Mabuyane’s research proposal must be probed, says Fort Hare vice-chancellor

There is clear prima facie evidence that Eastern Cape premier Oscar Mabuyane was complicit in “unethical preparation” of his research proposal for his master’s degree and this should be investigated, Fort Hare vice-chancellor Sakhela Buhlungu says.

Buhlungu responded in an affidavit to Mabuyane’s urgent high court bid to stop the SIU’s investigation of allegations of academic fraud pertaining to him.

Mabuyane initially sought to have the entire proclamation set aside as unconstitutional and to stop the investigation. However, he amended his papers last week to stop the investigation only so far as it pertains to him.

He claims the scope of the proclamation authorising the SIU’s investigations did not envisage an investigation into him.

Among issues, the SIU is investigating allegations that disgraced former UFH public administration faculty dean Prof Edwin Ijeoma assisted Mabuyane to fake his way into a master’s programme.

Mabuyane has vehemently denied this and says the entire investigation is being driven to embarrass him.

But Buhlungu says it is clearly in the public interest that allegations – including those involving Mabuyane – be investigated and it is in line with the proclamation.

He dismissed Mabuyane’s contention that there was a malicious plan to embarrass him.

 “If there is any embarrassment, [Mabuyane] has brought it on himself by launching this application requiring the university and SIU to publicly explain the reasons for the investigation.”

Buhlungu also outlines widespread shocking incidents of corruption, including serious allegations of academic fraud at the university, which he says were key in the university’s decision to involve the SIU.

He describes the “vast criminal networks” within the university as alarming and says the institution would never have coped without the intervention of the SIU, whose investigation was authorised by a proclamation issued by President Cyril Ramaphosa last year.

Investigations by forensic firms appointed by the university to investigate serious reports of corruption and maladministration had made some shocking findings involving millions of rand lost.

Cases of academic fraud included an “ex-president’s daughter” employed at the university to recruit public sector employees to study.

Buhlungu said the forensic team had exposed that a woman, whom he does not name, was assisted by Ijeoma in all her postgraduate studies. He had:

• Recommended her to be considered for a master’s degree “despite the major corrections required by the external examiner”;
• Given her preferential treatment in processing her application to study for a doctorate; and
• Facilitated the “swift marking of her doctoral dissertation despite serious plagiarism findings raised by one of the examiners”.

Buhlungu said findings included admission of high-ranking politicians to study without the required qualifications, including former MEC Sindiswa Gomba.

The cases of corruption involving millions exposed by the forensic audits which the university did not have the capacity to investigate without the SIU included:

• A cleaning services contract which never went through procurement procedures in 2017 extended on a month-to-month basis leading to a R19.2m loss; and
• An employee who manipulated the outcome of procurement processes, approving quotes from relatives and friends.

With the SIU’s help the university had initiated disciplinary action against several employees and had tracked millions in former employees’ bank accounts.

The Asset Forfeiture Unit had obtained provisional restraint orders against the assets of several implicated companies and individuals.

“Considering the extent of the maladministration, of the university and the corruption and theft that followed, the SIU with its resources and far-reaching powers can achieve what is necessary, promptly.”

While Mabuyane at the last minute narrowed the focus of his interdict application, he maintained in court papers that the SIU was mandated only to investigate state institutions and Fort Hare did not fall under this.

But, Buhlungu said the university clearly was a state institution and was largely funded by the state.

This included “block funding” to the tune of R5bn since 2015 — which amounted to 40% of the university’s operating income.

Student fees over the same period amounted to R3.4bn, most of which was indirectly funded by NSFAS. It also received R1.6bn in state research grants — some 14% of the university’s income. Over the last decade it had received more than R1bn in infrastructure funding.

This was public money as defined in the SIU act.

Buhlungu asked that the Bhisho high court to dismiss Mabuyane’s application for an urgent interdict and order him to pay legal costs on a punitive basis, including the wasted costs caused by his last-minute amendment.