YOUR EXCELLENCY ZUMA,

"Siziwe" a.k.a "Sighs", the self-professed
Nelson Mandela Cousin
who achieved generalcy and other ranking
through adultery/prostitution
with at least one Raymond Lentsoe in Year 2000.
Goodman Manyanya Phiri, according to Mr Jacob Zuma,
must for 11 years now therefore continue to suffer
for blowing the whistle against this relative to a Mandela
that Zuma calls "The Father of The Nation South Africa".
Her official name is
Winnie Ntombizodwa Zini-Bobelo

THE BANE OF A WHISTLEBLOWER; ANOTHER UNWITTING COURT DECISION; ANOTHER PLAYTHING IN THE HANDS OF THE POWERFUL BUT CORRUPT

Your Excellency, Zuma

What with the easily-accessible video material sent your office together with my letter a month ago, Your Excellency should by now be pretty clear the March-9-2001 charges laid against Goodman Manyanya Phiri were nothing but a stillborn plot for bludgeoning one into silence in view of Phiri's imminent whistle-blowing on black-on-black racism and sex-for-promotion conducted regularly in the SANDF by Mandela’s relatives, by members of his AbaThembu tribe and also by several other Eastern-Cape-born individuals abusing similarity of birthplace with that of Our Icon, His Excellency Nelson Rolihlahla Mandela.

Your Excellency Zuma, for the sake of the reader uninitiated into my affairs through this blog, I hereinunder humbly reflect my grievance letter to your office dated 08 October 2010, a letter that, at least by the tail-end thereof, also highlights just how hamstrung the approach of my legal team had to remain during and even prior to my 10-November-2010 encounter with my  Nemesis, Judge Southwood of the Gauteng North High Court.  This concerted and multi-faceted travesty of justice did crystallize on November 10 despite the fact of the aforesaid letter to the office of Your Excellency having been well and truly acknowledged together with a similar acknowledgement from the office of the Public Protector  all to the effect that my co-litigant at the High Court, Ms Lindiwe Nonceba Sisulu (otherwise known as current Minister of Defence and Veterans' Affairs in South Africa under Zuma) should in all probability be acting unlawfully by denying Phiri funds for paying his own lawyers for the High Court.

The letter to the office of Your Excellency the President of the Republic of South (together with copies of that same letter sent to the other dignitaries "for information") was accordingly received  by various personages or their representatives.

For that matter, I also sent officially a copy each to my two cousins: His Majesty King Mswati III of Swaziland (Receptionist Ms Priscah Nkomo received) and the Roman Catholic Church's prelate, Father Smangaliso Mkhatshwa . These two, who are my blood, will have to know how agents of British imperialism in nieu-colonial South Africa killed me if I should die in the fight to end state-sponsored black-on-black racism particularly in the South African National Defence Force.

Allow me in the same breath, Your Excellency Zuma, to thank your office for acknowledging receipt of my grievance to your office about your Defence Minister Lindiwe Sisulu's unlawful and vindictive refusal to pay my lawyers' fees which currently run between R200,000 and R500,000. Lindiwe Sisulu wants to win her proxy criminal trial against Phiri by means of denying me full-blooded counsels. She has a revenge war to wage in mind because of Phiri's exposé  into her own Thembu/British racism against other South Africans in general, and uniformed South Africans in particular.

JUDGE SOUTHWOOD CAN'T SEE THE WOOD FOR THE TREE

Your Excellency, Zuma

The result of Sisulu's ill-gotten legal spoils at the expense of Phiri comes as of now in the form of the curious pen---to say nothing of the tongue that presaged the pen--- of High Court Judge B.R. Southwood sitting
10 November 2010 in Pretoria (Gauteng North Division of the High Court).

Seeing that I intend to return to the High Court at the earliest financial convenience to challenge Sisulu on her strings of anti-Phiri-victimization-ploys, I should like to be circumspect in criticizing either the judgment of Southwood or the person. But when judges and their courts CONSCIOUSLY act as a clear-cut instrumentation of South Africa's black-on-black racist oppression of individual citizens by the state as is in my case, no respect whatsoever is due to them, particularly when their imperious deportment starts misinforming them away from their status of public peasanthood to a status of demi-deity where their word is law even where that word disregards the very law supposed to be upheld by judges.  Indeed, as of now, except Cloud-Cuckoo-Land residents, no one should be in doubt that I have for the past decade been hunted down for no other reason except my incurable habit of speaking out about excesses of Lindiwe Sisulu's natal tribes of Thembu and ethnic-British South Africans, to say nothing of her abuse of state power through her military courts to implement that political abuse.

