As
we wrap up in the few hours our Woman’s Month, let me say I have lost count of the
times I have risked my life for the underdog called a ‘woman child of South
Africa’.
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| In Honour of SANDF women officers, a picture of me and one such officer. She is Xhosa-speaking and has the most beautiful heart you can ever find in the Eastern Cape Province, in the entire South Africa, and the entire world! May every month (and not only August in South Africa) be a Women's Month! |
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| she brought me into the world |
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| She brought my first two children (thoko and maziri, into the world) |
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| She brought my third-born, tamara, into the world. |
PICtURES OF MEN WItH HARD-EARNED GIFtS OF MAKING WOMEN SMILE:
Most of them women will never appreciate just how much, in
our chivalry, us knights in shining armour will sacrifice for some little sign
of indebtedness to us. But when they do
see the value of what you do for them, you shall for sure know that a woman, a
mother, a daughter or a sister is appreciative!
Such an appreciation I have been shown by women officers of the
South African National Defence Force-SANDF over these many years (just as I saw
same from women whom we were defending from routine gang-rape by intelligence
supremos in Dakawa, Morogoro, Tanzania during Mr Jacob Zuma’s reign of intelligence
terror in the camps of exile pro-Eastern-Cape tribalism of his mentor and “Father
of the Nation”, Mandela).
In a Pretoria College run by one Eddie Drost, the women were to their chagrin demanded sex left, right and centre by their powerful male tutors and lecturers and the weak among those women naturally succumbed and ‘passed with flying colours’ (read ‘fraudulently’) in order to become quick generals.
While a student there I had many confrontations on that Eddie Drost fraud-filled College on behalf of my sisters black and white whose marriages to their husbands were looked upon as nil once they came into Drost’s Fornication College.
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| Eddie Drost |
However the strong among these sisters said "No Sir!" and as a
result they were marked down and generally harassed in Drost’s College. Pretty much like National Mentor Jacob Zuma’s
views and practices towards women, his College for the uniformed women officers
and males, viewed not a woman anything more than her own sexual organ elevated. A woman cannot have brains good enough to be
a real battle commander, they seemed to be saying through their actions and ‘in
order to balance the national constitutional
requirement for female generals, let us generalize them in the bedroom’!
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| Raymond Lentsoe, the leader of the male chauvinist pack of a Drost's College notorious for fraudulent passes through copying of examinations and through buying of sex from morally-weak female students, and the tender for Lentsoe is of course government marks meant for hard-working students but now freely given to those females who worked the pillow best while harder-working female students in class who refused Lentsoe sex were punished by getting marks too low for what they in fact deserved. Lentsoe had a particular taste for women with apparent status and women bragging evidently unassailable connections. He that way could intimidate any supervisor who was foolish enough to challenge his cassanova habits with other men's wives who were his students on the said College. |
While a student there I had many confrontations on that Eddie Drost fraud-filled College on behalf of my sisters black and white whose marriages to their husbands were looked upon as nil once they came into Drost’s Fornication College.
Little did I know that all those sisters on whose behalf I
was howling down perpetrators of sexual harassment DID SEE the value of what I
as a man did for them even though I was only doing it out of honour as an
officer of the proud SANDF rather than in expectation of any pay-back.
This post, therefore, is dedicated to South African Women
Officers who dared say no to being against their will turned sex pots for
corrupt generals and colonels under Zuma’s leadership of the SANDF. I thank them even more for having rallied
behind me in the past 11 years of being victimised by Mr Jacob Zuma and his
henchmen of the few but most powerful generals of a racist and male-chauvinistic
nature.
Incidentally, IS A WOMAN
every single one of my witnesses in my own defence to Mr Jacob Zuma’s false
charges framed (among others, in Collaboration with Eastern-Cape-born Enoch
Muiseng Mashoala; in collaboration with Married-to-an-Eastern-Cape-born-wife Mr
Daniel Mohato Mofokeng; in collaboration with College-Fornicated-with-an-Eastern-Cape-born-woman-for-promotion
Mr Lentsoe)! I say, Therefore, THANK
YOU, WOMEN!
AND EVEN THOSE WITNESSES OF MINE WHO ARE NOT WOMEN, THEY
WERE ORGANIZED BY WOMEN, BOTH WHITE AND BLACK WOMEN!
My advice to younger men reading my post, if you are a man
and intend to survive for long; have a way into the brains of women, and not
into their pants (and if you happened to and in her pants, MARRY HER!). Indeed if I Goodman Manyanya Phiri were to
die today in the hands of my enemies, I can say I in any case, thanks to my
female angels in South African military uniform (and even before that in the erstwhile
military uniforms of both Umkhonto We Sizwe and Azanian People’s Liberation
Army in the training camps of Angola and tanzania) I lived far too long given the
ferocity and sheer power of the men who to this 2012 have been hunting me down
with their exile vendetta which these Zuma criminal charges in the SANDF are
part of. But thanks to you South African
sisters in uniform, I have survived to see yet another fight in court for a just cause!
As you read on, seeing how these people fumble in court even
with their well-rehearsed lies against me, and even with the assistance of both
the judge and prosecutor who were using skin-colour jealousies on me to force a
trial when documentation for my own defence was still denied me, I want my
reader to pay special attention to the incompatible statements made by these two
terrible men (Eddie Drost and Raymond Lentsoe: badly coached of course by
Zumaists like Mofokeng and Mashoala as to how to frame a Phiri whose sin was to
blow the whistle on the twin canker of black racism pro-Eastern Cape of Mandela
and the ongoing sex-objectification of women of the South African Army in particular
and the Defence Force in general from the very days of exile to the days of integration
of APLA and MK with the SANDF) with common factor both eras being Mr Jacob Zuma.
Note in particular how Drost and Lentsoe (both of them
prosecution witnesses), who were with me in Drost’s office give horror of
horrors totally conflicting accounts insofar as what transpired in Drost’s
office.
Interestingly, both of them agree with me that
Self-fornicajed-for-promotion-woman-cum-self-styled-Mandela-Cousin’s fellow Eastern-Cape-born
Inspector General Enoch Muiseng Mashoala and his team did stay at the Drost-fornication
College for an entire month investigating these acts of corruption and college
racisms both white and Mandelasque Eastern-Cape black.
The twosome inadvertently agree with me that people were
called in to be interviewed by the Inspector-General-Mashoala team of investigators
and that statements under oath were jotted down from them by the team [where
complaints against Phiri were also aired with Inspectorate General].
Drost and Lentsoe even inadvertently admit that Lentsoe and
Kleynhans gave evidence to Mashoala Investigative team as well where they were ostensibly
accusing Phiri of what has now been reduced to Charges No. 1 and No. 2
(“Calling Kleynhans a racist”) and the five or six alternatives to those
charges.
Yet the Saul of my whistle-blowing life (Jacob Zuma’s team)
who clearly believe women government employees ought to forfeit control of their
own private parts to supervisors once at work and as such men like Phiri who think
otherwise must be taught the lesson of persecution via false charges that
follow no lawful procedure, have despite an order of High Court Honourable Judge
Claassen [to give Phiri in 7 days their February-March report which was submitted and ratified by Chief of the Army
Lieutenant General Gilbert Lebeko Ramano after that investigation, WHAT THEYGAVE TO ME IS ONLY THIS (FOLLOW LINK)PIECE OF USELESS BUT ALSO VERY SUGGESTIVE PAPER (because it suggests that thereis a report that was written and distributed before March 6, 2001 to the SANDFwhich report Honourable Claassen in vain ordered should be given to Phiri).
ENJOY THE PHIRI TRIAL IN A ZUMA KANGAROO COURT!
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you. Is that in accordance with your instructions, Colonel?
PROSECUTION COUNSEL
Ms PAKENDORF: Judge, witnesses are a phone call away, but they would
obviously have to get here, I suspect that I could have the first witness here
within half an hour due to the type of case it has been ... they have been on
standby.
PROSECUTION COUNSEL
Ms PAKENDORF: As the court pleases.
((Court re-opens))
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you very much. Madam Prosecutor?PROSECUTION COUNSEL
Ms PAKENDORF: Yes, Judge, in lieu of the indication that we got in
chambers previously I just wish to place on record that the first state
witness, Colonel Eduard Frans Drost [Eddie Drost] will not be called today, but tomorrow morning at
08:00 as agreed upon and that Lieutenant Colonel ... sorry, full Colonel now, Lentsoe, the second prosecution
witness will also be called tomorrow to testify. As the court pleases.
PROSECUTION COUNSEL Ms PAKENDORF: No,
Judge.
OPENING ADDRESS BY THE PROSECUTIONPROSECUTION COUNSEL Ms PAKENDORF: The
prosecution will call a total of three witnesses to prove the charges contained
as in the charge sheet. The first witness as alluded to in the first charge is
a Colonel Kleynhans, this is the witness who has previously been mentioned to
this court who is presently in Nigeria, he will be available to this court
between 8 and 26 March, and as said he will
testify only to the first charge. Sorry, the first and the second charge. With
regard to the third charge the evidence of Colonel Eduard Frans Drost who will be the first state witness will be led. He
will also give background information on the fourth and fifth charges, and will
give evidence ... direct evidence on the sixth and seventh charges. Colonel Lentsoe the final state witness, the
third state witness who will be called second in line, if I may put it that way, in other words prosecution intends to call Colonel Eduard Frans Drost first, Colonel Lentsoe second and Colonel Johannes Hendrik Beyers Kleynhans third
who will testify to the fourth and fifth charges, and will also support the
first charge, the second and the sixth charge ... sorry, oh, did I mention the
seventh charge, Colonel Eduard Frans Drost will testify on the seventh charge, and Colonel Lentsoe will support on the seventh
charge.PROSECUTION COUNSEL Ms PAKENDORF: ...Tsoe.PROSECUTION COUNSEL Ms PAKENDORF: Thank
you, Judge.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Would the defence want to make en opening address?PROSECUTION COUNSEL Ms PAKENDORF: No,
Judge.PROSECUTION COUNSEL Ms PAKENDORF: No,
Judge.
PROSECUTION COUNSEL Ms PAKENDORF: That is
so. Thank you, Judge, as the court pleasesPROSECUTION COUNSEL Ms PAKENDORF: Thank
you, Judge, as the court pleases.
PROSECUTION COUNSEL Ms PAKENDORF: Thank
you, Colonel, and your patience
with this court is appreciated. Colonel, where do you work
currently? You've already identified yourself to the court. Where do you
currently work?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
And where were you working during March 2001?PROSECUTION COUNSEL Ms PAKENDORF: Okay. Do
you know The Accused here present in court today?PROSECUTION COUNSEL Ms PAKENDORF: How do
you know him, Colonel?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now, on just as a matter of format, when a student is at the college and just
generally speaking in broad terms, what is expected of him time-wise, what time
should he be at the college and what time is he allowed to leave, where does he
live, that sort of thing?
PROSECUTION COUNSEL Ms PAKENDORF: And
would that be so then for the Junior Command and Staff Duties course also?PROSECUTION COUNSEL Ms PAKENDORF: I just
want to confirm this, Junior Command and Staff Duties stands for?PROSECUTION COUNSEL Ms PAKENDORF: Thank
you, Colonel. Now if a student
was to come in earlier, it sounds from what you have just told the court that
he would get that sort of instruction from the student leader or some sort of
body who is in control of the students?
PROSECUTION COUNSEL Ms PAKENDORF: Okay,_
Now ...
PROSECUTION COUNSEL Ms PAKENDORF: As the
court pleases, Judge.PROSECUTION COUNSEL Ms PAKENDORF: I would
like to answer, Judge,PROSECUTION COUNSEL Ms PAKENDORF: Sorry, Colonel, where was this ... where were the orders held and who was present?PROSECUTION COUNSEL Ms PAKENDORF: Yes,
please carry on.PROSECUTION COUNSEL Ms PAKENDORF: I'll
stop you if I need specific points from you.
PROSECUTION COUNSEL Ms PAKENDORF: Okay,
when you say "formal office bearing", what are the usual drills?PROSECUTION COUNSEL Ms PAKENDORF: Okay. So
are there any other positions [for] that [attention] that you mention?
PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Please continue, Colonel.PROSECUTION COUNSEL Ms PAKENDORF: Sorry, Colonel, just for the court to have information, when somebody stands at
attention, what is required of his body ... or how should his body look?PROSECUTION COUNSEL Ms PAKENDORF: What was
your impression of that?PROSECUTION COUNSEL Ms PAKENDORF: Okay. If
you were to give a label to Colonel Phiri's attitude to you on that day, what would you call it, how would you
label it?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now I want to take you back one day to the feedback session and the Inspector General enquiry, who was present at the Inspector General feedback session?PROSECUTION COUNSEL Ms PAKENDORF:
Okay. Now if you could just give the court a background, how
did it come that there was this feedback session?PROSECUTION COUNSEL Ms PAKENDORF: 'Independent'
.PROSECUTION COUNSEL Ms PAKENDORF: All
right. Was Colonel Phiri present?PROSECUTION COUNSEL Ms PAKENDORF: Was he
required to be present?PROSECUTION COUNSEL Ms PAKENDORF: You
think?PROSECUTION COUNSEL Ms PAKENDORF: All
right. And do you know of any reason that he was not there?PROSECUTION COUNSEL Ms PAKENDORF: Okay,
now ... sorry, Colonel, this is now the
letter that you refer to, or the statement that you required the feedback on
the previous two days ...
PROSECUTION COUNSEL Ms PAKENDORF: Okay.PROSECUTION COUNSEL Ms PAKENDORF: All
right.PROSECUTION COUNSEL Ms PAKENDORF: Okay.
This feedback that you received, Colonel, you earlier
testified that you required that feedback on 8 March, at what time was it again?PROSECUTION COUNSEL Ms PAKENDORF: Okay. If
the court can just bear with me for two seconds? Is there anything else that
you want to tell the court regarding this incident?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh?PROSECUTION COUNSEL Ms PAKENDORF: Thank
you very much, Colonel.PROSECUTION COUNSEL Ms PAKENDORF: Thank
you for your time. Thank you, Judge, I've no further questions.
PROSECUTION COUNSEL Ms PAKENDORF: Yes,
Judge, prosecution wishes to place on record that we object to defence not
leading cross-examination at this stage and specifically
35 with regards to
the examination in chief which is already placed before this court.
Sufficient time and documentation has been placed in the possession of the
defence, the defence team in order for them to prepare for cross-examination of
this witness in his examination in chief as tendered before this court. I would
therefore request that the court order defence to commence with
cross-examination of the witness and that should there be cross-examination
with regards to the documents that defence seeks to obtain, that they then
reserve their right to cross-examine the witness with regard to those documents
only then at that stage. As the court pleases.
PROSECUTION COUNSEL Ms PAKENDORF: The
prosecution calls Colonel Lentsoe.PROSECUTION COUNSEL Ms PAKENDORF: As the
court pleases. Thank you, Colonel, and thank you for
your patience waiting for us.PROSECUTION COUNSEL Ms PAKENDORF: Colonel, you've already identified yourself to the court, could you tell the
court where you work?PROSECUTION COUNSEL Ms PAKENDORF: Now.PROSECUTION COUNSEL Ms PAKENDORF: And over
the period of February/March 2001, where
were you working?PROSECUTION COUNSEL Ms PAKENDORF: What was
your position there?PROSECUTION COUNSEL Ms PAKENDORF: Okay. Colonel, do you know The Accused here, present in court today?PROSECUTION COUNSEL Ms PAKENDORF: Is that
him?PROSECUTION COUNSEL Ms PAKENDORF: I'm
asking you. It is Colonel Phiri you say?PROSECUTION COUNSEL Ms PAKENDORF: How do
you know Colonel Phiri?PROSECUTION COUNSEL Ms PAKENDORF: Okay,
the type of course?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now, I want to take you ba:k to 6 February' 2001, there was apparently
an incident that you can tell the court about.PROSECUTION COUNSEL Ms PAKENDORF: 6 February 2001 involving The Accused and Colone Kleynhans.PROSECUTION COUNSEL Ms PAKENDORF: Nickname
"Mufassa."PROSECUTION COUNSEL Ms PAKENDORF: Yes,
Judge, as the court pleases.PROSECUTION COUNSEL Ms PAKENDORF: As the court
pleases, thank you, Judge. Colonel, what happened after
the leaning forward?PROSECUTION COUNSEL Ms PAKENDORF: What did
...PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Before you get to that. Colonel: what was your
opinion of what had happened there in Colonel Johannes Hendrik Beyers Kleynhans' office on that day?PROSECUTION COUNSEL Ms PAKENDORF: Yes. No.
What do you think of .,vhat happened? If youPROSECUTION COUNSEL Ms PAKENDORF: As the
court pleases. All right. Let s go on then to the dates [a month later] in March, I want to take you there to the incident with Colonel Eddie Drost, can you tell the court
about that?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: Okay, I
just wish to show you a calendar so that you can assist the court when you say
"the Monday to the Thursday , I know it was long ago, Colonel, if you can just
tell us when this "Monday to the Thursday" was. I request permission to hand a calendar of T 999, 2000, 2001
to the witness.PROSECUTION COUNSEL Ms PAKENDORF: The 5th
to the?PROSECUTION COUNSEL Ms PAKENDORF: UhuhPROSECUTION COUNSEL Ms PAKENDORF: Okay. I
just want to ... you were talking about a session that was meant to be attended
on the 6th, can you recall that session? Can you tell the court about that?PROSECUTION COUNSEL Ms PAKENDORF:
Certificate ceremony, when was that to be held? I just want to confirm.PROSECUTION COUNSEL Ms PAKENDORF: I don't
want to lose you here.PROSECUTION COUNSEL Ms PAKENDORF: On the
7th.PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now where was the dress rehearsal meant to be?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now co.,.PROSECUTION COUNSEL Ms PAKENDORF: Okay.PROSECUTION COUNSEL Ms PAKENDORF: Now
returning back to the 6th, were talking about the Inspector General.PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now you say there was this feedback, who was present at the feedback?PROSECUTION COUNSEL Ms PAKENDORF: Who is
"everybody?"PROSECUTION COUNSEL Ms PAKENDORF: Uhuh?PROSECUTION COUNSEL Ms PAKENDORF: You,
yourself?PROSECUTION COUNSEL Ms PAKENDORF: Did you
see The Accused there?PROSECUTION COUNSEL Ms PAKENDORF: All
right.PROSECUTION COUNSEL Ms PAKENDORF: Okay, I
just want to ...PROSECUTION COUNSEL Ms PAKENDORF: get
clarity from you, the perm'ssion that you cave was for before 15:00 and that
you reminded Colonel Phiri scout the 15:00 feedback session?PROSECUTION COUNSEL Ms PAKENDORF: Okay. Then the following day, 7 March, what can you tell the court about that day?PROSECUTION COUNSEL Ms PAKENDORF: -
The following day, being 7 March 2001PROSECUTION COUNSEL Ms PAKENDORF: ... what
can Colonel Lentsoe tell the court about that day involving Colonel Phiri.PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now how are orders conducted when people appear before Colonel Eddie Drost at that time, on the
course?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now the day in question. how did Colonel Phiri enter the office of Colonel Eddie Drost?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: Okay.PROSECUTION COUNSEL Ms PAKENDORF: Okay.
And what happened then?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh?PROSECUTION COUNSEL Ms PAKENDORF: I know
...PROSECUTION COUNSEL Ms PAKENDORF: Now, in
your assessment of the situation, why was it that Colonel Eddie Drost got up and behaved as he
did? What sparked this?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh..PROSECUTION COUNSEL Ms PAKENDORF: Mm.PROSECUTION COUNSEL Ms PAKENDORF: Yeah,
that is my next question, because I understand from your evidence that you say
that Colonel Phiri did at some stage prior to these
orders, give you a document which you then gave to one Cathy. Now, are these
the self-same documents that are referred to now in their argument?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh?PROSECUTION COUNSEL Ms PAKENDORF: Okay.PROSECUTION COUNSEL Ms PAKENDORF: Okay. So at that stage wheh you come between Colonel Eddie Drost and Colonel Phiri, what happens then?PROSECUTION COUNSEL Ms PAKENDORF: AndPROSECUTION COUNSEL Ms PAKENDORF: ... what
happened now?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: What was
the tone of voice that he was using at that stage?PROSECUTION COUNSEL Ms PAKENDORF: What was
the tone of voice that he was using at that stage?PROSECUTION COUNSEL Ms PAKENDORF: Yes, the
...PROSECUTION COUNSEL Ms PAKENDORF: No, that
is ...PROSECUTION COUNSEL Ms PAKENDORF: That is
fine, we understand that ...PROSECUTION COUNSEL Ms PAKENDORF: ... if
you say it's that of an angry man. And volume-wise, what sort of volume was he
using?PROSECUTION COUNSEL Ms PAKENDORF: It was a
high volume?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Okay, what did Colonel Eddie Drost do when he got this request, or instruction to salute him,
what did Colonel Drcst do?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: I know
this is long ago, and you know \/,e're taking you back to 2001, but was
there any compliance with Colonel Phiri's request, order?PROSECUTION COUNSEL Ms PAKENDORF: Okay,
you cannot ...PROSECUTION COUNSEL Ms PAKENDORF: Okay. I
wish to take you back to earlier in the day of 7 xxx10? March 2001, you say you were the ... you
called yourself a course leader?PROSECUTION COUNSEL Ms PAKENDORF: Okay.PROSECUTION COUNSEL Ms PAKENDORF: Thank
you, Colonel, thank you, Judge.
And as the course leader can you just explain to the court, what time members
were 10 required to
report to the college each day, what time they were excused and how it
happened if they needed time off how that would be executed?PROSECUTION COUNSEL Ms PAKENDORF: Who
gives the approval then at -.hat stage, for somebody to be away?PROSECUTION COUNSEL Ms PAKENDORF: Okay.PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: Uhuh.PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Now, you say already on 6 March 2001 the Acting Commandant Colonel Eddie Drost sought an appointment with Colonel Phiri?PROSECUTION COUNSEL Ms PAKENDORF: And you
also testified that you were looking for him on 6 March, at times you did find him but then Colonel Eddie Drost wasn't Specifically with regard to 7 March 2001, can you tell the court what
attempts you made to find Colonel Phiri and when it was that you found him that
you could take him to Colonel Eddie Drost's office?PROSECUTION COUNSEL Ms PAKENDORF: Uhuh?PROSECUTION COUNSEL Ms PAKENDORF: All
right. At 10:00, where were you looking for Colonel Phiri?PROSECUTION COUNSEL Ms PAKENDORF: Okay.
Where was it that they normally had their tea?PROSECUTION COUNSEL Ms PAKENDORF: The
Wildebeest Mess?PROSECUTION COUNSEL Ms PAKENDORF: Okay, at
10:00?PROSECUTION COUNSEL Ms PAKENDORF: All
right. What then?PROSECUTION COUNSEL Ms PAKENDORF: Okay. I
just want to confirm one thing, I know it Was long aao, Colonel, but you are dead sure that it was the place where they had tea
that you went to look for the Colonel?PROSECUTION COUNSEL Ms PAKENDORF: You're
sure? Okay. If the court :an just bear with me for one second, please?PROSECUTION COUNSEL Ms PAKENDORF: Thank
you, Judge. Thank you, Judge. Thank you, Colonel, I have no further questions. Thank you, Judge:
PROSECUTION COUNSEL Ms PAKENDORF: Yes,
Judge, the earliest date that I can have the witness here is 8 March. Prosecution is keen at this stage to lead that witness' evidence
on 8 March as he is in the country for a form of a vacation from his work in
Nigeria and obviously would like to afford him the opportunity to enjoy his
leave. I therefore ask for a postponement to 8 March 2004, as the court pleases.PROSECUTION COUNSEL Ms PAKENDORF: Judge,
no pressing need other than the fact that we wish to finalise the case, I think
it's becoming clear that memories are fading and obviously the earlier the
better.PROSECUTION COUNSEL Ms PAKENDORF: That is
so. Judge, if I may just cut on record I am not available between the ...
myself, I'm not available between 15 and 19 March.PROSECUTION COUNSEL Ms PAKENDORF: The 22nd
is a public holiday, but yes, the rest yes.PROSECUTION COUNSEL Ms PAKENDORF: As.the
court pleases,PROSECUTION COUNSEL Ms PAKENDORF: I am
available, Judge.PROSECUTION COUNSEL Ms PAKENDORF: Thank
you ...PROSECUTION COUNSEL Ms PAKENDORF: After
hours or ...PROSECUTION COUNSEL Ms PAKENDORF: ... over
a weekend.PROSECUTION COUNSEL Ms PAKENDORF: Yes,
Judge.PROSECUTION COUNSEL Ms PAKENDORF: Yes,
Judge, I will make arrangements for this very same court so as not to confuse
anyone.PROSECUTION COUNSEL Ms PAKENDORF: As the
court pleases.
