The Special Investigating Unit (SIU) is evaluating its legal options after an interim interdict was issued by the Bisho High Court, suspending the investigation into Fort Hare University.
The order, issued on Tuesday, 20 June 2023, prohibits the SIU from enforcing Proclamation R 84 of 2022, which authorized the Unit to probe allegations of maladministration at the university, specifically pertaining to Eastern Cape Premier Oscar Mabuyane.
The investigation concerning Premier Mabuyane has been halted until the resolution of Part B, which focuses on the merits of the case regarding the admission and awarding of a Masters degree.
While the SIU is stresses that the judgment does not entirely obstruct or suspend the Fort Hare University investigation, the Unit intends to present its case during the proceedings of Part B.
Notably, the SIU draws encouragement from paragraph 66 of the judgment, which affirms that if there is evidence implicating unlawful conduct related to the Masters degree, the SIU can submit a motivation to the President, similar to the previous Proclamation, requesting an investigation into the Masters degree program.
Additionally, paragraph 83 of the judgment dismisses any evidence of malice on the part of the SIU. As a result, the SIU will explore all available legal avenues to address the current situation.