Mabuyane says Hawks probe against him is a witch-hunt

EASTERN Cape Premier Oscar Mabuyane’s suspicion that his political opponents may have an interest in the Hawks’ probe against him cannot form the basis for the investigation to be nullified, say political analysts.

Mabuyane filed court papers in the Eastern Cape High Court to challenge the Hawks’ probe, claiming it is a “witch-hunt”.

Public Protector Busisiwe Mkhwebane made damning findings that Mabuyane irregularly benefited from a R1.1 million tender for the memorial service of Struggle icon Winnie Madikizela-Mandela.

In her report released last week, Mkhwebane ordered the Hawks to investigate allegations that Mabuyane received R450 000 that was used to renovate his house while he was the MEC for economic development.

In her findings, the public protector also said MEC Babalo Madikizela and the provincial ANC itself benefited to the tune of R350 000 and R280 000, respectively, from R1.1 million siphoned from the coffers of the provincial government.

Mabuyane’s court papers refer to the investigation as unconstitutional, unlawful, and invalid.

He said the Hawks and its “agents” had decided to investigate him. Mabuyane views the investigation as a “political witch-hunt" driven by “certain elements” of the directorate, who are located in the Free State office.

The papers further read that Mabuyane had been informed by a “confidential source” that “certain political elements within the ANC, who are opposed to his leadership are behind the investigation”.

Mabuyane has never shied away from suggesting that his vocal standpoint about suspended ANC secretary-general Ace Magashule, who is also a former Free State premier, stepping aside created enemies within members of the party’s national executive committee (NEC), particularly Magashule himself.

According to Mabuyane, Magashule fuelled the investigation in an interview in May, alleging that Mabuyane had close ties with President Cyril Ramaphosa and, for this reason, the Hawks had not investigated the matter.

In an interview yesterday, Mabuyane’s lawyer Ngqiqo Sakhela described the matter as “unspecified allegations” against Mabuyane.

Sakhela said Mabuyane was of the view that if Magashule had never appeared on live TV, the matter would not have resurfaced.

Yesterday afternoon, during a prayer day rally for former president Jacob Zuma, Magashule rubbished the claims made by Mabuyane.

Magashule said the claims were baseless, as he did not have the powers to instruct the elite crime investigation unit to investigate anyone.

Hawks head General Godfrey Lebeya confirmed that the Hawks initiated the investigation in May 2019 and, by March this year, the directorate had completed gathering evidence.

Lebeya dismissed the witch-hunt claims, emphasising that all personnel within the Hawks had taken an oath of office to uphold and protect the Constitution, and to enforce the law without fear, favour, or prejudice.

According to Lebeya, the National Prosecuting Authority was to make a decision on the matter and he further believed that this process may have triggered the application made by Mabuyane’s legal team.

Lebaya said the investigation started in the Eastern Cape in 2019 and indicated that the investigation had never been closed.

Law expert Nthabiseng Dubazana said the court application might not be unsuccessful.

She further emphasised that Mabuyane’s submission of the Hawks’ failure to provide him with answers was ignorant.

Political analyst Professor Sipho Seepe said Mabuyane would have difficulty in convincing the court that he was clean and that the investigation launched would amount to wasteful expenditure.