Embattled Premier of the Eastern Cape, Oscar Mabuyane, has ordered his lawyers to stop the ongoing Hawks probe into his involvement in the R1.1 million that was siphoned off from the Mbizana municipality, in that he received payments for upgrades to his Bunkers Hill home, valued at R450,000, SurgeZirc SA reports.
It is understood that Mabuyane filed a notice of motion in the Bhisho High Court against the Directorate for Priority Crime Investigation, the Hawks, and the Minister of Police.
This is following an investigation carried out by the Hawks against Mabuyane.
Multiple reports revealed that Mabuyane is seeking a court ruling that will affirm that ongoing investigation by the Hawks is unlawful and unconstitutional because of the failure of the Hawks to make information available in its investigation file.
It was gathered that the embattled premier is moving for the application to commence hearing on the 19th of October if no notice of intention to oppose is filed.
Details of Mabuyane’s application according to reports reveal that he is questioning the jurisdiction of the Free State division of the Hawks investigating an Eastern Cape-based case and he believes there is a political drive behind the investigation.
Speaking on the application, the legal counsel to Mabuyane disclosed that the Premier application is a conventional process of his constitutional rights and the Hawks must provide him with the information he requests as per the agreement between them which is not being honoured.
“There is a problem with this whole situation in light of the resolution of the ANC. If you are charged you must step aside, there is a huge prejudice taking place. If you are a suspect and your constitutional rights are suppressed you must go to court so that you vindicate your rights.”
Sakhela adds: “If you read the papers before the court there are no specific allegations as to who alleged what, there is nothing suggesting he committed a specific crime. The only thing said is that he committed fraud, corruption, and money laundering without placing on record who approached the Hawks, what information is placed with the Hawks so he can answer properly.”