SIU confirms foul play in EC premier's further studies at UFH

The Special Investigating Unit (SIU) has accused Eastern Cape premier Oscar Mabuyane of failing to co-operate in their probe into his alleged illegitimate Master’s thesis. 

In papers filed at the Bhisho high court last week, SIU’s principal forensic auditor Bongani Tshuku wrote that the unit has evidence showing foul play in the premier’s pursuit of the Master’s degree at the University of Fort Hare (UFH).

Tshuku said the affidavit was in response to Mabuyane’s urgent high court bid to prevent the SIU’s investigation into allegations of academic fraud linked to him that have rocked the university.

“…The SIU has found evidence which, prima facie, shows that a team of university officials and researchers produced a thesis on behalf of Mabuyane, who was pursuing Master’s and doctorate qualifications at the relevant time without having been awarded an honours degree or its equivalent,” said Tshuku.

“It appears that Mabuyane was irregularly registered and admitted for a Master’s degree without satisfying the prerequisite of having an honours degree. It further appears that Mabuyane was already enrolled for a PhD degree at the time he registered for the Master's degree.”

Tshuku further accused Mabuyane of failing to co-operate with the SIU probe.

The SIU is investigating allegations that former university’s public administration faculty dean Prof Edwin Ijeoma assisted Mabuyane to be irregularly admitted into a Master’s programme.

Tshuku said Mabuyane’s claim that he supported the probe into corruption and maladministration at the university only extended to so far as he was not implicated in any of the evidence collected by the SIU or was not affected by the unit’s discharge of its legal powers.

“The stance adopted by Mabuyane suggests a willingness to protect his own interest rather than demonstrate a commitment to the rule of law [and] equality before the law...

“Supporting an investigation only when one isn’t implicated creates a double standard. It implies that some individuals are above the law or can evade accountability based on their position of power. The interim interdict sought by premier Mabuyane accordingly threatens to erode public trust in the fairness and integrity of the legal system,” Tshuku said.

He also accused Mabuyane of failing to back up his allegation that the SIU was engaged in a malicious plan to embarrass him and had engaged in an abusive probe against him.

He said Mabuyane had initially co-operated with the SIU probe, however, he later sought to stop the entire process of investigating him and other implicated persons.

Tshuku said Mabuyane had failed to provide the documents requested by the SIU from him in the notice issued by the unit under sections of the SIU Act.

“[Mabuyane] is requested to provide such document to the SIU as soon as possible and ahead of the hearing of this matter. His failure to do so would reveal that his offer to fully co-operate with the SIU was false.”

He said Mabuyane’s claim that the SIU had sought a search and seizure warrant relating to his private residence was false. “The SIU hasn’t exercised any powers concerning Mabuyane outside of its legal authority under the proclamation and the SIU Act.

“Mabuyane contends that the proclamation doesn’t mention any investigation into the Master’s programme. The proclamation empowers the SIU to exercise the powers set out … in relation to allegations that are ‘relevant to, connected with incidental or ancillary’ to matters mentioned in the schedule.

“Those matters include, among others, maladministration in the affairs of the university’s faculty of public administration in relation to the awarding of honours degree, management funds and sourcing of public servants for study into various faculty programmes by an individual for personal gain,” he said.

“For the reasons set out above, I ask that the [Mabuyane’s] application be dismissed with costs, including the costs of two counsels, on an attorney and client scale.”