Indeed, I have a digitally cross-referenced Southwood's judgment as faxed yesterday by Joe Msiza, my Instructing Attorney financially-asphyxiated by Sisulu.  But, to confess, as I pen this line, Southwood and his full bench is yet to find me with stomach enough to read it!

This Judge Southwood has three days ago had the brief in court to hear opposing counsels clarifying reasons why he should grant in favour of Phiri or Sisulu insofar as whether an inquiry conducted by Eastern-Cape-born Army Inspector Mr Enock Muiseng Mashoala 6 February till 6 March 2001 has been given to Phiri or not as per orders of High Court Judge Claassen....[(to the reader of this post, Blogger's elucidation on the Mashoala character, please check the yellow highlight to be found here)]....

In his stentorian comments, Southwood, a British neosettler in neocolonialist South Africa, reversed all forms of logic in order to favour his ethnic-British half-sister Sisulu! For examples.

Southwood Too Stunned by Criminal Charges Against Phiri.  When Southwood was not briefed to comment about the dozen or so criminal charges Phiri is facing in the military (SANDF), the otherwise honourable judge found it proper to verbally go to town along those lines and even to suggest that Phiri is trying with his High Court applications to avoid having his day in court in the military.

Is this particular comment by the otherwise honourable judge not the mere regretful yawning of that precipice called "presumption of guilt" by a full bench towards a pitch-black soldier who, supposedly having known better, did nonetheless defy Colonial-British-style mental slavery, by his admitted act of daring to walk into the office of the lily-white Bench's fellow white Colonel Kleynhans even if to respectfully ask for order where the former had been referred to in front of 50 junior majors as effectively "a worthless and dull black lieutenant colonel from the former liberation movements APLA and MK"?

Your Excellency Zuma and my Commander in Chief, I am blogging here to say I fully believe that was the unconscious demon that drove Judge Southwood to make those presumptuous verbal suggestions!  And I am still going back to the High Court or any other court to challenge him and his lily-white bench 16 years after our freedom in a black country!  Why, 200 years after the first British boys came invading our shores attacking Cetshwayo's Zulu Kingdom; alongside Mandela-Ancestor-Puppet-King-Ngubencuka capturing African children in the Mfecane for slaves; and even like a wild animal shooting and decapitating King Hintsa of the brave Xhosa People, WE STILL HAVE THE SAME MALE AND PALE SONS OF BRITISH SETTLERS DETERMINING THE DESTINY OF JUSTICE IN SOUTH AFRICA TODAY?  Where are the women judges who were not only going to be the majority of Southwood's bench (demographically speaking), but they would have more sympathy for Phiri's case since his victimization by Sisulu stems from  ANOTHER WOMAN BOBELO-ZINI WHO HAD SEX FOR HER PROMOTION BACK IN 2001?

Black man in a white man's court     Having seen and recounted the seriousness of the criminal charges Phiri faces as it so pleased Southwood, the otherwise honourable judge did not see that very seriousness as a reason to be thorough and circumspect in his analysis and his findings in order to save an underdog and a racism whistleblower that deserved his judicial sympathy. On the contrary, Southwood sadistically danced on the seriousness of the charges and commented to the effect that Phiri must go back to the army to face his music and not waste the time of the High Court.

That last bit was to me particularly stinging if not unconscionable coming from the mouth of a judge where he at 10H30 added to the suggestion that Phiri's "wastage of his time with a flimsy civil matter had robbed him of quality time to preside over a more serious criminal matter at 9 that morning".

For that verbal comment, I actually plan in due time to lodge a complaint with Judge President Ngoepe; for why on earth would a South African High Court put the Case of Phiri versus Minister of Defence on the roll if the case was that unimportant? Doesn’t Judge Southwood think it is also an anti-constitutional national crime that one senior officer too many of the National Defence Force who knows nothing about defending this country in any time of war today, is busy, like Brigadier General Bobelo-Zini, soaring higher and higher in the ranks for no reason other than that she is a relative of former President Nelson Mandela?  Why would Southwood think it is improper of Phiri to reject a lily-white bench in a 16-year-old Mandelocratic South Africa as an unfair decider on a matter over native me while it was supposed to have been proper for Mandela in the heydays of Apartheid to complain in the self-same court (Pretoria's Palace of Justice) "I am a black man in a white man's court"?  Must the Mandela-created freedom for South Africa's black man and woman be perpetuated whereby if neither relative, nor fellow-tribesman of his from Tembuland Transkei is capable of forming part of a Full Bench, then no Venda, Zulu, Sotho, Tshwana, Pedi, Swazi, Ndebele, Shangaan, Khoi or Afrikaner (South Africa's white native) is good enough for it?

