In two months, oral arguments will take place in the long-standing matter between Eastern Cape Premier Oscar Mabuyane and the University of Fort Hare.
The toxic scuffle, which reared its ugly head again this week with EFF leader Julius Malema entering the fray, stems from Mabuyane’s deregistration for a master’s degree in public administration.
Mabuyane’s legal team is set to argue that the genesis of the case has always been a political agenda sponsored by the suspended vice-chancellor of the university, Professor Sakhela Buhlungu.
According to the papers, Mabuyane’s camp will tell the court that political motive is apparent in the saga since other students who were admitted under the same circumstances as the premier were never deregistered.
They will also argue that the case itself was a result of the university’s shifting goals whenever it faced challenges.
According to Mabuyane’s argument, his pursuit by the university started off as an allegation that he was improperly registered, but when that did not work, the next step was that he had a ghost writer for his research proposal.
Mabuyane’s last supplementary affidavit lays bare his strategy to conquer the case that has become an annoying stink in his political career.
His supplementary affidavit starts by complaining that UFH is delaying in providing the full Rule 53 record of all documents, evidence, and correspondence related to the case, and instead, they are using the documents he submitted to support their argument.
“I have been severely prejudiced in my ability to supplement my case on review after consideration of the Rule 53 Record as supplemented, which remains incomplete.
“Therefore, this supplementary affidavit has been prepared on a provisional basis, with the full reservation of rights to further supplement the founding affidavit if the university provides the withheld documents in due course.
“I have done so with the assistance of my legal representatives. The documents support my grounds of review as lead in the founding affidavit. I shall describe the relevant evidence that emerges from those documents.”
Mabuyane said that double standards in the treatment of his case compared to other students are telling, as he seeks to have his deregistration and the investigation into his admission set aside and declared unlawful.
He argues that the university’s failure to adhere to its own rules is due to certain individuals within the institution’s determination to end his political career, citing his lack of an honours degree as the reason for his deregistration.
This claim is despite Mabuyane having been admitted in line with the university’s Recognition of Prior Learning (RPL) policy, as was the case with thousands of other students.
“The Faculty of Management and Commerce – Faculty Research and Higher Degrees Committee (FRHDC) recommendations about my exclusion from the university to the senate also misrepresented the requirements for admission as set out in the prospectus.
“The requirements they listed do not include or mention the RPL programme. This means the senate did not consider whether I met this requirement or not. This highlights the need for me to be afforded an opportunity to make representations after the FRHDC made its recommendations and before the decision to exclude me was taken.”
Mabuyane goes on to raise two cases of students, one with a BCom (Bachelor of Commerce) and another with a BA (Bachelor of Arts) degree, who were admitted for the same master’s degree as him whilst without honours degrees, but the RPL rule was applied to enrol them.
“This unequal and discriminatory treatment renders the decision to recommend my exclusion unreasonable and arbitrary. I respectfully submit that the impugned decisions of the university fall to be reviewed and set aside on the basis that the decisions do not meet the principle of legality and amount to unlawful and unreasonable administrative action.”
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- Oral arguments are scheduled in two months in the dispute between Eastern Cape Premier Oscar Mabuyane and the University of Fort Hare regarding his deregistration from a master's program.
- Mabuyane’s legal team argues the case is politically motivated, driven by the suspended vice-chancellor Sakhela Buhlungu, highlighting inconsistent treatment compared to other students admitted under the same Recognition of Prior Learning (RPL) policy.
- Mabuyane alleges the university shifted its accusations from improper registration to claims of using a ghostwriter for his research proposal, reflecting a strategy to undermine him.
- He claims the university has delayed providing full evidence, prejudicing his defense, and contends that exclusion decisions ignored university admission policies and lacked proper procedural fairness.
- Mabuyane seeks to have his deregistration and the investigation declared unlawful, citing discriminatory and arbitrary treatment aimed at ending his political career.
In two months, oral arguments will take place in the long-standing matter between Eastern Cape Premier Oscar Mabuyane and the University of Fort Hare.
Mabuyane’s legal team is set to argue that the genesis of the case has always been a political agenda sponsored by the suspended vice-chancellor of the university, Professor
Mabuyane’s last supplementary affidavit lays bare his strategy to conquer the case that has become an annoying stink in his political career.
His supplementary affidavit starts by complaining that UFH is delaying in providing the full Rule 53 record of all documents, evidence, and correspondence related to the case, and instead, they are using the documents he submitted to support their argument.
“I have been severely prejudiced in my ability to supplement my case on review after consideration of the Rule 53 Record as supplemented, which remains incomplete.
“
“I have done so with the assistance of my legal representatives.
Mabuyane said that double standards in the treatment of his case compared to other students are telling, as he seeks to have his deregistration and the investigation into his admission set aside and declared unlawful.
He argues that the university’s failure to adhere to its own rules is due to certain individuals within the institution’s determination to end his political career, citing his lack of an honours degree as the reason for his deregistration.
“
“
Mabuyane goes on to raise two cases of students, one with a BCom (Bachelor of Commerce) and another with a BA (Bachelor of Arts) degree, who were admitted for the same master’s degree as him whilst without honours degrees, but the RPL rule was applied to enrol them.
“
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