South Africa: SIU Considers Legal Options Following Interim Interdict On Fort Hare University Investigation

press release

SIU considering legal options following the interim interdict on Fort Hare University investigation

The Special Investigating Unit (SIU) has noted a Bisho High Court order handed down on Tuesday, 20 June 2023, by Judge T. V Norman on a matter brought by Eastern Cape Premier Oscar Mabuyane.

In terms of the order, the SIU is interdicted from enforcing Proclamation R 84 of 2022 authorising the Unit to investigate allegations of maladministration in the affairs of Fort Hare University on matters relating to Premier Mabuyane. The investigation relating to Premier Mabuyane is interdicted pending the determination of Part B, which deals with the merits of the case in as far as the admission into and awarding of Masters degree.

The SIU has studied the judgment and is happy that it does not interdict or suspends the Fort Hare University investigation in its entirety. We are also optimistic that we will present our case when Part B of this matter is heard. The SIU is further encouraged by Paragraph 66 of the judgment which states that:

"Where there is evidence that implicates unlawful conduct in so far as the Masters 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 Masters degree, too, should be investigated."

Furthermore, the SIU has noted that paragraph 83 which states that:

"Although the applicant contends that the SIU was malicious, there is no evidence of such malice." The SIU will explore all legal options available to it.

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