It may well be that issues of ethnic-British tribalism or white racism is totally out of the equation in the way Judge Southwood treated the Phiri-Sisulu case (even though there is no question that South Africa’s justice department where he serves is in too many respects still a throwback of the white-racist apartheid era and the preceding British colonial state of affairs in South Africa), but still, Judge Southwood has made very serious blunders here which are bound to cost him very dearly now or in the future.

Judge Southwood’s root of all evil was this act of attitudinizing against Phiri, and from this was born the Frankenstein that translated into utter blindness to the web ensnared for his court where Sisulu brings very clean-looking arguments whose bases are nonetheless flawed in both law and public administration, to say nothing about the way things are conducted in the military where the judge personally is supposed to have been at some stage of his apartheid-era life.

First and foremost, in the army or any other public office for that matter, you cannot ask a subordinate of somebody complained against to look into the complaint. So how on earth is Mr Stephen Oupa Mokalake supposed to fairly handle Phiri’s grievances against Mr Enock Muiseng Mashoala when Mashoala is direct supervisor of Mokalake?  Any other judge who was not as emotional as Southwood and his bench would have immediately picked up and immediately dismissed those fine-looking arguments emanating from Mokalake, White or Mashoala because all three of them individuals represent one office.

It follows, therefore, that the arguments that were used in Southwood’s court to convince Southwood against Phiri are both flawed and unethical.

Furthermore, the Army stipulates very clearly that an office complained against cannot investigate itself.  So, for the mere fact that that grievance laid against Mashoala’s office in 2001 ages ago graduated to the office of the President (Mbeki who ignored till the day the ruling party ANC kicked him out of office) and is now handled by incumbent Jacob Gedleyihlekisa Zuma, should make it clear to any sensible person (to say nothing of a judge of the High Court) that the arguments “Mokalake did this to meet Phiri’s grievance against Mashoala” are in fact hollow arguments notwithstanding the detailed apparent reasoning  powers that might seem to emanate therefrom.

This is not to say that I agree with Sisulu’s strategy of responding with MATTERS OF PHIRI’S GRIEVANCE PROCEDURE to straightforward orders of Judge Claassen's relating to a criminal procedure against Phiri whereas each procedure has a life of its own despite similarity of content.  Rather, it is to say that even if you go that very invalid root of turning brother procedures into Siamese twins, those Siamese twins (of Sisulu and Southwood: S&S!) still do not have a leg to stand on in either law, in public administration or in military science!

Rob Peter to Worship Paul with the Spoils       In the plethora of acts of verbal attitudinizing by Judge Southwood, I can furthermore remember how he took points lacking from counsel of Minister of Defence and thereby caused me as Phiri to carry the can. There is no worse case ever of robbing Peter to pay Paul!

The judge, for example verbally suggested that there is loads and loads of paperwork and enclosures given by Phiri to explain his side of the story without substance. Yet nothing can be further from the truth, even from the mouth of a judge! The fact of the matter is it is Lindiwe Sisulu who gave those loads of paper (enclosures 1&3) having, as correctly seen by preceding Judges Claassen and Sithole, as having little or absolutely nothing to do with the criminal case Phiri is facing in the military for which the Mashoala report etc, is sought; but having rather everything to do with Phiri's grievance procedure by the way at this very moment in the office of President Zuma.

Now, by hanging on every word that prosecution-hungry Sisulu says versus Phiri without one critical look, is Judge Southwood then suggesting that a man who is convicted...as he seems hellbent to have Phiri so peremptorily convicted by Sisulu's military court...has no right to lodge a grievance with the State President of his own poor self as a convict? Is this maybe why Southwood has swallowed hook, sink and stock Sisulu's stratagem of loading and confounding the Phiri High Court matter with two voluminous cooked books one of which Sisulu called “Enclosure 1” dated three whole months after Phiri was charged and totally unrelated to the unfairness of the preceding criminal procedure with which Southwood was supposed to be seized? What dark ages is this kind of "justice" creepy-crawling from?

