The Special Investigating Unit (SIU) has confirmed it will proceed with its wide-ranging investigation into the controversial awarding of degrees at the University of Fort Hare (UFH), asserting that a recent Bisho High Court ruling does not halt its work.
The judgment, which was celebrated by the African National Congress (ANC) in the Eastern Cape, declared the initial investigation unconstitutional and set it aside, ordering the SIU to pay legal costs.
The Basis for the SIU’s Persistence
Despite the initial setback in the high court, the SIU maintains its legal authority to continue the probe based on a critical procedural distinction:
- Amended Proclamation: The High Court’s ruling focused specifically on Proclamation 84 of 2022. However, the SIU noted that this proclamation was subsequently amended in 2024 to extend both the scope and the duration of the investigation into UFH’s affairs.
- Legal Standing: By relying on the updated 2024 amendment, the SIU believes the original court order is now moot concerning the current investigation mandate.
The qualifications under the spotlight include those of Eastern Cape Premier, Lubabalo Oscar Mabuyane, who initiated the legal challenge against the original 2022 proclamation. The SIU’s continued push signals that Premier Mabuyane’s academic qualifications remain a key part of the broader investigation into potential corruption and maladministration at the university.
The ongoing tussle highlights the complexity of corruption probes in South Africa, where legal challenges often run parallel to the substantive investigations. The SIU’s determination to proceed underscores the gravity of the allegations surrounding the university’s degree and tender processes.
