The Special Investigation Unit has been dealt a blow after the Bhisho high court this week struck out its defence in the case brought against the unit by premier Oscar Mabuyane.
This means Mabuyane is a step closer to quashing the SIU’s probe against him in the University of Fort Hare’s qualifications scandal.
He is allegedly implicated together with other high-ranking Eastern Cape politicians who studied post graduate degrees at the institution.
The last court ruling relates to part B of the case by Mabuyane which asks the court to review and set aside President Cyril Ramaphosa’s proclamation authorising the SIU’s investigation into UFH.
Mabuyane in 2023 won part A of the court battle against the SIU, after the high court interdicted the SIU from investigating him as part of its investigation into fraud at the university.
It is understood that the judgment, issued on June 4 by judge Sally Collett, as it stands, means that part B of the application by Mabuyane, is undefended.
This is unless the SIU applies to reinstate its defence.
On Wednesday, attorney Ngqiqo Sakhela, for Mabuyane, said for them to deal with part B, the SIU was supposed to give them all information relevant to the case.
“The SIU did not do that. On November 13 2023, we sent a letter requesting them [attorneys] about the record within five days but they didn’t pay heed to our letter.
“After they failed to respond, we issued a rule 30A application and its purpose was to compel the SIU to deliver the record that we wanted.
“That application was heard on March 12 2024, and an order was issued by the court directing the SIU to deliver — within 20 days of service of the order — the record in terms of rule 53.
“The SIU failed to comply with that order.
“Then we launched another application striking out the defence of the SIU. This is the application that culminated in the June 4 order.
“The SIU opposed Mabuyane’s application [which includes part A and B] and filed papers opposing the application.
“If they failed to comply with the order of court and the rules, the only option available to Mabuyane was to ask the court to strike out their defence because they are not doing what they were supposed to do.
“So, they do not have a defence before court at all, that means they can’t defend the matter [part B].
“It will proceed as if it was never defended. If they want to, they will have to reinstate their defence,” Sakhela said.
He said the order was a first step towards finalisation of the matter.
“Our client has always said he was being persecuted for something that he didn’t know and the investigations were done with an ulterior motive.
“We believe if they fail to produce the record it means there’s nothing of significance about the Mabuyane investigation,” he said.
Sakhela said Mabuyane was happy with the latest development in the case.
In court papers, Mabuyane said the SIU’s attorneys were made aware of the application to strike out their defence.
He said it was unfortunate he had to launch the application.
“The striking out of the SIU’s defence will enable me to apply to this court for a date for the hearing of the main application,” Mabuyane argued.
“This will ensure that the matter is disposed of without delay and I will no longer have this cloud hanging over my head.”
SIU spokesperson Kaizer Kganyago said the SIU noted the order.
“The merits of the case have not been ventilated.
“There was a miscommunication that occurred when there was a change of attorneys on record and the court was not informed on time, which resulted in this order.
“The SIU will investigate the issue relating to the miscommunication in this regard.
“The SIU wishes to assure the public that we will explore all legal options, including amending the proclamation.
“The investigation into the University of Fort Hare’s affairs is ongoing, and we will communicate the outcomes at the appropriate time.”
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