The self-inflicted-Sisulu killer-punch concluding her own Enclosure 3 to Southwood's convenient utter blindness   Why is Judge Southwood deciding to collaborate with Sisulu’s falsehood and sinister intentions of trying to unlawfully prosecute Phiri without full disclosure when right under Southwood’s nose stands the inadvertent confession by Sisulu's legal team THAT THE MASHOALA REPORT PREDATING CHARGES AGAINST PHIRI DOES IN FACT EXIST AND HAS BY REASONING BEEN HIDDEN AWAY DESPITE JUDGE CLAASSEN’S ORDER THAT IT BE GIVEN TO PHIRI?

This master confession is of course there for anyone to see contained on the last four pages of “Enclosure 3” written by Mashoala’s office with the title "DECISION BRIEF TO THE ARMY COUNCIL ON THE ALLEGED RACIAL DISHARMONY AT THE SOUTH AFRICAN ARMY COLLEGE" (p. 42). On page 2 of the DECISION BRIEF (Enclosure p.43) stand the following stark sub-confessions:

SISULU SUB-CONFESSION ONE

“Mashoala addressed the Army College on 6 February 2001” (which occasion if sharp-witted Judge Southwood had any interest whatsoever at heart for Phiri would have easily noted from the military criminal charge sheet on which the otherwise honourable Judge popped and glued his eyes TOOK PLACE AFTER PHIRI HAD ALLEGEDLY CALLED MR KLEYNHANS A F*RACIST WHO DOES NOT KNOW HOW TO DO HIS JOB, meaning Phiri then became a subject of Mashoala’s investigation with his subordinates White and Mokalake.

SISULU SUB-CONFESSION TWO

“Letters received were scrutinised for any irregularities which need to be investigated” [WHERE ARE THOSE LETTERS TODAY, JUDGE SOUTHWOOD? AND WHY ARE THEY NOT, AS PER CLAASSEN’S ORDER, GIVEN TO SUBSEQUENTLY ACCUSED PHIRI TO SEE WHO IMPLICATED HIM BY THOSE LETTERS AND HOW?]

SISULU SUB-CONFESSION THREE

“Personal interviews were conducted with all students bar Phiri who was deliberately sidelined; interviews also with Course Leader Raymond Lentsoe and Chief Instructor Kleynhans both of whom have since become the first two main state witnesses against Phiri” [WHERE, JUDGE SOUTHWOOD, IS THE TRANSCRIPT OF THOSE INTERVIEWS MASHOALA’S OFFICE HAD WITH KLEYNHANS AND WHO ARE THE ONES NOW WAITING IN THE MILITARY COURT TO REPEAT THE LIES THAT “HOURS BEFORE MASHOALA CAME 6 FEBRUARY MR PHIRI HAD CALLED MR KLEYNHANS A F*RACIST WHO DOES NOT KNOW HOW TO DO HIS JOB”?]

SISULU SUB-CONFESSION FOUR

“A final report was ultimately drafted and distributed to those concerned” [THAT, DEAR JUDGE SOUTHWOOD, IS THE VERY MASHOALA REPORT THAT SISULU IS HIDING FROM PHIRI. SO WHERE IS THAT REPORT? WHO WERE THE CONCERNED PEOPLE WHO RECEIVED IT? PHIRI BEING ONE OF THE CONCERNED AS A MAN CHARGED IN THE WAKE OF THAT REPORT, WHY IS HE ALSO NOT RECEIVING IT 9 YEARS DOWN THE LINE EVEN DESPITE A CLAASSEN ORDER THAT PER PRECEPTS OF SOUTH AFRICA’S CONSTITUTION AND LAWS OF JUSTICE I MUST RECEIVE IT? WHY IS JUDGE SOUTHWOOD ESSENTIALLY SAYING NOW PERSISTENT LIES BY A GOVERNMENT OFFICIAL MUST BE ADJUDGED TO BE THE TRUTH IF NINE YEARS OF THAT OFFICIAL’S STUBBORNNESS FAILS TO SOFTEN HIS HEART ENOUGH TO RELINQUISH A REPORT THAT STANDS PER CONFESSION IN THE DRAWERS OF THE SANDF?]

