The Special Investigating Unit (SIU) notes the judgment from the High Court of South Africa, Eastern Cape Division, Bhisho, concerning Proclamation 84 of 2022, which relates, among others, to the investigation into the awarding of undergraduate and postgraduate degrees at the University of Fort Hare.
The judgment issued on 23 October 2025 does not prevent the SIU from continuing its investigation. It 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 R 84 of 2022, which authorised the Unit to investigate allegations of maladministration at Fort Hare University, particularly those involving Premier Mabuyane. The investigation concerning Premier Mabuyane was temporarily halted pending the determination of Part B, which considers the case’s merits relating to the admission process and the awarding of a Masters degree.
In the 20 June 2023 order by Judge T. V Norman, Paragraph 66 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 question of the Constitutional validity of the SIU’s investigation stems from the fact that Proclamation R84 of 2022 did not explicitly include Masters degrees and PhDs.
However, the SIU exercised its powers and decided to amend the Proclamation. Proclamation 194 of 2024 amends Proclamation No. R.84 of 2022, within the context of the University of Fort Hare. This amendment was prompted by the SIU’s investigations, which uncovered the need to explore further areas not covered by the original proclamation.
The SIU requested an amendment to the proclamation to extend its scope and duration. The amendment authorises the SIU to investigate, among other issues, the university’s registration or or admission of ineligible persons to enrol for, study at, or be awarded degrees, including Bachelors degrees, Honours degrees, Master’s degrees and PhD degrees, or actions contrary to manuals, policies, procedures, prescripts, instructions, or practices of the university. 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.
As a result, 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.
In line with the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), the SIU will refer any evidence of criminal conduct uncovered during its investigation to the National Prosecuting Authority (NPA) for further action. Under the SIU Act, the SIU is also authorised to initiate a civil action in the High Court or a Special Tribunal in its name to address any wrongdoing identified during its investigation resulting from acts of corruption, fraud, or maladministration.
Enquiries:
Kaizer Kganyago
Spokesperson: Special Investigating Unit
Cell: 082 306 8888
E-mail: KKganyago@siu.org.za