Eastern Cape Premier Oscar Mabuyane. (Photo: Felix Dlangamandla / Daily Maverick) 
The ANC’s Eastern Cape spokesperson Yanga Zicina issued a statement on Sunday claiming the high court had ‘vindicated’ Premier Oscar Mabuyane in an investigation involving maladministration and academic fraud at the University of Fort Hare.
However, the proclamation on which the court order and the statement were based is no longer the proclamation that the SIU is using to investigate the matter.
Below is the court order that the statement refers to:
The ANC Eastern Cape statement reads:
“The African National Congress (ANC) in the Eastern Cape warmly welcomes the landmark judgment of the High Court … which has emphatically vindicated our Provincial Chairperson, Comrade Lubabalo Oscar Mabuyane.
“In a decisive ruling, Judge Ntsikelelo Mtshabe declared the conduct of the Special Investigating Unit (SIU) in its investigation of the ANC Chairperson (Mabuyane) on Fort Hare matters to be a serious abuse of process, unconstitutional and ultra vires of the terms of the proclamation that established the Unit.
“The court further ordered that the SIU’s decision to launch an investigation against Comrade Mabuyane be set aside as unlawful and that the SIU bear the costs of the application, including the fees incurred for counsel.
“This judgment not only restores the honour and integrity of a dedicated servant of the people, but also sends a clear message that the rule of law will not be compromised by politically motivated witch‑hunts and external antagonists.
“The ANC views this decision as a vindication of the principle that no individual, however placed, is above scrutiny, nor should any institution be permitted to trivialise and weaponise its powers for ulterior motives. We therefore call upon the University of Fort Hare to desist from propagating baseless allegations against innocent citizens and to respect the due‑process safeguards enshrined in our Constitution.
“The ANC stands firmly with Comrade Mabuyane and reaffirms its unwavering confidence in his leadership and his commitment to the advancement of the national democratic revolution. The attempts by counter‑revolutionary elements to tarnish the image of the ANC will not succeed; their machinations have been laid bare before the courts and before the people of the Eastern Cape.
“The pernicious, malevolent and malicious attacks on Comrade Mabuyane is, in essence, an attack on the ANC itself, a desperate stratagem by right‑wing demagogues intent on destabilising our movement for nefarious ends, to erode voter trust and influence negative public opinion towards the ANC.
“The ANC respects the independence of the judiciary and no spurious, fallacious & frivolous accusations levelled against our Leaders shall ever go unchallenged.”
The only problem is…
The SIU’s Kaiser Kganyago was quick to point out the real situation.
He said that the SIU noted the ruling from the high court on 23 October 2025.
“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.”
It is alleged that Mabuyane was registered for a master’s degree in Public Administration at Fort Hare University without having completed an honours degree. Further allegations, as set out in court papers, include that his research proposal was done by postgraduate students with very little input from Mabuyane. He was later deregistered from the programme.
“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 master’s degree,” Kganyago said.
However, he said that the judge in the case, Judge Thandi Norman, had provided the SIU with an opportunity to have its proclamation amended.
Read more: Eastern Cape Premier Oscar Mabuyane asks court to exclude him from ‘malicious’ SIU Fort Hare probe
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Judge Norman said, “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.”
Kganyago further pointed out that the judgment continued: “Although the applicant [Mabuyane] contends that the SIU was malicious, there is no evidence of such malice.
“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 admission of ineligible persons to enrol for, study at, or be awarded degrees, including bachelor’s 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.
The proclamation that Kganyago is referring to:
“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,” Kganyago said.
Charges withdrawn
Earlier this year, the State withdrew charges against one of the two forensic investigators who were appointed at Fort Hare and had, among other matters, investigated academic fraud allegations against Mabuyane.
In the interview below, Sarah and Bradley Conradie claimed that the handing over the Mabuyane docket of documentation and a forensic report to the Hawks was what had triggered their arrest in the first place.
Campus riots
In October, a part of the historic Fort Hare campus was destroyed by riots and arson at the facility.
In this interview, Vice-Chancellor of Fort Hare Professor Sakhela Buhlungu said that he believed the attacks on the campus were politically motivated and linked it to the imminent release of the names of politicians under investigation by the SIU.
Fort Hare response
Fort Hare’s communications director JP Roodt said on Sunday that the reporting on the ANC statement had generated confusion among the media and the broader public.
“It is imperative that South Africans are furnished with accurate, complete and legally sound information on the status of the SIU’s work at [Fort Hare].
“For clarity: 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 Fort Hare were cited as respondents.
“Importantly, this ruling does not invalidate, suspend or limit the investigative mandate established under Proclamation 194 of 2024, which superseded Proclamation R.84 of 2022.
“Assertions that the SIU process has been discontinued are therefore misleading in law. The October 2025 ruling pertains exclusively to the initial proclamation and has no legal effect on the amended proclamation issued in 2024.
“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 [Fort Hare] Bisho campus,” Roodt said.
We have asked the ANC’s Gift Ngqondi to respond to the SIU statement, but have received no answers. DM