SISULU SUB-CONFESSION FIVE

“After interviews with students it came out very clear that the raised racial tension issue [of 6 February 2001] was not the problem experienced on the course” [OF COURSE, JUDGE SOUTHWOOD, THERE WAS NO RACIAL TENSION RAISED BY PHIRI FOR CALLING KLEYNHANS A RACIST EARLIER THAT DAY... THIS IS A WHOLE FABRICATION OF CHARGES TO VICTIMIZE PHIRI WHO, WHEN MASHOALA WAS STANDING IN FRONT OF CLASS ON THAT 6 FEBRUARY MORNING, HAD MADE THE CLEAR INTENTION TO BLOW THE WHISTLE WHERE AT LEAST ONE IN KLEYNHANS STAFF, WAS HAVING DISRUPTIVE SEX WITH MANDELA’S COUSIN MAJOR WINNIE BOBELO ON THE MILITARY PREMISES IN ORDER TO PASS HER AND PROMOTE HER TO THE BRIGADIER GENERAL THE THEMBUWOMAN IS TODAY. AND, MY DEAR JUDGE SOUTHWOOD, THIS IS THE VERY REASON I NEED THE MASHOALA REPORT BEFORE I RETURN TO THE MILITARY COURT SO THAT I CAN SHOW THE MILITARY JUDGE WHAT GREAT FABRICATORS AND VICTIMISERS OF A WHISTLEBLOWER SISULU’S TEAM OF KLEYNHANS-LENTSOE-AND-DROST¹ ARE. BUT NOW, JUDGE SOUTHWOOD, YOU ORDER, WITH A LOT OF UNCHARACTERISTIC SLEEP IN YOUR NIGHTS, THAT PHIRI MUST RETURN TO MILITARY COURTS TO FACE HIS MUSIC WITHOUT THAT WEAPON WHICH WAS PROMISED ME BY THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA!]

SISULU SUB-CONFESSION SIX

“During interviews and documentation forwarded to the Investigation Team, it would appear that the course chairman Mr Kgotso Edmund Matli [also from the Eastern Cape of Mashoala, Bobelo and many other main players in this anti-Phiri saga] did not address the needs and queries of students, but sought his own interest” [FACT OF THE MATTER IS THAT HE USED HIS POSITION TO SEEK FURTHER PROMOTION BY HERO-WORSHIPPING MANDELA’S COUSIN AND COVERING UP FOR HER AND OTHERS WHO, LIKE HIM AND SISULU, CAME FROM THE EASTERN CAPE. BUT THE POINT HERE, JUDGE SOUTHWOOD IS, IF MATLI’S NAME CAME OUT NEGATIVELY FROM WITNESSES, SURELY HE WAS CALLED IN TO GIVE HIS SIDE OF THE STORY TO MASHOALA IN HIS OWN DEFENCE---AUDI-ALTERAM-PARTEM-RULE JUDGE, REMEMBER? NOW WHERE IS THAT REPORT CONTAINING THE AFOREMENTIONED INTERVIEWS AND DOCUMENTATION OF THE INVESTIGATION TEAM. WHERE IS THE MATLI SIDE OF THAT INTERVIEW AND DOCUMENTATION BY MASHOALA’S OFFICE. WHY, DEAR JUDGE, CAN’T I SEE MATLI CONTRIBUTION TO THAT MASHOALA REPORT ESPECIALLY BECAUSE MATLI WAS THERE WITH PHIRI ALL THE TIME WHEN HOURS BEFORE MASHOALA CAME ON 06 FEBRUARY PHIRI WAS SUPPOSED TO HAVE RAISED RACIAL TEMPERATURES AT THE COLLEGE BY CALLING WHITEMAN KLEYNHANS A F*WHITE RACIST WHO DOES NOT KNOW HOW TO DO HIS JOB?]

SISULU SUB-CONFESSION SEVEN

Among the larger group of students, there existed two small pressure groups/clicks whose objective it was to make life difficult for the rest on the course. Each one of the groups have their own agenda of living in the past [of apartheid] SINCE PHIRI WAS AFTER THE MASHOALA REPORT TO BE CHARGED FOR OSTENSIBLY BEING KINGPIN OF THE BLACK CLIQUE HATING WHITE PEOPLE, THE FACT THAT THERE WAS NO WHITE-CLIQUE MEMBER CHARGED SHOULD SAY A LOT ABOUT THE INTEGRITY OF THAT MASHOALA REPORT. I REALLY NEED TO HAVE BEFORE RETURNING TO THE MILITARY COURT.

