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June 20, 2023

EC Premier successfully interdicts the SIU from investigating his degree

Oscar Mabuyane will not be included in the Fort Hare University investigations
Photo:ANC

Eastern Cape Oscar Mabuyane has won his bid to interdict the Special Investigating Unit (SIU) from investigating him as part of the ongoing corruption investigation at the University of Fort Hare. Mabuyane is accused of registering for a Masters degree without completing his Honours.


TAKING THE MATTER TO COURT 


Mabuyane approached Bhisho High Court earlier this month in a bid to have the court declare the investigation into his qualifications invalid. SIU alleged that Mabuyane fraudulently submitted a research proposal for a master's degree in Public Administration with the help of former Public Administration faculty dean, Professor Edwin Ijeoma. In court papers, Mabuyane said President Cyril Ramaphosa 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. The SIU has started the investigation. I have come to understand that I am implicated in the ambit of the SIU's investigation and I am being investigated. I am advised and submit that the president's decision to issue the proclamation is invalid and unlaw,' court papers read.


ACADEMIC FRAUD AT FORT HARE


President Cyril Ramaphosa gave SIU the green light last year in August last year to investigate the maladministration and corruption at the university.SIU spokesperson Kaizer Kganyago said at the time that the investigation would focus on the allegations of maladministration in the awarding of honours degrees, mismanagement of funds and sourcing of public servants to study in various faculty programmes by individuals for personal gain. The probe by SIU also fingered Minister of Public Service and Administration Noxolo Kiviet. Kiviet obtained a Master's degree in Public Administration from the university.


SIU LOOKING AT LEGAL OPTIONS 


Speaking to Newzroom Afrika after the ruling today, Kganyago said they would be engaging their lawyers on the matter to look at the options available for them. "This matter is in two parts, we will deal with the merits of the case. The interdict is just saying we should not investigate him until we are done with part B. The other parts of the investigation will continue as planned,' Kganyago said. In response to Mabuyane's urgent court application two weeks ago, principal forensic auditor Bongani Tshuku said they found evidence which, prima facie, shows that a team of university officials and researchers produced a thesis on behalf of Mabuyane. "It appears that Mabuyane was irregularly registered and admitted for a Master's degree without satisfying the prerequisite of having an honours degree."

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