VIDEO THREE
VIDEO FOUR
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| Honorouble Judge Claassen, whose 2004 order for the pre-March-6-2001 Board of Inquiry for Phiri was ignored to this day by the Zuma camp all through an intricate but unsavoury means that involved even Judge President Bernard Ngoepe of the Gauteng North Division of the High Court who was receiving missives and prods from the executive arm of the state to ["speed up the Phiri case so that Phiri can be gotten rid of fastest"], Zuma's team even tried to side-step the Claassen order by reopening the same Claassen-resolved matter with a different judge (Sithole A J) who too, just like Claassen, through them out. It is now when Ngoepe showed his hand again by appointing an all-white full bench (emotions were running high with that full bench who were clearly angered by this 'black man who had called their fellow white man a racist': and so the full bench dipped into those allegatins against me and naturally threw me out in favour of Ngoepe and Zuma... YEt It WAS NOt tHE BRIEF OF tHE FULL BENCH tO COMMENt ABOUt CHARGES I FACE IN tHE DEPARtMENt OF DEFENCE, tHEIRS WAS tO CHECK IF CLAASSSEN'S ORDER HAD BEEN COMPLIED WItH AND IN tHAt RESPECt tHE FULL BENCH FAILED DISMALLY which is why I am currently at the Constitutional Court with that matter of the Board of Inquiry denied me by a Zuma persecuting through the courts and through his buddy-buddy relationship with a senior judge or two!!) |
This then is the reason why I have approached the Constitutional
Court in order to get that report. I pray for the Constitutional Court to also
force Mr Zuma to commit himself when he is going to finally respond to the
grievances launched with his office (in relation to Inspector General Mashoala’s
malicious refusal to hear my side of the story on the College when there were clearly
people on his audience who were accusing me of wrong behaviour on the said College)
prior to the charges of 09 March 2001.
Surely Zuma does not want to see himself recalled by the ANC, just like Mbeki
was, before attending to the grievance I launched with the President’s
office. Penultimately, I will beseech of
the ConCourt to tie all the many persecution charges together, as every
imaginable pro-Eastern-Cape black racist with power these days will throw his
own silly charges against Phiri who is anti-racism. This is all Zuma’s malicious ruse to commit
me on too many fronts and finally kill me with court exhaustion! Lastly, Zuma should
be forced by the highest court in the land to treat me like the full-fledged
civil servant that I am; I mean, I should not be paying lawyers for my own
prosecution, but the state should, from the level of the military court to the
highest level of the Concourt!
Otherwise, Zuma has finished both our civilization in South
Africa, to say nothing of our democracy because the first person who started
civilization was not the man, rather it was that woman who domesticated the pig
and started to till the soil and thus forced the men folk to build a house
around which the pig could loiter and the otherwise wild plant (since domesticated
too) could grow till harvesting season.
And any man who disrespects a woman’s body is a savage.
THE STATE'S CASE
PLEA PROCEDURE:
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The first charge relates to 6 February 2001, using insubordinate or insulting language in contravention of Section 17 Military
Disciplinary Code-MDC whereby you would have
told Colonel Johannes Hendrik Beyers Kleynhans that you did not agree with the way he
did his work, and told him ... or said ... or replied to the said Colonel "I am fucking telling you
that", how do you plead?
GOODMAN MANYANYA PHIRI:
Not guilty.
 |
| Kleynhans |
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The alternative thereto, on the exact same fact is a charge under Section 46 Military
Disciplinary Code-MDC, how do you plead?
GOODMAN MANYANYA PHIRI:
Not guilty, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The 2nd alternative to the first charge, also on the same facts is a
contravention of Section 45(a) Military Disciplinary Code-MDC where such conduct would be riotous
or unseemly, how do you plead?
GOODMAN MANYANYA PHIRI: Not guilty, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE: The second charge relates to
criminal .. the common offence ... the common law offence of crimen injuria
that on that same day, 6 February you said to Colonel Johannes Hendrik Beyers Kleynhans that he's a racist and that you
hate racists with the intention to impair his dignity and which words
also, according to the charge sheet did impair his dignity. How do you plead to
this second charge?
GOODMAN MANYANYA PHIRI:
Not guilty, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The alternative thereto, under Section 17 Military Disciplinary Code-MDC is that by saying such words to Colonel Johannes Hendrik Beyers Kleynhans your
conduct would have been threatening or insubordinate, or
insulting. How do
you plead to this first alternative?
GOODMAN MANYANYA PHIRI:
.Not guilty, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The second alternative is under Section 46 Military Disciplinary Code-MDC that saying such words to Colonel Johannes Hendrik Beyers Kleynhans would
be to the prejudice of military discipline. How do you plead to the second
alternative?
GOODMAN MANYANYA PHIRI:
Not guilty, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
And there's also a third alternative that by saying to Colonel Johannes Hendrik Beyers Kleynhans that
he was a racist your conduct would, under Section 45 Military Disciplinary Code-MDC amount to unseemly or riotous
behaviour. How do you plead to the third alternative?
GOODMAN MANYANYA PHIRI:
Not guilty, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The third charge relates to also 6 March under ... and the charge is under Section 14(b) Military Disciplinary Code-MDC which is absence without leave whereby
you are charged with having ... without good and sufficient cause ... well
that's 35 the way its framed, that you would have
unlawfully and intentionally or negligently failed to appear at a place of duty
being the Army College for a feedback session on the Inspector General enquiry. How do you plead to this
allegation of absence?
GOODMAN MANYANYA PHIRI:
Judge, if you could spare the court this anguish.. I'm not guilty to all the charges read so far and the several others you are ever going to read.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you. Is that in accordance with your instructions, Colonel?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY:
-Yeah, the plea is according to my instructions.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you very much. Colonel Phiri. you maybe seated next to your defending counsel.
GOODMAN MANYANYA PHIRI:
Thank you, Judge.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:Could I just have
one moment before I give you the floor? Yes, Colonel Simelane, you have something to share with the court?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge, I was asking for an opportunity to consult with Colonel Phiri on the implications of the verdict, on the request for postponement. [whereby Venter refused me a postponement in order that I as Phiri should petition the High Court for the Inspector General Mashoala's Report intertwined with the allegations against me as Phiri]
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge, I was asking for an opportunity to consult with Colonel Phiri on the implications of the verdict, on the request for postponement. [whereby Venter refused me a postponement in order that I as Phiri should petition the High Court for the Inspector General Mashoala's Report intertwined with the allegations against me as Phiri]
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:
Before we ... before I ... (unclear) ... consider that application for a remand. Madam Prosecutor, are you in
a position to call any witnesses at this stage as we stand, or sit down?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:
Yes.
No, I fully understand and appreciate your position. Very well, the time then
now is 14:16, we shall stand down until shall we say 14:45 which gives you +- half an hour to make the necessary arrangements? Would that suffice for you to
deliberate with your client?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Not exactly sufficient, we're looking at about 45 minutes to an hour.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:
Right, then 45 minutes it will be. At 15:00 the court will reconvene.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: As the court pleases.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:
Thank you, Mr Court Orderly. Thank you, Colonel Phiri, you may withdraw. The time now is 14:17; the
tape will be stopped.
(Court adjourns)
((Court re-opens))
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:
In the matter of State versus Phiri, the time now is 15:10 on 25 FEBRUARY
2004. Colonel Simelane, you have taken instructions from your client. Is that correct?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you very much. Madam Prosecutor?
4) MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE: Right. Before then
... before we then proceed to the state where the witnesses are formally called
the procedure makes provision for formal admissions to be made by the defence
should there be any. Can the defence indicate, would you be in a position to
tell the court, are there any formal admissions that you wish to place on
record?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Judge, there are no formal admissions
at this stage ... (unclear) ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Would the defence... would the prosecution want to make any formal
admissions in favour of the defence?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Right. Then I will require from the prosecution to deliver an opening address
indicating to the court, you've now mentioned the names of the two first
witnesses to be called, if you can just identify the third witness and give us
a short synopsis of what we could expect from these witnesses.
PROSECUTION COUNSEL
Ms PAKENDORF: As the court pleases, Judge.
OPENING ADDRESS BY THE PROSECUTION
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Lentsou? Len...?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Thanks.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Would the defence want to make en opening address?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: (No reply).
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Not required of the defence but if you would like to, you
may.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: No, we're not making an opening
address, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Documents admissible by mere production from the side of the state?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Statements by The Accused?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Very well, we've reached the stage where the first witnesses would be called by
the prosecution, this matter shall then stand down as per agreement, until
tomorrow morning at 08:00 at which time I understand Colonel Eduard Frans Drost to be the first
witness?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY:
. Thank you.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:'l bid you a good evening, the tape is to be stopped: The
time now is 15:15, The Accused may withdraw. Thank you, Mr Court Orderly
5) (Court adjourns)
((Court re-opens))
((Court re-opens))
6) MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
In the matter of the State versus Phiri, the time now is
08:06 on 26 February 2004. The first witness for the prosecution has been called to the
stand, Colonel Eduard Frans Drost, is that correct?
CASE FOR THE PROSECUTION
7) WITNESS NUMBER 1 :
76532951 PE : COLONEL : EDUARD FRANS DROST (Hereinafter referred to as
"DROST") GIVES EVIDENCE UNDER OATH
8) MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you, you may be seated behind the microphone.
STATE-WITNESS COLONEL EDDIE DROST:
Thank you.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Madam Prosecutor?
EXAMINATION IN CHIEF:
STATE-WITNESS COLONEL EDDIE DROST:
I'm currently a Project Officer at Army HQ, at the HR Section.
STATE-WITNESS COLONEL EDDIE DROST:
I then was the acting commandant of the South African Army College.
STATE-WITNESS COLONEL EDDIE DROST:
Yes, I do.
STATE-WITNESS COLONEL EDDIE DROST: Colonel Phiri was one of the learners that were on course with us at the college, he
was one of the Junior Command and Staff Duties students.
STATE-WITNESS COLONEL EDDIE DROST:
Okay, there's a Unit Part 1 Order thast stipulates working hours throughout, it
says the following that you have to be at work at 07:45. The students actually
also have their own time schedule, sometimes they arrive early on course and they
have their own things that they do before hours, but official 07:45 up until
16:15 is the official working hours. It is expected of anybody to stay at work
and to do his work on a daily basis, if you want leave for some or other
activity there's a specific format and a specific procedure which you have to
go through. If you are a normal working member you ask your superior and he
will then say yes or no, or whatever the case may be. If you are a student on course you will normally either go to the
chief instructor and ask him permission to leave, or the course leader if you
need to leave early, or you write a letter if you know prior to when you want
to leave, let's say you want to leave within two days you can write a formal
letter and say "I need to be excused" [on] that specific day.
STATE-WITNESS COLONEL EDDIE DROST:
For sure, for sure.
STATE-WITNESS COLONEL EDDIE DROST:
Junior Command and Staff Duties course.
STATE-WITNESS COLONEL EDDIE DROST:
Positively, that is their own internal student arrangement that they make, and
which they conform to.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Judge, may... can I just object ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: ... I just want to indicate to ...