SISULU SUB-CONFESSION EIGHT

“Option One of the Decision brief is that Chief of the Army...to address the students before 09 March 2001” WHAT THIS INADVERTENT CONFESSION MEANS THAT THIS DECISION BRIEF AND ALL THE REFERENCES MADE TO BY ITS CONTENTS ARE MATTERS PRIOR TO 9 MARCH 2001 AND BY THE SAME REASONING “FINAL REPORT WAS ULTIMATELY DRAFTED AND DISTRIBUTED TO THOSE CONCERNED” AS CONFESSED TO ABOVE BY SISULU, HAPPENED WELL BEFORE 09 MARCH 2009. AND ON THE SELF-SAME 09 MARCH 2001 PHIRI WAS FORMALLY CHARGED MAINLY WITH ALLEGEDLY CALLING KLEYNHANS A F*RACIST WHO DOES NOT KNOW HOW DO HIS JOB 31 DAYS BEFORE! AND FOR JUDGE SOUTHWOOD NOTHING EXIST, AND NOTHING SHOULD EXIST DOCUMENTARY TO BE GIVEN PHIRI THAT HAPPENED ON OR BEFORE 9 MARCH SAVE THE CHARGES THAT HE CALLED PEOPLE NAMES!

In the same vein of blaming Phiri for shortcomings in Sisulu's arguments, Southwood astoundingly declared "Phiri is shifting the goal-posts in his demands"! How on earth can that be reasonable when all I have been asking for is the Mashoala report (“A final report was ultimately drafted and distributed to those concerned”) that he submitted to Army Chief Gilbert Ramano around 6 March 2001 and very much preceding the criminal charges against Phiri on 9 March 2001?! Except in the army that the Thembu tribe and whites of British stock have methodically been destroying since 1994, Southwood as a white who underwent forced military conscription under apartheid (if he was not yet still in Britain during apartheid) knows very well that the army does not for either a Board of Inquiry Report, or a Commander's Investigation Report, or even a Preliminary Investigation Report DOES NOT PRODUCE A MERE DECISION BRIEF which Southwood says is sufficient to satisfy Phiri for the Mashoala Report,: there are standard TEMPLATES used as regulated by the Military Disciplinary Code and neither Mashoala being a general nor his underlings Mokalake and White that report in any other way except to follow the documentary drills which includes putting all interviewees UNDER OATH are part and parcel of that template (see Document 2). And the fact that one of those forms of investigations (Preliminary Investigation or Board of Inquiry or Commander’s Investigation) is the one that Mashoala conducted prior to the secretive recommendations to have Phiri charged is not only common cause, but is amply elucidated by SISULU HERSELF following paragraphs of her "loads and loads of documents" now falsely blamed on Phiri by Southwood.

Gilbert Lebeko Ramano

VOLUME 3, PAGE 376 Para 5 (ENCLOSURE 2’s page 109, "Findings and Recommendations" or the last page but 3 of this hyperlink, marked page 2, para 5)

The Colonel G. J. Anker- Lt Col David Bhasikidi Maswanganyi could not evaluate Witness Number four, Maj Matli... [Matli] was of the opinion that ....the course had already received feedback in regard to the Board of lnquiry-BOI of 06 Feb-06 Mar 2001 that was done by the IG-lnspector General's Office comprising Brigadier General Mashoala, Colonel Mokalake and Colonel White [my emphasis]

VOLUME 3, PAGE 332 Line 15&20 (ENCLOSURE 2’s page 81, Affidavit by anti-Phiri state-witness Johan Hendrik Kleynhans)

Colonel Kleynhans: “A Board of lnquiry[-BOI] that was done by the office of the lnspector General Mashoala was [being]conducted at that time [6 February to 6 March 2001]to investigate ... Phiri [IF JUDGE SOUTHWOOD HAS FORGOTTEN HOW BOARDS OF INQUIRY ARE DONE AND DOCUMENTED IN THE ARMY, HE CAN REFRESH HIMSELF RIGHT HERE ONLINE]

VOLUME 3, page 220, Para 7a ENCLOSURE 1,SA Army Inspector General [Misnomer]Report”

