The Premier of the Eastern Cape, Oscar Mabuyane, has filed a notice of motion in the Bhisho High Court against the Directorate for Priority Crime Investigation, the Hawks, and the Minister of Police.
The court action comes in the wake of a Hawks investigation against the Eastern Cape Premier.
Mabuyane wants the court to rule that the refusal by the Hawks to provide him with the information in its investigation file be set aside and that the investigation against him cease and be declared unlawful and unconstitutional.
Mabuyane wants the court to hear his application on the 19th of October if no notice of intention to oppose is filed.
Mabuyane filled supporting documents 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.
Mabuyane’s legal representative, Ngqiqo Sakhela says Mabuyane is exercising 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.”