Mabuyane has reportedly instructed his legal team to challenge the University of Fort Hare's decision to deregister him.
The Special Investigating Unit (SIU) has confirmed that its investigation into alleged academic irregularities at the University of Fort Hare will continue, despite a recent High Court ruling that declared an earlier probe into Eastern Cape Premier Oscar Mabuyane unconstitutional.
The Bhisho High Court issued an order on 23 October 2025, finding the SIU’s initial investigation into Mabuyane, conducted under Proclamation 84 of 2022, to be an abuse of power and ultra vires.
However, the investigating body maintains that this ruling does not affect its current work, which is being conducted under an amended proclamation issued in 2024.
SIU amended proclamation enables broader investigation
The SIU explained that the original 2022 proclamation did not explicitly include master’s degrees or PhDs in its scope, which formed the basis of Mabuyane’s successful legal challenge.
The question of constitutional validity stemmed from this omission, prompting the unit to exercise its powers and amend the proclamation.
“We have moved as an organisation. We went and amended the proclamation. It was reissued. The new one was issued in 2024, and our investigations now are based on that particular one and not the one of 2022,” SIU spokesperson Kaizer Kganyago told Newzroom Afrika.
In its official statement, the SIU said: “This amendment was prompted by the SIU’s investigations, which uncovered the need to explore further areas not covered by the original proclamation.”
The unit requested an amendment to extend both the scope and duration of its investigation.
This was granted by the court.
The SIU explained that Proclamation 194 of 2024 now authorises it to investigate the university’s registration or admission of ineligible persons to enrol for, study at, or be awarded degrees, including bachelor’s, honours, master’s and PhD degrees, or actions contrary to university manuals, policies, procedures, prescripts, instructions, or practices.
“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,” the SIU stated.
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Court order addresses only original proclamation
The university itself clarified that media reports suggesting the SIU investigation had been halted were misleading.
The institution noted that the October 2025 ruling pertained exclusively to the initial proclamation and had no legal effect on the amended one.
“The order (handed down by Acting Justice Mtshabe in Case 330/2023) is a delayed ruling relating solely to the original SIU proclamation, in which the Presidency, the SIU and UFH were cited as respondents,” the university stated.
“The court’s ruling imposes no restriction whatsoever on the SIU’s authority to investigate and report on alleged irregularities concerning the registration, admission or awarding of qualifications to individuals who were not academically eligible, which occurred in the Public Administration Department at the UFH Bhisho campus.”
The judgment from the High Court found that “the conduct of the SIU in its investigation of the applicant is declared an abuse, unconstitutional and is reviewed and set aside” and ordered the SIU to pay legal costs on scale C.
Investigation not targeting individuals specifically
The SIU emphasised that its investigation is not focused on any particular individual but rather on systemic irregularities at the institution.
Kganyago clarified that the unit would investigate all people who entered the master’s programme where procedures may not have been followed correctly.
“We never went out and said he is one of the people that we are looking at. It was him who went and took us to court,” Kganyago explained.
He added that if Mabuyane is among those involved in any irregularities, he would naturally be included in the investigation’s findings. “We don’t want to make it about the individual, but at the end of it all, if the individual is bound to be part of it at the end, we will be able to then deal with that that way,” he said.
The SIU spokesperson declined to provide specific details about what is alleged to have occurred, citing concerns that disclosure could compromise the investigation.
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ANC welcomes court ruling, calls probe politically motivated
According to the SABC, the ANC in the Eastern Cape welcomed the Bhisho High Court’s decision, describing it as vindication of their confidence in Mabuyane’s leadership.
“The ruling reinforces that the University of Fort Hare must desist from promulgating baseless allegations and that the SIU must refrain from weaponising its authority for ulterior motives pursued by those that are faceless,” said provincial spokesperson Yanga Zicina.
However, Zicina confirmed that the party accepts the amended proclamation and that Mabuyane will cooperate fully with the investigation under the new terms. “The ANC will never at any point stand against investigation. Where there’s been allegations of wrongdoing, we believe those must be investigated fully,” he said.
The ANC spokesperson maintained that there had been procedural errors in the initial investigation, arguing that Mabuyane was subjected to a proclamation that did not cover him and was deregistered by the university without proper consultation.
Premier challenges deregistration decision
Mabuyane has reportedly instructed his legal team to challenge the University of Fort Hare’s 2021 decision to deregister him as a student, following allegations that proper admission procedures were not followed.
“The premier has instructed his legal team to challenge the legality of the process followed by the University of Fort Hare in arriving at the decision to de-register him as a student,” said Mabuyane’s spokesperson, Sonwabo Mbananga.
The premier is reportedly also seeking legal relief to set aside both his deregistration and the forensic report on which the university relied in making its determination.
Recognition of prior learning at centre of controversy
At the heart of the matter is the university’s Recognition of Prior Learning (RPL) policy, which allows individuals without an honours degree to gain admission to a master’s programme based on work experience and existing qualifications.
Zicina explained that Mabuyane, who holds an economics degree from the University of Fort Hare, would have been eligible to apply for admission to the master’s programme under this policy.
The ANC spokesperson emphasised that RPL is an established admission policy across many South African universities and that the University of Fort Hare approved Mabuyane’s application through its institutional processes.
“Nobody admits themselves into an academic platform. So if there is an error according to the University of Fort Hare, it should be the university that takes responsibility,” Zicina argued.
When pressed on what should happen if irregularities are confirmed, Zicina was clear: “Anybody who is found guilty of wrongdoing should bear the consequences. There should be consequences for wrongdoing. If the premier himself fabricated something in order to gain access to this, he must face the music.”
SIU maintains constitutional authority
The SIU noted that the initial June 2023 court order acknowledged the unit’s right to seek an amended proclamation. Judge T.V. Norman stated in that ruling: “Where there is evidence that implicates unlawful conduct in so far as the master’s degree is concerned, there is nothing stopping the SIU from preparing a motivation as it did with the earlier Proclamation and request the President to proclaim that the registration for master’s degree, too, should be investigated.”
The judge also found that “although the applicant contends that the SIU was malicious, there is no evidence of such malice,” according to the SIU.
The SIU confirmed that it is reviewing the court-issued cost order and will decide how to proceed after consulting its legal team.
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