“Lt Col Phiri alleges that he was never afforded an opportunity/audience by Mashoala, White and Mokalake to put across his concerns [during the investigation that took place from 06 Feb to 06 March 2001 and three days before Phiri was charged as a sequel]. This happened because [Phiri] submitted his grievance letter after the compilation and completion of the PI-Preliminary Investigation [my emphasis] at the Army College. IG Army modus operandi wrt PI-Preliminary Investigation [my emphasis again] was explained to Col B. Kleynhans to convey over to OUI-Officer Under Instruction Phiri [my emphasis] and this never materialised hence Lt Col Phiri allegation against IG Army that he was never given the necessary hearing.” [IF JUDGE SOUTHWOOD HAS FORGOTTEN HOW PRELIMINARY INVESTIGATIONS ARE DONE AND DOCUMENTED IN THE ARMY, HE CAN REFRESH HIMSELF BY MEANS OF THIS LINK. ALSO, FROM THE PERSPECTIVE OF A JUDGE WHO PROFESSED A PENCHANT FOR CRIMINAL CASES RATHER THAN PHIRI’S CIVIL MATTER, SOUTHWOOD SHOULD HAVE PICKED IT UP IMMEDIATELY THERE THAT SISULU IS IN THAT STATEMENT BREAKING ONE OF THE CARDINAL RULES OF CRIMINAL PROCEDURES.. THE ONE OF CROSS-EXAMINING OR “CROSS-BLAMING” HER OWN WITNESSES: WHY MUST PHIRI TODAY PAY THE PRICE OF GOING TO A MILITARY COURT WITHOUT CLAPPING EVEN ONE EYE ON THE MASHOALA REPORT JUST BECAUSE SISULU’S OWN OBSEQUIOUS MASHOALA WAS UNPROFESSIONAL ENOUGH TO ASK A WHITE SUBJECT TO HIS OWN INVESTIGATION INTO A COLLEGE RACIAL CONFLICT TO LECTURE TO THE BLACKER SUBJECTS HOW TO HAVE ACCESS TO MASHOALA'S INVESTIGATION?]

A SISULU WITNESS' STATEMENT IN THE POSSESSION OF UNCONCERNED JUDGE SOUTHWOOD:...VOLUME 3, PAGE 223 (ENCLOSURE 1 Appendix A Redress of Wrong Letter from Paul David Mardon, a legal expert of the SANDF)

"The investigation that was done 06 Feb to 06 March 2001 by SA Army lG-Inspector General Team comprised of Mashoala, White and Mokalake was neither a Board of lnquiry-BOI nor a Preliminary lnvestigation-PI ...but a Commander's lnvestigation-COI [my emphasis]. MY DEAR JUDGE SOUTHWOOD, DID IT STILL NOT DAWN ON YOU THAT IT IS SISULU, RATHER PHIRI WHO IS SHIFTING GOALPOSTS EVEN THE WAY SHE DEFINED THE MASHOALA REPORT PHIRI IS LOOKING FOR? WHILE YOU STILL PONDER THIS QUESTION, CAN I ASK YOU TO  INDEED FOLLOW THAT ABOVE-MENTIONED LINK SO THAT YOU CAN WELL REMEMBER JUST HOW THE MILITARY CODE ORDERED COMMANDERS' INVESTIGATIONS TO BE DONE?

I know that the arguments for people sympathetic to Southwood will counter: but, Phiri, this you were supposed to adumbrate to your counsels, Joe Msiza, Adv A.T. Ncongwane and Adv. S. Joubert SC and not blame the Judge for their poor showing. Well, be that as it may, I still maintain a judge worth both his salt and his sobriety rather than popping eyes on alleged insults by a black man against a white senior, needs to be be lectured by neither of the opposing counsels on what a proper report should look like particularly if the report should result in a man facing several serious charges with each one of them good enough to throw him in jail as is in my case.

Besides, Joubert did try to fight the good fight, even going to the extent of comparing the state's charges against Phiri to the ulterior motives the state-sponsored charges on corruption preferred against President Zuma before office.  Joubert's juxtapose was irreverently poured cold water on clearly because Judge Southwood refuses to see anything outside of the serious charges the SANDF penned against Phiri!  Yet, I have news for Judge Southwood: with every breath I still have, I'm coming back to the High Court to have Sisulu's charges removed even before completion of the trial on the basis of South Africa law protecting whistleblowers on corruption!  I'm just waiting for the Sisulu that the judge unfairly favoured to pay my lawyers (Msiza, Ncongwane and Joubert) and I'll be back in the corridors of the High Court in no time!

PHIRI COMMENTS ON THE WRITTEN JUDGEMENT OF SOUTHWOOD

When the uninitiated reads the judgement, the judge successfully creates the impression that Phiri has for the past several years gone on a fishing expedition in order to delay his day of judgment at the military court. Nothing can be further from the truth; and in fact Judge Southwood will have been uncharacteristically naughty if he deliberately went out to create that impression. Of the four main reports I had requested from Claassen (Mashoala report, Eddie Drost ²Report and the British Military Training and Advisory Team Report) I with appreciation received in its entirety the Eddie Drost

Report. What is Judge Southwood's reason for saying nothing about the previously-hidden Drost Commander's Investigation,  if not to paint me as one who is satisfied with nothing except "shifting my goalposts"? What am I in the eyes of Judge Southwood except a litigant who is supposed therefore to be punished by paying costs of the court as Southwood has so ordered?

