The Bhisho High Court has ruled that the Special Investigating Unit’s probe into Eastern Cape premier Oscar Mabuyane’s academic qualifications was abusive and must be set aside.
The applicant in the matter was Mabuyane and the respondents were President Cyril Ramaphosa, the Special Investigating Unit (SIU) and the University of Fort Hare.
However, the SIU said this did not stop them from investigating Mabuyane.
A copy of the judgment by acting justice Ntsikelelo Mtshaba indicated it was handed down on October 23.
According to the judgment, “the conduct of the SIU, in its investigation of the applicant, is declared an abuse, unconstitutional and is set aside.
“The second respondent [the SIU] shall pay the costs of the application ... such costs to include the employment of counsel.”
However, according to a statement from the SIU, the judgement did not stop them from investigating Mabuyane.
“It is based on a proclamation that has been amended since the initial judgment on the matter.
“The order issued on June 20 2023 interdicted the SIU from enforcing Proclamation R 84 of 2022, which authorised the unit to investigate allegations of maladministration at Fort Hare University, particularly those involving premier Mabuyane.
“The investigation concerning Mabuyane was temporarily halted pending the determination of Part B, which considers the case’s merits relating to the admission process and the awarding of a master’s degree.”
The SIU said it exercised its powers and decided to amend the proclamation within the context of the University of Fort Hare.
“The SIU requested an amendment to the proclamation to extend its scope and duration.
“The amendment authorises the SIU to investigate, among other issues, the university’s registration or admission of ineligible persons to enrol for, study at, or be awarded degrees, including bachelor’s degrees, honours degrees, master’s degrees and PhD degrees, or actions contrary to manuals, policies, procedures, prescripts, instructions, or practices of the university.
“This includes, but is not limited to, individuals without the required degrees or matriculation results who were admitted or awarded degrees in a manner inconsistent with university standards.
“As a result, the judgment dated October 23 2025 does not stop or hinder the SIU from fulfilling its mandate to investigate all qualifications at the University of Fort Hare, including those obtained by premier Mabuyane.”
In 2023, Mabuyane won an urgent court interdict to prevent the SIU from investigating him in relation to allegations he registered fraudulently for a master’s degree at the university.
Ramaphosa then in 2024 signed six new and two amended proclamations including one allowing the SIU to probe master’s and PhD degrees.
Under a previous proclamation, the SIU was empowered to probe only honours qualifications.
The ANC’s Eastern Cape branch welcomed the judgment, saying it had vindicated Mabuyane, who is also the party’s provincial chair.
“This judgment not only restores the honour of a servant of the people, but also sends a clear message that the rule of law will not be compromised by politically motivated witch‑hunts.
“We call upon the University of Fort Hare to desist from propagating baseless allegations against innocent citizens, and to respect the due‑process safeguards enshrined in our constitution.
“The malicious attacks on Comrade Mabuyane are, in essence, an attack on the ANC itself.”
The Herald
