ANC accuses the SIU of harassing Eastern Cape Premier

The ANC in the Eastern Cape has accused the Special Investigating Unit (SIU) of “abusing its authority” in its probe into alleged irregular admissions at the University of Fort Hare.

It alleged the unit is “unlawfully targeting” Premier Oscar Mabuyane under a proclamation that did not initially cover master’s degrees, which the SIU has denied.

Mabuyane has been at the centre of controversy over his academic qualifications since 2021, when the University of Fort Hare deregistered him amid allegations that proper admission procedures were not followed.

The SIU was later authorised to probe alleged corruption and maladministration at the university, including irregular enrolments and awarding of degrees.

Mabuyane successfully obtained a court interdict in 2023 limiting the scope of the SIU’s investigation, but the Unit later had its mandate amended to include master’s and doctoral degrees, keeping him within its probe.

But ANC provincial spokesperson Yanga Zicina told Newzroom Afrika that Mabuyane was made the “centre of an investigation” not authorised by the original SIU mandate.

Zicina said that the Premier was deregistered by the university, allegedly without being given an opportunity to respond.

He argued the Premier never held a master’s degree and sought postgraduate entry through the legitimate Recognition of Prior Learning process, making any admissions errors the university’s responsibility.

The Eastern Cape High Court recently ruled that the SIU’s probe into his university admission was unconstitutional and an abuse of power.

The premier’s office has since said that Mabuyane has instructed his legal team to challenge his deregistration by the university and the forensic report that the institution relied upon in making its determination.

However, the SIU said the court ruling does not affect the probe after the watchdog requested an amendment to the initial proclamation to extend its scope and duration.

SIU’s response

But the SIU has rejected any suggestion of misconduct. In a detailed statement, it said the courts did not find evidence of malice and that its investigation remains fully authorised.

The Unit noted that the June 2023 order by Judge T.V. Norman only temporarily halted enforcement of Proclamation R84 of 2022 pending a decision on the merits of Mabuyane’s case.

Citing the judgment, the SIU highlighted that:

• Paragraph 66 affirms the SIU may seek a new proclamation if evidence of unlawful conduct regarding a master’s degree emerges; and
• Paragraph 83 finds “no evidence” of malice by the Unit.

The SIU said the constitutional issue arose because the original proclamation did not explicitly include master’s and doctoral degrees, prompting the Unit to request an amendment.

Proclamation 194 of 2024 now expands the mandate to cover admissions and qualifications at all levels, including bachelor’s, honours, master’s and PhD degrees.

The amendment, the SIU said, was driven by evidence that further investigation was necessary.

“The judgment dated 23 October 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,” it said.

In the same interview in which the SIU was accused of malice, Zicina said the ANC accepts the amended proclamation and that Mabuyane will cooperate, but maintains that the Premier was treated unfairly in earlier stages of the process.

He added that anyone found guilty of wrongdoing, including Mabuyane, must face consequences, though the party believes the Premier has done nothing wrong.

The SIU said any evidence of criminality uncovered will be referred to the NPA, and civil recovery action may be taken where corruption or maladministration is found.