(unclear objection)
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... Judge, that which we would like to place on record (1) is that prosecution counsel must not, in our submission, no objection, lead the witness. (2) The witness must testify and .in relation to the charges for which he.......has been identified to be a witness: It must be clear as to which charges we are dealing with in his evidence and I would presume an indication would suffice from counsel to say, the member has been charged of this and you are the witness in that regard, could you tell the court what's all about insofar as he has contravened this. The general statements- and terms on the JCSD and where the college is located perhaps counsel would have, in his (her) opening statement briefed the court about that, you know, the case relates to events that took place at such a place and you know and this is a college, but we expect from the side of defence that when a witness is called and is on record that he's going to testify on certain charges that he testified on that, that is our objection, Judge.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... Judge, that which we would like to place on record (1) is that prosecution counsel must not, in our submission, no objection, lead the witness. (2) The witness must testify and .in relation to the charges for which he.......has been identified to be a witness: It must be clear as to which charges we are dealing with in his evidence and I would presume an indication would suffice from counsel to say, the member has been charged of this and you are the witness in that regard, could you tell the court what's all about insofar as he has contravened this. The general statements- and terms on the JCSD and where the college is located perhaps counsel would have, in his (her) opening statement briefed the court about that, you know, the case relates to events that took place at such a place and you know and this is a college, but we expect from the side of defence that when a witness is called and is on record that he's going to testify on certain charges that he testified on that, that is our objection, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
You don't need to answer.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
You don't need to answer.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you, I won't give you an opportunity. In respect of leading questions
whereby you do say to the witness I assume, or I presume or is that then
correct may then lead to a leading statement to a witness, quite correct. Secondly,
the second aspect is denied there is no such instance as that there is an
obligation upon the prosecutor to only lead her or his witnesses in respect of
certain charges, specifically the first witness in the case, and specifically at
the start of his evidence certain background information may be extracted from such a witness to place
the court in a position to understand the proceedings, or the events rather,
against a certain background, so I will allow that under the circumstances.
Please proceed.
PROSECUTION COUNSEL Ms PAKENDORF: Thank
you, Judge, as the court pleases, I was in any event going to move on to the
incident at hand before this court today. Colonel, it is alleged that
on 7 March 2001 there was an incident where you were involved and where The Accused was involved, can you tell the court
about that incident please?
STATE-WITNESS COLONEL EDDIE DROST:
This incident on 7 March took place at more or less plus 12:00/12:45 where I had Colonel Phiri on office orders to give him feedback and to inform him with regard to
what was happening to an incident between himself and Colonel Johannes Hendrik Beyers Kleynhans so
the idea was to give him feedback and to say to him "this is where we
stand with regard to the system, and the whole incident that happened and this
is what I am going to do."
STATE-WITNESS COLONEL EDDIE DROST:
Okay. At that specific time I had a double-hat appointment, I
was the acting commandant and I was also the chief instructor at the Senior
Command and Staff Duties branch, so these orders took place in my office at the
chief instructor's office of the senior command and staff duties branch and the
person who joined me there was Colonel Raymond Lentsoe who was the course Leader of the Junior Command and Staff
Duties branch so he brought Colonel Phiri in on orders and ... I do not know, do
you want me to carry on with the whole incident?
STATE-WITNESS COLONEL EDDIE DROST:
Okay.
STATE-WITNESS COLONEL EDDIE DROST:
Okay. So at 12:45 Colonel Phiri finally pitched up and then we decided
now is the order time. So Colonel Phiri was marching in the orders, he marched in, he halted,
made a left-turn and immediately he came to a stop... he immediately went and
stood at ease. I then said to him this is a formal office bearing so he had to
stand at attention.
STATE-WITNESS COLONEL EDDIE DROST:
The usual drills is a guy marches in neatly, he
makes a left-turn and he stands there and he salutes, in his case as en officer
he salutes and then he stands at attention and then the whole office bearing is
finalised, he salutes, he makes a left-turn and he marches out of the office once again.
STATE-WITNESS COLONEL EDDIE DROST:
No, there's no other positions.
STATE-WITNESS COLONEL EDDIE DROST:
Okay. Then after I reprimanded him to stand at attention he
physically showed his displeasure by staying at attention but looking up in the
air, rolling his eyes and I got the idea that he was highly agitated with
what was happening at that specific ... or in that office.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The court takes ... (unclear) ... what standing at attention means in the military. Thank you, you may proceed.
STATE-WITNESS COLONEL EDDIE DROST:
Okay. Righto, I then asked him where he was on the 6th and on the 7th because he was supposed to be at work and I was supposed
to give him feedback already on the 6th and on the morning of the 7th as this
was already at 12:45. He then refused to answer me initially, and then again I
asked him, "Colonel, where were you on 6 March", the next moment he said to me, "go ask my lawyer." I
said "Colonel, where were you on 7 March, the morning", "go ask my lawyer", so I was a bit taken
aback by these comments that he made and I saw that we were going nowhere with
regard to this question, so I then gave him a formal order to write me a
statement, or a paper telling me where he was and he had to hand that paper in
at 08:00 the next morning on the 8th. I then proceeded by informing him that I
have received both Colonel Johannes Hendrik Beyers Kleynhans' incident report which I also provided
to him
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Sorry, could you just repeat that, you ..?
STATE-WITNESS COLONEL EDDIE DROST:
I have received Colonel Johannes Hendrik Beyers Kleynhans' incident report ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes?
STATE-WITNESS COLONEL EDDIE DROST:
... which I went through and I also received his incident report after
responding to Colonel Johannes Hendrik Beyers Kleynhans' incident report, and that I've read
through it and that I was then going to convene a commander's
'investigation because I could not make a decision on who is right and who is
wrong, and that he then had to report to Colonel David Maswanganyi at 13:30 to do the commander's investigation that day. I
then asked him to read through the paper, the incident report that I had, or
the orders report that I had in front of me and to sign it, he then flatly
refused to sign it and in the word of "I won't, I won't". I asked him twice to read through the report and confirm it, and he said he would
not do so. Then I asked him and I said, "Please, Colonel, you are a Colonel I address you by rank i think it's proper for you to address me by my
rank as well" and then the next moment there was a ... like the marine
corps guys go, and he said "Yes, Colonel" and he was
shouting at me whenever I asked him "Yes, Colonel" or whatever the case may be.
STATE-WITNESS COLONEL EDDIE DROST: [Jeepers], I was strictly taken aback, I could not believe what was happening here in
front of me. I thought it was totally out of line for a senior officer to
react in that specific way. I then asked him ... or I then excused him as well
from my office. The next moment he asked me what happened ... or if I received
the document, or the redress of wrongs [directed to the State President] that he forwarded to me against [Army Lieutenant General Gilbert Ramano-appointed Inspector General Enoch Musiseng Mashoala]. I said to him, "Colonel, no, this is not the time to
discuss that now, this is formal office orders we can discuss that later",
he did not want to leave the office, I then again said to him "Colonel,
you are excused", he did not leave the office. The third time I said to
him, -Colonel, you are excused" finally he made a left-turn, he Marched off to the door, suddenly he stopped, he halted, he saluted towards
the door and he looked to me and he said, "Colonel, salute me, Colonel, salute me. Oh! You don't want to salute me" and shoops down the
corridor he went. Stood there in total amazement, and when he was down the
corridor I said to Raymond Lentsoe, "just confirm, I saluted and he was
off", and that is what happened on that specific day.
STATE-WITNESS COLONEL EDDIE DROST:
Well, he was totally un-disciplined to my opinion, and he was actually ...
well, I got the idea, and I felt that he was challenging authority from the
minute he stepped into that office, and that only ... or that feeling was
aggravated as we carried on.
STATE-WITNESS COLONEL EDDIE DROST:
Okay, the Inspector General feedback session took place on the 6th at 15:00, all the Directing
Staff’s and the chief instructor, and the course leader as well as all the
students were supposed to be there, and I was also attending that specific
feedback session.
STATE-WITNESS COLONEL EDDIE DROST:
Okay. ..Okay, it's actually a long story;, there was a lot of call it political bickering between the students, and those type of things, there were
allegations made that the Mufassa, who is the course chairman made
political speeches and all those type of activities as well. And then there was
a ... I think it was a Swedish visit where they once again said that the Mufassa made political speeches, and finally it was with regard to the final [activities] of the Mobile Phase where the Mufassa once again made certain
statements which, according to some of the people, were not in line. I was
informed about this by Lieutenant Colonel Lentsoe and I then said "well, I'm
not going to try and investigate this whole matter" so what I did is I
phoned the then Training Formation Commander, [Brigadier Barend /Deon Steyn d.o.b. 28/03/51] and I said to him
"please come and investigate the allegations that are made here, I think it
is out of the college's authority to do that specifically and we need ... what
is "onafhanklike?"
.
STATE-WITNESS COLONEL EDDIE DROST:
... independent opinion about this whole thing. What happened then was the Inspector General was appointed to do the investigation.
They did the investigation, they finalised the investigation and they
were then ordered by, I assume, Chief of the Army [Lieutenant General Gilbert Lebeko Ramano d.o.b. o7/07/39] to give feedback to the
students with regard to the findings of that board, and that happened on the
6th at 15:00.
STATE-WITNESS COLONEL EDDIE DROST:
No, he was not present.
STATE-WITNESS COLONEL EDDIE DROST:
Yeah, I think he was required to be present.
STATE-WITNESS COLONEL EDDIE DROST:
No, he
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Right, to ascertain, were you present at that session yourself?
STATE-WITNESS COLONEL EDDIE DROST:
Yes, I was present there, yeah.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you.
STATE-WITNESS COLONEL EDDIE DROST:
He was definitely required to be there, yeah. All the
students had to be there.
STATE-WITNESS COLONEL EDDIE DROST:
Well, I later received his document where he stated the reason why he was not
there. Now if I can ...
STATE-WITNESS COLONEL EDDIE DROST:
That's positively, yeah.
STATE-WITNESS COLONEL EDDIE DROST:
STATE-WITNESS COLONEL EDDIE DROST:
And in that document he said that, if I can remember correctly, that he
had an arrangement with Colonel Lentsoe for 15:00 that afternoon, but that he was writing some or other
document and that he overstepped the time, and that he then directly went to
Chief of the Army to hand his side, or his response to certain documents as
well.
10) STATE-WITNESS COLONEL EDDIE DROST:
I had to have it by 08:00 on 8 March, I did not receive
it at the 8th, I received it somewhere through the day. I can't exactly
remember the time that I received it, but I did not receive it 08:00 that
morning.
STATE-WITNESS COLONEL EDDIE DROST:
I think what is important is just to understand the context as well of the
whole thing. The whole story started off on 2 March where I actually had Colonel Phiri on office orders after receiving the incident report of Colonel Johannes Hendrik Beyers Kleynhans. When
I got him on office orders I said to him, "here is the incident report and
the statement written by Colonel Johannes Hendrik Beyers Kleynhans which is vital because it accuses you
of certain things."
STATE-WITNESS COLONEL EDDIE DROST:
So to give him a fair chance to react to that as well, I asked hiM "go
through this document and then on Monday 08:00 provide me with your side of the story as well." Once again,
on Monday 08:00 he did not provide me with the document, and I also received the
document later that day only. Then I started, and I asked that he come on
office orders on the 6th which I think it was more or less 12:00 where I asked...him... that he appears before me on office orders so that I can inform
him of what is going to happen after the commander's investicatioft he was not
available. Then I said to Colonel Lentsoe "you've got leeway through the day, go get him and whenever
he's available let him come" and I never saw him on the 6th. On the 7th I
had a communication period with my students, my own senior students that
morning, and directly thereafter I once again phoned and I said, "is
Cclcnel Phiri available" and he once more was not available. The first time
that I saw Colonel Phiri...
11) PROSECUTION COUNSEL Ms PAKENDORF: Sorry.
When you phoned you spoke to?
STATE-WITNESS COLONEL EDDIE DROST:
I spoke to ... I think it was Colonel Le-tsoe. The first time that [Phiri] was available for office orders was
more or less ... I think it was 12:45 that I saw him, but more or less in that
vicinity; so this thing actually dragged on from the previous Friday up until the Wednesday.
