‘The president made an error’ – Mabuyane challenges SIU’s Fort Hare investigation

Eastern Cape premier Oscar Mabuyane has approached the Eastern Cape High Court in a bid to challenge President Cyril Ramaphosa’s proclamations authorising the Special Investigating Unit (SIU) to investigate allegations of corruption and maladministration at the University of Fort Hare.

The proclamation, signed in August 2022, seeks to investigate any unlawful or improper conduct by the officials, employees, service providers, suppliers to the university, and also Mabuyane’s admission at the university.

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“The SIU will investigate allegations of maladministration in the awarding of Honours degrees, mismanagement of funds and sourcing of public servants for study into various Faculty programmes by an individual for personal gain,” reads the SIU statement.

President ‘made an error’

In court papers, Mabuyane argues that the president “made an error of law by failing to understand the ambit of his powers and his discretion under the SIU Act, the president cannot authorise the SIU to investigate academic issues and affairs of a university”.

“I have been wrongly included in the ambit of the investigations in terms of the Proclamation because I was once admitted and registered for a master’s programme in Fort Hare’s Faculty of Public Administration. But even this is not a rational basis for investigating me.

“Like any other prospective student, I applied to the university for admission into a programme offered by one of the university’s faculties. I did not unduly use my position as a politician in the province and the premier of the province to influence the process.

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“Indeed, there have been no allegations that I did, there is no evidence (even of prima facie nature) that I sought to influence my admission through clandestine or unlawful means. Upon considering my application Fort Hare admitted me.

“Any issue with whether I was suited for admissions are issues that should raised with Fort Hare, not me. I did not misrepresent my qualifications in any application I submitted to Fort Hare.”

Mabuyane: ‘Fort Hare should have rejected me’

Mabuyane said in court papers that if he did not qualify for any of the programmes he applied for, Fort Hare should have rejected his application.

“That it did not do so is not a basis for any inference that I was involved in any maladministration at the university as contemplated in the Proclamation.”

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Spokesperson Kaizer Kganyago told the SABC on Thursday evening that the SIU, which is the second respondent in the matter, would defend the matter.

“We are saying that the investigation on Fort Hare will continue,” he was quoted as saying.