The Special Investigating Unit (SIU) has acknowledged the recent judgment delivered by the High Court of South Africa, Eastern Cape Division in Bhisho, regarding Proclamation 84 of 2022 — the proclamation authorising investigations into the awarding of undergraduate and postgraduate degrees at the University of Fort Hare.
In a media statement released on Sunday afternoon, the SIU stressed that the judgment handed down on 23 October 2025 does not prevent the Unit from continuing its investigations.
According to SIU spokesperson Kaizer Kganyago, the ruling dealt with an earlier version of the proclamation, which has since been amended.
“The judgment is based on a Proclamation that has been amended since the initial judgment on the matter. The order issued on 20 June 2023 interdicted the SIU from enforcing Proclamation R84 of 2022, which authorised the Unit to investigate allegations of maladministration at Fort Hare University, particularly those involving Premier Mabuyane,” said Kganyago.
He explained that the investigation into Premier Oscar Mabuyane was temporarily halted pending the outcome of Part B of the case, which focuses on the merits surrounding his admission and the awarding of his Master’s degree.
Nothing stops probe into Mabuyane
Kganyago highlighted a key portion of Judge T.V. Norman’s 20 June 2023 ruling. Paragraph 66 states:
“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… and request the President to proclaim that the registration for Master’s degree, too, should be investigated.”
He added that the court also found no proof that the SIU acted with malice, quoting paragraph 83 of the judgment, which notes:
“Although the applicant contends that the SIU was malicious, there is no evidence of such malice.”
The dispute around the constitutional validity of the SIU’s probe originated from the fact that Proclamation R84 of 2022 did not explicitly include Master’s and PhD degrees.
However, Kganyago said the Unit exercised its statutory powers and sought an amendment. As a result, Proclamation 194 of 2024 now amends the original proclamation and broadens the SIU’s mandate within the context of the Fort Hare investigation.
“This amendment was prompted by the SIU’s investigations, which uncovered the need to explore further areas not covered by the original proclamation,” said Kganyago.
The expanded proclamation authorises the SIU to investigate the registration, admission, and awarding of degrees — including Bachelor’s, Honours, Master’s and PhD qualifications — to ineligible individuals, including those without required prerequisites such as Matric or relevant prior degrees. It also covers actions in breach of university manuals, policies, prescripts and procedures.
Business as usual for SIU
Kganyago emphasised that the High Court judgment of 23 October 2025 “does not stop or hinder the SIU” from carrying out its work.
“The SIU will continue investigating all qualifications at the University of Fort Hare, including those obtained by Premier Mabuyane. In line with the SIU Act, any evidence of criminal conduct will be referred to the National Prosecuting Authority (NPA) for further action,” he said.
He concluded by noting that the SIU also has the power, under the SIU Act, to institute civil proceedings in the High Court or the Special Tribunal to recover losses resulting from corruption, fraud or maladministration.
