Eastern Cape premier Oscar Mabuyane has successfully interdicted the Special Investigating Unit (SIU) from probing his University of Fort Hare (UFH) qualifications in part A of a court application.
However, part B, in which he seeks to have the process reviewed, declared unconstitutional and set aside, has not been heard.
In 2022 President Cyril Ramaphosa signed a proclamation authorising the SIU to investigate corruption and maladministration at the university.
The unit is also investigating allegations of corruption involving four UFH tenders.
In a ruling on Tuesday, East London high court judge Thandi Norman said the proclamation was not consistent with the investigation.
“I accordingly find the complaint by the applicant [Mabuyane] in this regard is justified.
“Inasmuch as the applicant was aware of the proclamation as early as 2022, his allegation that he became aware that the investigation was directed at him when he received a notice from the SIU is supported.
“This explanation is reasonable because up until that time there was no indication that he was the subject of an investigation and it is not denied that he does not possess an honours degree.”
In terms of the proclamation, the SIU was authorised to probe maladministration in the university’s faculty of public administration regarding the awarding of honours degrees, the management of funds and sourcing of public servants for study in various faculty programmes by an individual for personal gain.
The SIU was investigating Mabuyane's allegedly fraudulent submission of a research proposal for a master’s degree in public administration, with the “help” of former faculty dean Prof Edwin Ijeoma.
The proclamation relates to honours, not master’s degrees.
“Insofar as the master’s degree is concerned, there is nothing stopping the SIU from preparing a motivation, as it did with the earlier proclamation, and request the president to proclaim that the registration for a master’s degree should too be investigated,” Norman said.
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