12) STATE-WITNESS COLONEL EDDIE DROST:
Thank you.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Defence?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Judge, as indicated yesterday the
defence will reserve cross-examination so that at the appropriate time when
certain documents are available such investigations ... such cross-examination
will be done. I can indicate to the court that instructions have been given and
that are being worked on by the relevant attorneys to work towards the High
Court motion.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
But I confirm, as between the postponement yesterday afternoon
at
early afternoon, before I think 15:00 still and this morning has any such an
application to the High Court been lodged?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: The ... Judge, we're in the courses of
taking instructions, we ... there were consultations that took place yesterday
between the member and a certain firm of attorneys, I've got the business card
here, it's Ramotwala, ... (unclear) ... Incorporated and ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Is there a telephone number?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: The telephone number is available, It's
+2712for Pretoria, 3234824.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
And the attorney of record?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: fVlafora Daniel Ramotwala.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Himself?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes, it is Mr Ramotwala himself ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Excellent. Thank you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes, the ... i also had consultations
on ... as instructed by client with the Legal Resources Centre.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Mm.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: And arising from that consultations the open democracy of South Africa was brought into play(?) and as ...
after adjournments today I will get in contact with the lawyers of the Open
Democracy Centre and Ramotwala to streamline those kind 'of instructions to get
the documents which are necessary for this case, which include the
investigating report which the court has heard about, The Accused's report.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Madam Prosecutor?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Any remarks to that?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes, Judge, they would be very short
remarks. The remarks in this line that defence ... defence counsel conduct
their own case and not the prosecution's case, that the defence in the
interests of The Accused member and with regard ... with ... in consideration also to The Accused member's constitutional rights him
being afforded the relevant opportunity to prepare his defence that is in
accordance with those rights and that would be his cross-examination is
reserved so that the ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Just one moment, for the helicopter to pass.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes. The essence of the response,
Judge, is the constitutional rights of the defence, The Accused to prepare his defence and to have all
the documents he wants, he requires to do that. And that the cross-examination
is reserved in entirety at in the interest of the member and in the discretion
of defence counsel as to how it will be conducted. It is not for the
prosecution counsel to dictate how the defence must conduct its case. This is
our submission, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you very much. The count will stand down to consider the application. The
timeinow is 08:33, 10:30, of tea we will make known our finding whether a
postponement be oranteO to allow the High Court application to proceed before
cross-examination should take place, or whether cross-examination shall take
place irrespective of whether there is an application to the High Court. Colonel Eduard Frans Drost, you may stand down, if you could be available then at 10:30. Thank you very
much.
STATE-WITNESS COLONEL EDDIE DROST:Will be, Judge.
MICHAEL ALBERTUS VENTER,
SENIOR MILITARY JUDGE:
Thank you, Kolonel. Kolonel? Kaptein? The time then
is 08:34 and the tape is to be stopped.
((Court closes) to consider application)
(End of tape 3)
(Transcription continues on tape 4)
((Court re-opens))
FINDING
((Court closes) to consider application)
(End of tape 3)
(Transcription continues on tape 4)
((Court re-opens))
FINDING
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Regarding the instruction that Colonel Phiri supplied to his defence counsel not to
continue with cross-examination in this matter pending an application to the
High Court, or an order to release certain documentation that they would
require for cross-examination of this witness, and the following I find of
relevance. In the matter of the S v Strowitzki, 1995 (1), SALR 414, a Namibian
case the following was said and I quote:
13) "It is clear that the court leaned
heavily against allowing inter loquitra appeal in criminal cases
..." as long ago as 1917, the reason for this was given by
,Tztclge Gregorowski in the matter McComb v ARM Johannesburg and the Attorney
General, 1917, Transvaal Division TPD 717 at page 718 as follows, and I quote:
"The idea of a trial is that it should as much as possible con ... I
repeat, the idea of a trial is that it should be as much as possible be
continuous, and that it should not be stopped. if this kind of procedure were
to be allowed it would mean that a trial maybecome protracted and make extend over a number of months, the magistrate
would sit on one day and hear part of the evidence of a witness, then the
hearing would have to be postponed till the opinion of the Supreme Court could
be taken perhaps a month or two later, thereafter the trial wouldagain be
continued and after some months... I repat after some months and immediately it
is resumed objection May again be raised in connection with some evidence with an application
again to the Supreme Court and again back to the magistrate. I think that would
produce an intolerable condition of things. I do not say the court May never interfere in the course of a trial before the magistrate, there maybe misconduct on the part of the
magistrate or something of that kind, but when a case comes before a magistrate
I think he must use his discretion and give his decision." That then what
was said by Judge Gregorowski. Judge Hannah who presided in the matter of S v
Strovvitzki then continued and says: "This approach has been reiterated
time and again over the years, for example, in the matter of Wahlhaus and
Others v the Additional Magistrate Johannesburg and Another, 1959 (3), SALR
113, an Appellate Division case where Ogilby Thompson, Judge Appellate at the
time said at page 119, paragraph (e): "The practical effect of entertaining
an appellant's partition would be to bring the magistrate's decision under
appeal at the present un-concluded stage of the criminal proceedings against
them in the magistrate's court. No statutory provision exists directing
sanctioning such a course, not even if the preliminary points decided against The Accused by a magistrate be fundamental to The Accused's guilt will a superior court order ordinarily interfere whether by way
of appeal or by way of review before a conviction has taken place in the inferior
court."He then closes the quote from the F,ralhaL case and continues then
at 120(b) the learned judge of appeal went on to approve the following
statement in Gardner and LCInSC-10111n, Sixth Edition, (1) at page 715. I
quote: "While a superior court having jurisdiction in review or
appeal will be slow to exercise any power, whether by a mandaus or
otherv.ise upon the unterminated course of m proceeding§ in a court below
it certainly haS the power to do so, and will dc so ... I repeat, and will do
so in rare cases where grave injustice.. might. otherwise result or where
justice might not by any other means be attained. In general, however. it will
hesitate to interfere especially having regards to the effect of. such a.
procedure upon the continuity of proceedings in the court below it, and to the
fact that redress by means of review or appeal will ordinarily be
available." That then in respect of what I wish to point out of the case
of Strowitzki. I move on, and I wish to refer to the matter of the S v
Attorney General of the Western Cape and S v the Regional Magistrate, Wynberg
not ... I repeat the reference is incorrect, not the state, it's S v Attorney
General of the Western Cape and S v the Regional Magistrate, Wynbeg and
Another, 1999 (2) SALR 13, a Cape Provincial Division case. I quote: "This
cases raises the question whether given the circumstances of the matter a
review is competent in respect of the aforementioned inter loquitra order made
the magistrate, or whether it should await the final conclusion of the case.
The leading case in this respect is Wo/haus & Others with the additional
Magistrate Johannesburg and Another, 1959 (3) SALR 113, an Appellate Division
case where the Appellate Division lays down the general rule that ordinarily there
should not be inter loquitra appeals and reviews before finalisation of the
criminal trial. In the course of his judgement Ogilby Thompson, Judge Appellate
as he then was, said the following at page 119, paragraphs (d) to 120 (a) and I
quote: "If an appellant's contends the magistrate erred in dismissing the
exception and objection to the charge his error was that in the performance of
his statutory functions he gave a wrong decision, the normal remedy against a
wrong decision of that kind is to appeal after conviction. The practical effect
of entertaining the appellant's partition would bring to the magistrate's
decision under appeal at the present un-concluded stage of the criminal
proceedings against him in the magistrate's court. No statutory provision
exists directing sanctioning such a course nor, even if the preliminary point
decided against The Accused by a magistrate be fundamental to The Accused's guilt will a
superior court ordinarily interfere, whether by way of appeal cr by way of
review before a conviction has taken place in the inferior court." I also
wish to draw your attention to the matter of Lombard and another Esteerhuizen
and Another 1993 (2) SALR 566, a Witwatersrand Decision for your discussions of
the same principle. In this matter of State versus Phiri the decision by Colonel P R Venter stands, after he had
listened to the evidence specifically brought before the court by way of The Accused himself testifying, and he has heard
arguments about the required information requested by the defence. I do not
intend re-deciding that issue, what I do find of importance in the decision of Colonel P R Venter is that The Accused seems to be well positioned to
challenger the allegations in the charge sheet by virtue of his personal
knowledge of the events at the army college. He further has the option of
calling witnesses to substantiate his version of the events, he has the right
to cross-examine state witnesses and put his version to them. I again
considered the nature of the charges, that is specifically that they are not
technical in nature that would typically require documentation to be placed
before the court in the form of either expert witness or in the form of
official documentation of the National Defence Force to prove or disprove the
actual commission of the offence, such as orders that were not committed, fraud
that maybeen committed in
respect of subsistence in travelling, or leave, alteration of leave
documentation, or official authority for absence from work, et cetera. Rather
the conduct complained of are of simple occurrences and the question in the
instance would be did they occur, or not. As I understand from the defence the
documentation that is required is not so much to contest the octus reaos(?) in
any of the instances complained of by the state but would rather be utilised to
show the victimisation. Given the circumstances described by The Accused in his evidence before Colonel P R Venter, it appears that he should
have plenty of witnesses whom he can call to substantiate such an allegation
and that therefore he cou:d use such witnesses to the same effect that he
intends to put the documents to use for. I fail to see why this court should be
held up so a High Court application can be made to obtain documents that had
already been ruled are not required for the defence's defence. Furthermore, it
woucl appear to me that The Accused's prospect of
success in such an application, given the authority I referred to above, is
extremely thin. I therefore again will not postpone the matter pending a High
Court application such as envisaged by the defence. Cross-examination is
available to The Accused. Colonel Phiri, should you not make use of this
opportunity to cross-examine the witness the possibility exists that the tender
... that the evidence tendered by this witness May in it's un-contested form constitute prima facie evidence of the
elements he testified about, and May eventually be accepted as sufficient proof, note that in the case of S v
van As, 1991 (2), SALR 74, a Witwatersrand Decision, the court had the
following to say about failing to cross-examine inter cilia:
"It is a cornerstone of the
administration of justice in South Africa and elsewhere that counsel should put his case to the witnesses for the
other side, where, as in the present case The Accused's version has given
in his evidence is that the particular state witness has committed perjury and
that there was a fabrication of evidence by such witness, it follows from the
decided cases that in appropriate case an inference must be drawn against The Accused where his counsel has not put the
relevant question to the witness concerned. The inference is inevitable that The Accused when the cross-examination of the state
witness in question was taking place, did not dispute the particular point and
that he charged his version thereafter when testifying." This court
will not stand down to a ow time for the defence to first approach the High
Court in the applicaticn envisaged by the defence, and that this shall
continue. Colonel Simelane, if you now wish for this matter to stand down for 15 minutes so that you
may take fresh instructions from Colonel Phiri, you may do so. Do you so wish to take fresh instructions?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: No, my ... I have instructions already, they are new instructions.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Right, then I once again afford the defence the opportunity to
cross-examine the first state witness.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Judge my instructions still stand that
we reserve the cross-examination of this witness Until such time that the
relevant records are obtained. In view of the court's judgement now on this
issue. and ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes? You may continue.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: In view of the judgement as I've heard
it, it would appear that there is a need for an urgent application to the
High-Court, and we will need the assistance of this court in getting the
transcripts because the for the urgency ... to establish the urgency of this
matter we should be able to relate to the present decision that the matter of
this application we want to bring be on an urgent basis. It is not my intention
to address the court on the verdict, of course yes, ... (unclear) not on appeal. But it becomes apparent to me, because the question of
the nature of the application to be brought whether it would be urgent, or in
the normal course the nature thereof it's become apparent that this application
will have to be on an urgent basis and the urgency will be established by the
record of proceedings of today. And I'm asking the assistance of the court on
the basis that to experience and through the certain administrative orders I'm
aware of from the Directorate of Judicial Reviews here at the SANDF that the
records before the conclusion of the trial would not be made available, and if
it ... unless it's required by the court or it's at the court's instruction, if
it's required by the member it must be the member's expense. It is that point
of view that I'm ... in fact I'm requesting the court's assistance in fact to
get this transcript, in fact the whole transcript from the 27th of last
month when Colonel Colby recused herself and the recent proceedings that we have had, these
transcripts will be useful to us, to the member, to The Accused in his pre... in his application to the
High Court. Of course more importantly the pronouncement of today by the judge
that they would appear they ... (unclear) ... they will address the issues of urgency. Yeah, there are
distinctions, I'm aware of the ... (unclear) ... which the court has just mentioned and even that T'T/C77::11,5' case
that the court has mentioned we were aware that the ... but what the judges
were saying there, which the court mentioned in terms of you know it's not just
a point which one can deal with on the question of there's a point ... (unclear) ... is appealing ... (unclear) ... In this case were dealing with a case of grave injustice. This case
of this member has moved to the ... particularly of grave injustice, it's not a
matter that could be dealt with by even appeal or review for more tnan one
reason. From the evidence as we understood it from the witness, he ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
May I? You said you did riot want to discuss the decision and ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes, Judge,.thanks
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
... but you are actually going to 0: that now I see.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Okay, I'll rephrase. I'll rephrase. I
can only ask the court's assistance for the records I've mentioned since the Colonel Colby's court to the present
court, if these records can be obtained at the direction of the court, and they
will assist us as part of the instructions in this urgent application ... (unclear)
14) MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
There is provision made for records to be transcribed and made available to a
person requiring them for whatever purpose at the prescribed rate in the
Military Disciplinary Code-MDC, so if ... certainly, you require them for this
application I see no reason why ... of why you cannot make use of that
procedure. If I'm not mistaken the request must be made to the GEOIC of Army
Law Enforcement Satellite Office, Thaba Tshwane who shall then issue the
necessary instructions in that regard. I certainly do not require them for
myself, and seeing it ... as there is another procedure available whereby you
can request such, I feel it unnecessary to make that an order of the court.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: You know, it's granted, really, Judge,
we are asking the kind of direction from the court to obviate the question of
cost, is ... the court is aware the member is burdened with heavy costs
and the nature of the application that he's bringing and we thought that if the
court was to meet the member halfway, those costs would be obviated.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Right, ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: That is the nature of the request.
