue had haunted him for some time, but he initially remained silent out of fear of victimisation while still at the institution.
Zonke, who also served on the senate between 2017 and 2022, makes similar claims in a separate affidavit, describing the handling of the matter as unprecedented.
“It was strange that the matter of the student was not led by the faculty of commerce where the student was registered,” he said.
He alleged that attempts to raise procedural concerns during the meeting were dismissed.
“The VC gave no member of the senate a chance to advise … He spoke alone and singlehandedly took a decision,” Zonke said.
He could not be reached for comment on Tuesday.
University spokesperson JP Roodt said: “The matter is sub judice and currently before the courts.
“It would therefore not be appropriate for the university to comment at this stage.
“The university will allow the legal process to take its course.”
Mabuyane’s spokesperson, Sonwabo Mbananga, said the premier had taken note of the affidavits, which he said appeared to corroborate his long-held position that the deregistration was irregular, procedurally flawed and unjust.
“The contents of the affidavits, if proven to be accurate, raise serious concerns about the integrity of the processes followed and point to the possibility of undue interference,” Mbananga said.
He said the claims were deeply troubling, suggesting the matter may have had a sustained impact on the premier’s personal and professional reputation.
“It is therefore both shocking and vindicating to learn that there may be credible evidence pointing to a different narrative,” he said.
In court papers seen by the Sunday Times’ sister publication, the Daily Dispatch, Mabuyane argues that he followed the necessary processes to be admitted to the programme, including through the university’s recognition of prior learning policy, which allows admission without an honours degree.
He claims his difficulties began after he publicly criticised Buhlungu over the university’s handling of a series of violent student deaths.
“I said he was demonstrating a lack of leadership and was unresponsive to the cries of students and those affected by the tragic deaths at the university,” Mabuyane states in his papers.
The premier is seeking an order declaring his deregistration unlawful and setting aside both the decision and a forensic report that allegedly implicated him in wrongdoing in relation to his admission.
Mabuyane, who obtained a commerce degree from Fort Hare in 2002, was admitted to the master’s programme despite not holding an honours degree — a move he says was in line with established policy.
He has previously gone to court to block attempts by the university and the Special Investigating Unit to probe his admission outside the scope of a presidential proclamation.
That proclamation was later amended, but the findings of the investigation have yet to be made public, despite calls from political figures including EFF leader Julius Malema.
Last week, Mabuyane launched an urgent defamation lawsuit against Malema after he accused him publicly of improperly obtaining the qualification.
The affidavits submitted by Mtyhida and Zonke are expected to form part of the evidence before court when the matter is heard in June, potentially shaping what is likely to be a closely watched legal and political contest.
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