By: Sello Theletsane
In a desperate bid to avoid stepping aside, embattled Eastern Cape premier Oscar Mabuyane has approached the Bhisho High Court to prevent the Hawks from investigating him.
Mabuyane said he believed the investigation was politically motivated and suspended secretary-general Ace Magashule was behind it in his court papers.
“I specifically asked the DPCI [Directorate for Priority Crime Investigation] members whether there was a connection with Mr. Magashule. They confirmed that they also tried to interview Mr. Magashule in light of the public statement that he had been making, but he had declined to make a statement. They never denied Mr. Magashule’s influence in their decision to commence an investigation. I indicated that it was not a coincidence that the case was being investigated by the Free State Office of the DPCI after Mr. Magashule, who was premier of the Free State province and chairperson of the ANC in that province, had made allegations against me,” he said.
Mabuyane further claimed that he was informed that his detractors in the ANC opposed to his leadership were behind the investigation and had tried to influence the DPCI.
“The DPCI appears to take the attitude that since I am not an ‘accused’ person, I am not entitled to such information. This is the wrong attitude. I have already been characterized by the DPCI as a suspect. Bearing in mind that I am a suspect, presumably suspected of having committed crimes, I am entitled to know the basis on which it is suggested that I am suspect,” he contested in the papers.
Mabuyane told the court he believed the investigation was “unconstitutional, unlawful, invalid” and should be set aside as it constitutes a political witch-hunt.
Manuyane’s stunt follows the release of Public Protector Busisiwe Mkhwebane’s report, which found that he benefited from the money meant for the memorial service of the late stalwart Winnie Madikizela-Mandela.
The report, which looked into allegations of corruption, maladministration, or misuse of public funds by senior and executive Eastern Cape government officials and the Mbizana Local Municipality, found that Mabuyane received R450 000 of the money.
Also read: Mkhwebane nails Ramaphosa’s ally, Oscar Mabuyane
The EFF in the province has subsequently laid charges against him. Based on the ANC’s step aside rule, Mabuyane would be required to vacate the premier’s seat and leave all party positions until the matter is resolved in the courts, something he appears to be trying to stall.
In a bid to deflect attention from himself and cling on to power for a bit longer, Mabuyane said he had made enemies within the party when he became vocal about Magashule’s fate when he wa
s facing his legal challenges.
To solidify his warped beliefs and exaggerated sense of importance, Mabuyane said the Hawks’ failure to investigate the matter in 2019 when the allegations were made proved there was an ulterior motive to it. He questioned why the unit was interested in the matter “after Mr. Magashule made it a political campaign issue”.
“Should I be charged, I would be required to step aside. The DPCI is aware of this. Therefore, its decision to persist with a completely baseless case against me, knowing that a judge would require me to step aside, is a flagrant abuse of power and engineered to secure a political outcome,” he said.
Mabuyane’s court ploy comes after a senior party member in Mpumalanga was fired for his alleged involvement in a murder case. Mpumalanga Premier Refilwe Mtshweni-Tsipane fired Mandla Msibi as MEC for Agriculture, Rural Development, Land and Environmental Affairs.
Also read: Mpumalanga MEC arrested for murder
Msibi appeared in the Nelspruit Magistrate’s Court alongside Anele Sonke Mnisi and Njabulo Mkhonto.
The trio faces two counts of murder and one count of attempted murder in connection with the fatal shooting of Dingaan Ngwenya and Sindela Lubisi and wounding a third person at the Nelspruit Cayotes Shisa Nyama on 22 August 2021.
Acting provincial secretary Lindiwe Ntshalintshali said the Provincial Executive Council (PEC) then resolved that Msibi must step aside as a member of the ANC, PEC Member, Elections Manager, and Member of Executive Council until the case is concluded.
“This call for Mr. Msibi to step aside will happen concurrently with other formal procedures of the ANC which take place when its members and leaders are found to be in conflict with the law, which amongst them is appearing in front of the integrity commission and disciplinary committee. The PEC has since appointed Cde JL Mahlangu as an Elections Manager, and we request all structures of the ANC to support him as we prepare for decisive ANC victory on 1 November 2021,” she said.
Ntshalintshali further called on members to desist from the act of resolving problems through violent means in all sections of their lives.
“We further call on all our members to respect the judicial process underway and discourage them from mobilizing members against the judiciary and other state institutions,” she said.
Political analyst Xolani Dube from the Xubera Institute for Research and Development said Mabuyane’s arrogance was a swinging pendulum that moves between naivety and stupidity.
“It epitomizes the lawlessness that has come to be synonymous with the ANC. There is no rule of law in the ANC. What is currently prevailing is the rule of a particular faction, a strong faction for that matter. We have seen how they are removing the weak faction from the ANC. Look what happened to Ace Magashule and the others who were belonging to the other factions,” he said.
Dube added that the current justice happening in the ANC is the justice that protects the strongest faction of Cyril Ramaphosa.