really.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
I fully appreciate your request. I must however repeat that the decision is not
mine to make. The instruction received from the adjutant general was clear that
matters to be transcribed would. in the normal course of events, ... normal
course of events I repeat, the plea ... the findings of guilty he did however
allow for other matters also to be transcribed, and without saying that this is
such an instance it could be that there is ... that he would see it to such a
request from yourself, but as I pointed out the GEOIC of the Army Law
Enforcement Satellite Office would be the channel for you to approach in that
retard. I certainly do not require it for my own purposes, or for finding in
this matter ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yeah.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Which now, if I understand was
sr.nplj/ a request from your side for the transcription of the proceedings u;
to now?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY:.
Yes.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Right?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes. We ... I presume we're z:ven no
choice but the member will have to proceed at her (his) own cost to getiiimeansoriptions.
The ... we will, of course, the court is aware now in terrhs of my
instructions, reserve this cross-examination and everything being equal in the
nature of if we ... assuming we'll be able to go in the nature of an urgent
order we should be able to have these documents at the close of the state's
case. And we will ask then these witnesses to be recalled because it is
important ... it's not a quiz where we're saying we're not using ... I'm
referring in particular to the authority of the court quoted in the last case
mentioned, this van somebody, 1991 (2) ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: S v van As? Yeah, this van As case,
we the present member's case is distinguishable from the van
As case where the member does not use the
10 opportunity to
cross-examine.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: I beg your pardon, in the present case?
Where the member in van As case where the member ...I'm sorry if I'm not
audible, in ... where the member does not use the opportunity to cross-examine.
I say, Judge, this case is distinguishable in the sense that the member wants
to cross-examine this witness and he only reserved the right he has to
cross-examine in order to cross-examine this member at a late:. stage. And at a
later stage when presumably these documents ',,ill be available and a proper
cross-examination will be conducted.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
All right.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Thank you.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Let me make the court's position c ear without raking a ruling whether you will
be allowed to later cross-examine. I wish to reiterate that the opportunity now
exists, and in the normal course of events this is the- where the version for
the defence will be placed to the state witness, and the pcssibility exists,
either way, that the witness maybe recalled for late' "..;ross-examination at a later stage, it's not
impossible, but the possibility also exists that the curt May refuse such an application to recall the witness. [I: you, Colone Phiri, understand that?
GOODMAN MANYANYA PHIRI: YeS, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY:.
Thanks. I have no ... nothing furtne7 to useful to add,- Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
No cross-examination, no re-e-amination. Any questions that you wish to
.pose to the Colonel? ... (unclear) ... Any questions
QUESTIONS BY THE COURT:
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Could I, just for my own purposes, return to the incident where Colonel Phiri appeared before you on office orders, where you testified that
firstly he had to give you feedback formally by the next morning at 08:00 about
his whereabouts on the previous instances, and then you went on to
testify about an OC's enquiry, if I heard you correctly, that had to be
conducted.
STATE-WITNESS COLONEL EDDIE DROST:
Yeah.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Could you just explain that to me?
15) STATE-WITNESS COLONEL EDDIE DROST:
Surely, Judge. What actually happened, and that is why I wanted to put it into
perspective from the 2nd as well. I received an incident from Colonel Johannes Hendrik Beyers Kleynhans where
he accused Colonel Phiri of being out of line and not adhering
to certain standards, et cetera. So what happened then is after reading through
that incident report I got the Colonel on office bearing the Friday to spe... to give to him the copy of that specific incident so that he
could read, and so that he could also state his case in that specific regard.
That document where he could react to the incident of Colonel Kleynhens had to be in on the Monday morning 08:00, with
me. After I received both documents, as I stated I did not receive it 08:00
that morning, but I received it later in the day, after I received both ... or
looked at both the documents and also Colonel Phiri's I looked at the documents and I said to myself as well, and I ... to
be fair I think this has to go the way of a commander's investigation, and that
is where the commander's investigation came from. I then decided that the whole
case would be investigated by a commander's investigation to determine vihat
route we have to go further forward, and then I got him on office tearing, or I
wanted to get him on office bearing the 6th to tell him that I was going to
convene tn:s commander's investigation. He was then not available and only on
the 7 could I finally formally inform him that I'm acing to comene a
commander's investigation with regards to this whoie issue.
16) MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
"This v,hole issue , meaning the noident between hire and Colonel Johannes Hendrik Beyers Kleynhans?
STATE-WITNESS COLONEL EDDIE DROST:
And ... that's right, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Was such an investigation conducted?
STATE-WITNESS COLONEL EDDIE DROST:
There yes an investigation conducted then. yes, Sir-
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: It now becomes clear, if I
understand you correctly that the OC's investigation ordered by yourself ...
STATE-WITNESS COLONEL EDDIE DROST: Yeah.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... is separate and of a totally different topic than the Army Inpector General by the name of Mr Enock Muiseng Mashoala investigation?
STATE-WITNESS COLONEL EDDIE DROST: That's so, Judge.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Correct. Questions arising? Madam Prosecutor?
PROSECUTION
COUNSEL Ms PAKENDORF:
None, Judge, as the court pleases.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Defence?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Questions arising from the questions by the court?
QUESTIONS ARISING FROM QUESTIONS BY THE COURT:
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Well, my only question there would be was it from that in... without cross-examining, just questions by the court that the commander's investigation was it based upon ... (unclear) ... the member was charged?
STATE-WITNESS COLONEL EDDIE DROST: That is so, yeah.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Thank you.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:. Colonel, thank you for your evidence. You're excused and you may stand down, you may withdraw.
STATE-WITNESS COLONEL EDDIE DROST: Thank you, Judge.
STATE-WITNESS COLONEL EDDIE DROST: Yeah.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... is separate and of a totally different topic than the Army Inpector General by the name of Mr Enock Muiseng Mashoala investigation?
STATE-WITNESS COLONEL EDDIE DROST: That's so, Judge.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Correct. Questions arising? Madam Prosecutor?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Defence?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Questions arising from the questions by the court?
QUESTIONS ARISING FROM QUESTIONS BY THE COURT:
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Well, my only question there would be was it from that in... without cross-examining, just questions by the court that the commander's investigation was it based upon ... (unclear) ... the member was charged?
STATE-WITNESS COLONEL EDDIE DROST: That is so, yeah.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Thank you.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE:. Colonel, thank you for your evidence. You're excused and you may stand down, you may withdraw.
STATE-WITNESS COLONEL EDDIE DROST: Thank you, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Madam Prosecutor?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Good morning, Colonel.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Good morning, Sir.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you, you maybe seated behind the microphone.
WITNESS NUMBER 2 : 94725678PE : LIEUTENANT COLONEL ADLHOLANG RAYMOND LENTSOE (Hereinafter referred to as "LENTSOE'')
GIVES EVIDENCE UNDER OATH
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Madam Prosecutor?
EXAMINATION IN CHIEF:
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Is it now?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: I'm currently employed at the South African Army Infantry Formation HQ.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At South African Army College, at the junior command and staff branch.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At some ... during that ... the period in question I was the
course leader of the then basic course, and at some stage I was the acting
chief instructor in the absenCe of the chief instructor who was then Colonel Johannes Hendrik Beyers
Kleynhans. On completion of that I was then appointed as the senior DS.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Is that now Colonel Phiri?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yebo, I do.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yes
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Colonel Phiri was part of the course on which I was
appointed as the course leader which started somewhere in 2000 and vvas
completed, if I'm not mistaken. on 7 March 2001.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Junior Command and Staff Duties course, theory portion, or the
theory phase of it.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: That would be ... what date?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Earlier than that there was a- incident. ,of_ .racial disharmony
in the course which. in my opinion, splitted
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
An incident of?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Racial disharmony.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Okay, thank you.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Which in my opinion split the course in two, now the
"two" meaning whites and blacks, that during the absence of the then
chief instructor, Colonel Johannes Hendrik Beyers Kleynhans. On his return, I'm not quite sure
when but it was towards the last week of the then preceding week I
informed him of what transpired during his absence and what my actions were,
that I have consulted with the then acting commandant of the college, Colonel Eddie Drost then, and that there was an
investigation underway. [Colonel Kleynhans] then,
within his mandate, decided to address the course, I believe it will be that
morning of the [6th February 2001] after which he opened no stage for questions and so on, and he
left. Before I could leave the class because I was then the course leader, I
informed the military students of what will then happen in that week in terms
of confirmation of the weekly programme and so on, after which Colonel Phiri indicated to me that he would like to have an appointment with the chief
instructor [Colonel Kleynhans], then I left to make the
appointment for him, to prepare the file to formalise their appointment
in terms of being completing the necessary documentation for office
orders. In his request he indicated that he would appreciate it if the course
chairperson called Mufassa that was a name like a beagle, but ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
sorry, I didn't quite hear, the course chaplain?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The course chairperson.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Oh! Chairperson?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Course committee chairperson.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Who says it ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Mufassa. Mufassa is just like a beagle in the senior staff. He is
... we're not referring to him as "chairperson" but as
"r.lufassa."
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: By the name of Major Matli which I indicated to Colonel Johannes Hendrik Beyers Kleynhans that
the request of Colonel Phiri is to see you. nct
quite sure of the contents, but he would appreciate it if the course
chairperson. Mufassa, can be present which he consented to. Then I went back to
the lecture. room and informed Colonel Phiri that it's okay, you can then come and
see the chief instructor. Then ...
2) MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Sorry, could I just have the .... is course, students'
chairperson, Major ... Lieutenant ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Matti.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Please refer to the people by their ranks and names if you don't mind.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: I will do so, Your Honour.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: He was at that time Major Matli there.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Then myself, Colonel Phiri and Major Matli we left the classroom to the above ... or the first
floor where I went to my office to fetch the file in which I indicated that
number, rank, name being Lieutenant Colonel Goodman Manyanya Phiri, and appointment with the chief instructor Colonel Johannes Hendrik Beyers Kleynhans. I
didn't write anything where there's a reason ... a space for reason for their
appointment, and I handed that file in at the chief instructor, then he said
"no, okay, let the two gentlemen then come in", I went back, opened
the door and get them in. I saluted and I stood behind them, and he offered
them the chairs then they sat down. And Colonel Johannes Hendrik Beyers Kleynhans indicated to Colonel Phiri that he's of .,. or he's made to understand that Colonel Phiri has something that he wants to discuss with him being the chief
instructor and the floor was open, and Colonel Phiri indicated to Colonel Johannes Hendrik Beyers Kleynhans that
he does ... he didn't like the manner in which he addressed them as military
students of that particular course, and more so for not allowing them to put
any questions in terms of what he said to them, and so on. Then at some stage
Cc!onel Kleynhans said to Colonel Phiri he must not tell him how to do his
work, and from that point ... I don't have the right word, but the conversation
got out of hand. At some stage Color el Phiri stood up from his chair, withdrew his beret and leaned on the table and
said to Colonel Johannes Hendrik Beyers Kleynhans fucking telling you, you
are a racist and then ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
In the manner that you've just described?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Pardon, Sir?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
in the manner the-. you've now demonstrated to the court? Lent In the manner
.which ... (unclear) ... and Colonel Phiri now ... (unclear) ... on the table. I was a few steps to the rear ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Right. For record purposes it's indicated that the witness
demonstrated by standing up, removing .:..'or..-holding, a beret in his
left hand, leaning with the hand on a desk and .
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: That's right, Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
... using his right hand ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Colonel Johannes Hendrik Beyers Kleynhans was sitting on the other side.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
... extending the four digits of the right-hand, excluding the thumb forward in
a pointing gesture, leaning forward whilst expressing the words "...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: "I am fucking telling you that you are a racist."
MICHAEL ALBERTUS VENTER,
SENIOR MILITARY JUDGE:
Thank you. Is that a fair reflection of \vhat the witness demonstrated? Madam
Prosecutor?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE: Colonel Simelane, you satisfied with
that description of the demonstration?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: I don't understand the question.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The witness now demonstrated to the court what he observed, the court then
recorded the demonstration because the recording equipment cannot, of course,
record the demonstration, it can only record verbal explanations. Are you
satisfied that how the court recorded verbally what the witnesses demonstrated
is a fair reflection of what the witness demonstrated?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes, I don't see the record, but I've
seen him demonstrate, I can say I've seen him tes... but I don't see ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes, you've seen him demonstrate, you've heard me place on record what I also
saw the witness demonstrated?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes, what you're telling me you've
placed on record, not what I say you placed on record.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
No, ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: That
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
we'l, the record. is what is beinz recorded on cassette not what I'm writing,
this is my own persona! notes.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Okay. Judge.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Are you satisfied that what I have placed on tape here?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY:--
What is it that you placed on tape here? My instruction is that you
repeat that to say vihat you put on tape.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
I've out on tape what I coserved the witness demonstrated, that is to say that
he leant forward, he he his beret in his hand, - he pointed his right hand with
fingers extended. Is that a fair reflection of what the witness demonstrated?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: If it's what you're telling me that is
what you have recorded it's what I've seen as well.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you. Thank you very much. Just one moment 'before you continue. Yes?
Please continue.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The argument of you can't address me that way and so on ensued,
during which at some stage Colonel Johannes Hendrik Beyers Kleynhans said to Colonel Phiri "you are excused from my
office", and Colonel Phiri left the office. Major Matli was still
seated, I was still standing closer to the door and I opened the door. Then Colonel Johannes Hendrik Beyers Kleynhans
called Colonel Phiri back and asked him whether he doesn't
pay the necessary compliments by way of saluting him before he could leave, and Colonel Phiri did so and left. I withdrew myself from his office, now "his
office" referring to Colonel Johannes Hendrik Beyers Kleynhans and left him with the course
chairperson and went back to my office. I even left the fie on his desk because
I was not quite sure what is it that I'm going to write in the: file as what
transpired.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: That's basically that, and durino the day, at some stage Colonel Johannes Hendrik Beyers Kleynhans
called rre back and said to me what ... or requested me to record whatever I
have seen so that he can uthise that to int cate his dissatisfaction about what
transpired during his office orders where I brought Colonel Phiri to the commandant. So in my understand 7g he wrote a statement or a
letter indicating his dissatisfaction to Colonel Eddie Drost which obviously will lead to the second office bearing,
which was arranged for Colonel Phiri at Colonel Drost [a month
later].
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: What clb you mean, in my oPinic- what happened?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The witness' opinion is in fact irrelevant, the court will make its own
finding whether the conduct constitutes behaviour such as complained of.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The incident in March, if I'm not mistaken
It's supposed to have started somewhere on 5, 6 and 7 March, if my dates are correct?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Following the previous issue that I described of Colonel Johannes Hendrik Beyers Kleynhans he
submitted his dissatisfaction and his request for the case to be resolved
by the acting commandant, then Colonel Eddie Drost with Colonel Phiri attending [a month later]. I arranged once again the office
bearing for Colonel Phiri with Colonel Eddie Drost and followed it up with the secretary upon which I was told
that Colonel Eddie Drost was still briefing the ... or he was attending his
communication period with the senior commander and staff course at the time.
Then I went back to Colonel Phiri and indicated to him that once I have
established a timing or a specific time when can we ... now "we"
meaning myself and [Phiri], go and see Colonel Eddie Drost, obviously Colonel Johannes Hendrik Beyers Kleynhans
would, as the complainant could have been in, I will let him know. At ...
during that week we were preparing for the final stages of the course, being
the certificate ceremony, so in fact from the Monday until the Thursday we were busy with clearing out of the
military students, and preparing for the certificate ceremony.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Please do.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yebo, I'm correct to say from the ' to that Friday, is it the right dates?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: 5 March 2001 was a Monday ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The 6th was a Tuesday, the 7'h was
the day on which we had to do the certificate ceremony, and the e the military
students had their breakfast and departed, on the Friday we were rourr'ng off the
ad-hinistration, r I'm not mistaken. But then on the 5' we went to Colonel Eddie Drost between ... or during the
conversation Colonel Orost agreed with Colonel Phiri that- Colonel Phiri will 35 submit the document to
indicate where was he during the feedback of somebody, or a document of some
sort had to be handed in by Colonel Phiri to Colonel Eddie Drost. On Tuesday, or the 6th Colonel Eddie Drost phoned me again and asked
me whether Colonel Phiri did hand in the document he was
supposed to hand in, then I went back to Colonel Phiri and at some stage Sergeant ... (unclear) ... if I'm not mistaken, brought me an enveloped from Colonel Phiri to me for Colonel Eddie Drost ... addressed to Colonel Eddie Drost which I personally took to the office of Colonel Eddie Drost who was not present, and I
left it with the secretary, or the admin clerk, if I'm not mistaken she's Mrs
Cathy ... Cathy something at that stage.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: That was, as I indicated in the earlier version, the feedback by
the I... Army Inspector General on their findings regarding the racial disharmony. At that time, Maybe I failed to
indicate that at some stage Colonel Phiri approached me to request the permission
to go and mend his mess dress for the certificate ceremony, to which I
consented.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The certificate ceremony ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: On the 7th we had ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: ... a dress rehearsal for the 8th.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At Wildebeest Mess which is ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: ... the Mess thic was used by the course.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At the Army College.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The Inspector General was giving feedback t: the course regarding their findings, because they
conducted an investigation. :hey
was utilised to call whoever they wanted.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: We as the instructors, or the directing staff had no control over
what were they doing, how they were doing it, what criteria did they use to
call whoever, so I was only the
post-box of calling people they wanted, and ensuring that those who were
finished goes back to the lecture room or wherever the bigger body of the
students were.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Everybody was present.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: All the military students were present:
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Some of the instructors who were present and available at the
college then, were requested to attend and ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: I attended half a way because I had to arrange for tea for the
visitors, being General Steyr, and General Mashviala and ... (unclear) ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: No, Colonel Phiri was not there.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: As I indicated earlier on, I said at some stage requested me to
go and mend his mess dress, so unfor... I reminded hlm of the 15:00 appointment
for the feedback which unfortunately he couldn't make for some other reasons
which he Maybe later explained.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yes.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE:That's correct.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Sorry, can you just repeat your cuestion?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: On that day we, as I indicated we ... I was instructed to bring Colonel Phiri on the 6th which didn't work, or never materialised because of his absentia,
and earlier on it's when he was-still present it could have worked out, but he
went to mend his mess dress and the Colonel, "Colonel"
being .Colonel Eddie Drost was still busy with his
communication period at the senior command and staff. So I extended my time to
try and make sure that I arrange a new alternative timing with Colonel Eddie Drost which obviously ended up
with Colonel Eddie Drost saying to me "any time you can find Phiri, you can come to my office", that was the 7th. For ... the 7th was
meant for a dress rehearsal and we continued, if I'm not mistaken we started
around 11:45 ... (unclear) ... and so on, Colonel Phiri was still not available. Earlier on, or
the previous day I phoned his cell phone, I got his cell number from somebody,
I phoned his cell phone but couldn't establish his whereabouts because each
time it went over to voicemail and I left a message that, "please, please,
please, Manyanya, if you can happen to come this way, make sure that we meet
for the appointment vi ith Colonel Eddie Drost."
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: So, on the 7th we went to ... at around past 12:00 or to 13:00
then Phiri arrived ... Colonel Phiri arrived, he came to me and reported
that unfortunately he couldn't make it and so on, and I understood. Then I said
"please don't go anywhere, I'm just going to confirm with. Colonel Eddie Drost, fetch the documents and
then I will link up with you" and we ... (unclear) ... Then I went to Colonel Eddie Drost's office, I informed him Phiri is around he has reported and I would -like to handle off this case.
Then or to which he consented. I went back myself and Colonel Phiri went to Colonel Eddie Drost's office. Colonel Phiri waited outside, I went in and that in
the office orders fine and went back with the understanding that the Colonel will be settled and down. or seated
down, then I went in to bring in Colonel Phiri. Colonel Phiri came in and Colonel Eddie Drost asked him of the document
that he was supposed to have submitted, and about his whereabouts the previous
day, and where were he and so -on. Then ..Colonel Phiri indicated to Colonel Eddie Drost that he will not alion
himself to answer any questions up until the Colonel can allow him to meet or to call his lawyers in when he makes such
submission. And then the two now Colonel Phiri . and Colonel Eddie Drost didn't get to a consensus
of how to deal vilth this thing, and Colonel Eddie Drost at some stage said to Colonel Phiri he's excused from his office. PROSECUTION COUNSEL
Ms PAKENDORF: Okay. I just want to stop you there,
when Colonel Phiri came into the office, who was in the office?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At that time it was only Colonel Eddie Drost, the second session was to be myself and the third person
was to be Colonel Phiri, because I went to hand in the file and went to call, as is the
procedure, to call in Phiri.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The normal procedure is whoever is bringing the aggrieved person,
or The Accused, or whatever we can
call it, the other person on orders I will, in my case I will .. I have to
arrange with the person who's going to conduct the orders, being now the senior
person, in this case Colonel Eddie Drost, arrange a timing with him, get the facts what is it that he
wants me to bring with, additional evidence, being it a progress report or
whatever, depending on the merits of the case why is this person there, then
once that date and time comes I will make sure that I'm ready with the
documentation, vhatever is necessary at the senior person in charge, confirm
with him, leave the documents with him then call in the person I've brought in
on orders. We salute and he will say okay, either take a chair or right, stand
at ease. I will close the door behind me and there to facili... to listen to
what is being decided and thereafter once ... whatever the decision has been
recorded. I will then take the file to ensure that that decision is executed or
implemented or whatever the decision. And once the guy brought on order has
saluted, went ba... out then I will take the file and follow him, that's how
it's being conducted.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Very closely to what I have just described.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The only difference was Colone. Drost was standing as you are
standing and as we entered Colonel Eddie Drost stanted . asking about the documents.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: And Colonel Phiri decided not to comply unless his to answer
any questions except if you talk to my lawyer."
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yeah, it was verbal tug of war.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Then at some ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At some stage Colonel Eddie Drost tried to move around his table ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Could I ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: ... towards Phiri wherein I jumped between the two of them, and he excused then Colonel Phiri
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Could I ask you to return to your seat that we just have a clear recording of
your evidence? Please describe what you did, at some stage?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At some stages Colonel Eddie Drost was moving from behind his desk ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Yes?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: ... and that is the desk, here's Pniri and I'm here, behind Phiri. So Colonel Eddie Drost is trying to go or what intending ... I'm not quite sure
what was in his mind but he was moving from behind the desk towards the two of
us. In my opinion, or in my observation as he was trembling and the two
of them voices were rising, I thought no, somebody is going to hit
somebody and I jumped in-between them to stop Colonel Eddie Drost from whatever intention he
had, nr.tn silence. ColonelPhiri from whatever argument he had in mind.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: In my thinking it might be that Co:onel Phiri didn't honour their agreement of the
document the previous time. In opinion it can be that co...
he was of the opinion Maybe that Colonel Phiri is wasting his time because of failing to honour the appointment for the
office orders to he handled off. I 30 can't really.pippoint
what.exactly was in his mind.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: So can I not say why didn't Cfonel Phiri answer the question of the documents
simply by saying Maybe "I care it to
Raymond" or "it was handed in" or something else.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: I can't really determine, or accurately say why was he rea...
saying he wants the lawyers and why was Drost saying ... or agitated, I can't
really
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: In my understanding, and if my memory can help me, that was
the document explaining the whereabouts of Colonel Phiri during the day of the feedback, if I
... I never opened the envelope.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: I took it as sealed as it ... as I received it directly to Colonel Eddie Drost.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: But now, in my understanding the document in ... that I'm
currently referring to, is the document explaining his whereabouts for the 6th
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: As I've explained Colonel Eddie Drost ... or the two of them were arguing, their voices were
rising, Colonel Eddie Drost was trembling and he was moving from behind his desk towards
us, I'm not quite. sure whether I say towards Phiri or myself, and now, being the facilitator
o: the supposed to have been office orders I stepped in-between to say to
Colone Drost "let's handle this off" or to say to Phiri "no, Manyanya, relax, let's finish
fhis thing' because now I'm handling en unresolved case of Kleynhans and now
it's another unresolved case of Colonel Eddie Drost.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: And .
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: No,.my course administration will heverbe finished.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Because of this outstanding issue
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE:,
The only role of my being ihvolved in the . two's argument, or the three's
argument is simply because I was appointed the course leader.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Oh, he demanded to be saluted back.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Okay.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Or requested, "can't you salute me back?"-
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: What was the?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The tone of the voice?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: It was that of
an angry man. Both were ... I ... I'm not quite sure how to describe ...
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: ... that situation.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yeah,
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: It was high.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yebo.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: As far as I can remember he kept on saying "you are
excused."
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: And I stood there, not knowing, exactly the same situation as in
the case ... in the Kleynhans case not knov.,:lna whether to take the bite or
to follow Phiri, or to request Drost to write
someth or what.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: I will be lying if I can say yes, or no'.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: I'm not quite clearly-sure what transpired.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: That's correct.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
He didn't call himself a course leader, he was appointed as the course leader.
Is that correct?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: That's correct.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Thank you.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: The college routine started normally at 07:30 with either a
prayer by, if .. the course has a Chaplain inside and the Chaplain or one
member will conduct the roll call and so on until around 07:45, or 07:45 when
the officer on duty amongst the military students will finalise all the
outstanding arrangements regarding sick reports and so on, and then will
communicate that to the course leader. I will then take that, consolidate it
into a strength return for the HQ purposes' administration. During the day, or
all requests to be absent somewhere elsewhere during the day will be
communicated via this .. (unclear) ... point, the officer on duty, one of the military students, that will
be communicated (1) to the course leader or directly to the exercise leader,
the instructor currently directly involved with at qnerifirs exercising the
students and the course ... the exercise leader will confirm with the course
leader who will then inform the chief instructor of the whereabouts of all the
OU1's.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: It's under
normal circumstance it's anybody between the exercise leader and
the the course leader, in this case,
myself.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: the exercise
leader (1) because he knows the
complexity of his exe7cise. The course leader because he accounts for the
Military Student at the chief instructor.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Okay, who thenaccounts to the commandant. In this specific
instance there were ... or there was a student on duty but I had the overall
control of the programme because that was the last week of the course, so any
requests were either from the students on duty communicated directly to me
because I was facilitating that exercise called "clearing out", as
the course leader.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: To ensure that all that needs to be covered in the course report,
or in the course closing admin is covered, all the books are returned,
for example all other equipment that we borrowed, I return, for example,
and that all military students are at a specific time for an appointment, or
for whatever reason towards the certificate ceremony, or whatever activity has
been decided on as was on the 7th the dress rehearsal that afternoon. So all
those yes, you can go home, yes, you can do that, were my decisions with the
authority vested in me by the chief instructor with the appointment.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Correct.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: When I went to the lecture room in the morninc. during... or just
before, or just after the roll call Colonel Phiri was around.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE: He was?
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: He was present. He indicated to
me that he needs to make final touch-ups on his mess-dress, to which I said
"no, no c-oblem" because my understanding was we either do that, or
most of the office-s under instruction were mending their mess-dresses at Group
15 or in town, cr at the tailors of their choice so we agreed that he can do
that. Than once, [established the time with Colonel Eddie Drost which he was not specific of. :he said "any time you
can find Phiri'', which left me with a very wide
variety of choices, any time you can see Phiri then you can come in. At that time, I think it was around 10:00 was looking
for Phiri very silently, on my own, not really too loud, I couldn't raise him so I
extended my time because I was given that leeway.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: At the ... at ... where they normally had their tea.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Wildebeest Mess.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yes.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: That's correct.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Then the day grew older and we went closer to the rehearsal
times, if I'm not mistaken that was supposed to have been 11:45 into
12:00 and so on. Then Colonel Phiri arrived, if I'm not mistaken that was
towards to 12:00 or past 12:00 and then he told me that he's around and I said
"okay, sharp, Manyanya, we can then continue with to handle that
outstanding issue off with Colonel Eddie Drost." I went to Colonel Eddie Drost, confirmed that I have ... Phiri is around, he's here then what time can
I come, he said "any time from ..." Fortunately Colonel Phiri was just in-between the bloc.< of offices and the Wildebeest Mess,
not very far from where we were doing tne dress rehearsal so he accompanied me
to my office, took the file and then we '.vent to Colonel Eddie Drost.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Yeah, I'm sure.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Certainly.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE: Cross-examination.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Cross-examination? Well, for reasons stated earlier, j.:dge, we reserve
our I have no questions to the witness.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE: Thank you, Colonel, you're excused, you may stand back, you may withdraw. Sorry, just before you go, pardon me. The assessors do not
have any questions either. Thank you, Colonel, you are excused,
you may withdraw.
STATE-WITNESS RAYMOND ATLHOLONG
LENTSOE: Thank you.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
As was pointed out by the prosecution yesterday the third state witness will
only be available between 8 and 26 March 2004, I consequently
propose that we postpone this matter, I suppose that's what the prosecution
would now be doing?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
So apart from accommodating the person so that he can have an unencumbered
holiday there's no other pressing need why it must be on the 8th?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
All right. After so many months I think 1?: more days ..(unclear) ... that's not going to make the world of difference.
3) MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Neither am I, I'm already scheduled to appear in Lohatia and in Upington
in that week, so that week is not available. The week after that. the week of
the 22nd to the 26tn, is the prosecution available?
MICHAEL ALBERTUS VENTER,
SENIOR MILITARY JUDGE: Colonel Simelane, are you availz.-tie
that week of the 23'd ? Thank you, Madam Prosecutor, not the 22nd
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The 23rd to the- 26th? --
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: That week, Judge, I'm not availaz-.e in
... I'll-be- dealing with a certain matter at the High Court ... (unclear) ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
At the High Court?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
In what capacity?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: No, not this one.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
No, in what capacity then?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: ... (unclear)
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Are you ... is that a High Court matter set down in which you are
participating?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
And the week the 8th to the 12th?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: The clear week for me, Judge, to help
you because I will be going on leave up to the 12th. The week starting from Monday the 15th to Friday the 19th I'm available the whole of
that week.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
That whole week I'm already scheduled with cases in Upington and in ... at the
combat training centre. That has ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: The whole ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
... already been set with an attorney as well.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: ... (unclear) ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
The week of the 8th to the 12th I suppose the prosecution, you will be
available?
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Could I implore the defence to reconsider your leave period if only then for
... well, I do not know what the defence's case is consisting of but for one
witness ... one state witness at least then that should not take us much more
than a day at which time we can then, in orde7 to accommodate you in your
leave, then consider postponing the matter until a final date to have the
matter dealt with, but we've got only that v.iindow period between the 8th and
the 26th for the evidence of this witness and if you're not avalIable that week
of the 22nd. I'm not available the of the 15th, can we accommodate each other
and meet somewhere in the week of the 8th?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: It's difficult to see now ... why the
.._1dge is penalising the ;0 defence when everybody is available. doing a
matter at the Hi... at the Labour Court..that kind of period and I'm dealing
with matters relating thereto., specifically if leave taken, I'm not on holiday
in the usual sense although I have (unclear) within the department and the ... I have to deal with certain matters,
it's .a whole complex issue and I requested that leave to deal with those
issues and it would cause- me to be in Johannesburg or most of the time,
attending to the records of the High Court, consulting with counsel in that
Labour Court matter, instructing it, meeting with attorneys, there are a whole
lot of complex issues, but my indication when I requested this leave so short
of calling it by another name, I just took it from my vacation leave, but I
indicated in my form if my form is drawn for that leave which has already been
approved, is that I will be dealing with those Labour Court issues ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
All right, let me ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: ... and related issues.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
I fully appreciate that it causes some difficulty. MY question is,
however, the week of the 22nd you have a High Court application, or a High
Court matter that has been set down, it's not just preparation for, is that the
case, as I understood you?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes
ja, that is ... no ... yeah, that matter is set down but we ... why I was
requesting a week because if it overlaps then it creates other problems because
it's a ... you know, I don't know hoN it will go, so I then thought to be on
the safe side of things ... you know. its set down ... it's set down by the
23`d, it's set down it also involves the state, Department of Defence and the ... it might
...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
All right. I'm not adverse to ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: ... (unclear) ...
MICHAEL ALBERTUS VENTER,
SENIOR MILITARY JUDGE:
... to hearing the witness after hays.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Oh! That would suit me.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yes.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yeah, any other time will do.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
In Which event the week of the 22'd, or rather then the 23rd to the 26th will
be. a better arrangement simply by vii .._.e of the fact that I've also then_
asked, if at all, to accommodate my directorate in being available that week in
Pretoria for another matter, so that is depending on this:matter whether I'm
available for that week as well, so could we arrange then for the evening cf 23 March, would that suit you?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yeah, that's the evening ... so any day
of that week and its convenient to the court, it won't trouble me.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
Would 18:00 ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Yeah.
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
... suit everybody? Right, ...
MICHAEL ALBERTUS
VENTER, SENIOR MILITARY JUDGE:
... let me first hear from my assessors. Then the matter is set down, we will
hear the last state witness on 23 March, 18:00, Court "C".
You will make those arrangements for also the court to be available, Madam
Prosecutor?
SMITH:
Thank you. The matter will stand down. Colonel Phiri, thank you, you've heard the date to which the matter is postponed and
the time, please be present. Thank you, you may withdraw, you're excused. may
GOODMAN MANYANYA PHIRI:
Thank you, Judge.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
SC,MILITARY: Thank you, Judge.
(CASE IS POSTPONED UNTIL 23 March 2004)
THE PHIRI DEFENCE'S CASE IN VIDEO
VIDEO ONE
VIDEO VIDEO TWO
VIDEO FIVE
VIDEO SIX
VIDEO SEVEN
VIDEO EIGHT
VIDEO VIDEO NINE OF NINE
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WHERE MATTERS STAND AS OF END-2010 TODATE OVER A VICTIMIZATION CASE AIMED AT KILLING THE SPIRIT OF WHISTLE BLOWING IN JACOB ZUMA SOUTH AFRICA
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