Eddie Drost, the former Apartheid-era operative
who started the false charges against Phiri March 2001
in order to cover up the fornication-for-promotion
on his College December 2000, conducted by subsequently
promoted Mandela Cousin
one Ntombizodwa Zini-Bobelo
Eddie Drost used in the process a fictitious verbal assault
Phiri is supposed to have launched a month earlier
against Drost-fellow white who claims Phiri was in the
process of the "insults by Phiri"
being investigated by Security Officer Mr Gilbert Ramano.
A subsequent meeting between the State Attorney and
Phiri's lawyers in 2004 mutually agreed that an affidavit from
Ramano "in the absence of that Phiri-required report"
would suffice to enable a since-11-year case initiated
by a clearly duplicitous Drost to continue against Phiri.
Zuma, the Commander in Chief to all of us,
through his lawyers somersaulted and refuses Phiri
both the "missing Ramano Report" AS WELL AS the agreed-upon
"Ramano Affidavit to the effect that the Report is missing".
Jacob Zuma, even to the extent of using former
Apartheid White racists, is hell-bent to destroy Phiri
in order to safeguard the falsely-attained legacy of
Nelson Mandela as (in Zuma's eyes)
"The Father of the Nation".
Zuma even refuses to release funds to pay for the Phiri
side of this 8-year-old litigation in the Supreme Court
in order to gain the documents vital for Phiri's self-defence

SOUTHWOOD ORDERS THE MOON FOR SISULU    In the same vein, I do not believe it is right of judges to issue orders without checking the reality; and so the order from Judge Southwood that Phiri pays costs of court, and I say this with all respect, is ridiculous when Judge Southwood knows very well from both affidavits of Appellant and Respondent that I am a fully-fledged state employee 100% entitled to have every cent of my legal battles paid for by the state. It cannot be said that such rights in the army are reserved only for certain ethnic groups like ethnic British South Africans to which grouping belongs one precedent beneficiary to that right, namely Rear Admiral Charles Hudson Dunstan Smart as mentioned in my previous blog.

Maybe I am too much of a layman, but another order which Judge Southwood ordered which will never happen whether I am alive or dead is the order: “It is declared that the proceedings in the military court against the respondent, Lieutenant Colonel Phiri, that were previously stayed by order of the High Court MUST continue and resume” NOW, WHAT HAT IS JUDGE SOUTHWOOD WEARING? IS HE NOW PHIRI’S PROSECUTOR AT THE MILITARY COURT? INDEED, THE QUEEN’S IS A MOST DIFFICULT LANGUAGE BECAUSE METHINKS "MUST" COULD LAWFULLY BE USED BY JUDGE CLAASSEN TO SAFEGUARD THE RIGHTS OF A CITIZEN WHO WAS GOING TO BE UNFAIRLY PROSECUTED, BUT “MUST” IS AN IMPROPER WORD A DOUBTFUL IF I AM TO RETURN TO THE MILITARY COURT...SOUNDS LIKE THE JUDGE IS ANGRY WITH ME AND BIASED BECAUSE I AM SUPPOSED TO HAVE INSULTED HIS FELLOW WHITE OR SOMETHING. WHAT IS JUDGE SOUTHWOOD GOING TO DO IF THE MILITARY PROSECUTOR WAKES UP NEXT WEEK TO ANNOUNCE THAT THE CHARGES AGAINST PHIRI ARE DROPPED AND THE MATTER DISCONTINUED BECAUSE OF AMPLE PROOF VIA THE HIGH COURT BATTLE THAT TWO OR MORE VITAL DOCUMENTS FOR THE TRIAL WERE INDEED BEING HIDDEN FROM ME WHEN I WAS SUPPOSED TO HAVE THEM BEFORE TRIAL BACK IN 2001?

I think “MAY” would have made a lot of contextual sense here because the order only refers to the original “PREROGATIVE” of the military prosecutor to prosecute or not to prosecute. Judge Southwood must also bear it in mind that the notorious Mbeki regime extant in 2001, a regime notorious for abusing state power by means of false charging its opponents the likes of Phiri and Zuma is no more there. And it is a mistake, if not an arrogance, for judges to take on a role more senior than theirs: taking political decision. Indeed, the President and my commander in chief, after going through the video where I answer to the weak and flimsy charges that popped Southwood’s eyes, may well consult with the Minister to have these kangaroo-court military charges declared null and void.

Even if the President does not as yet consult with the Minister over my case, the Minister dares not touch Phiri in her military court as I need at least 3 months to work out a way of coming back to the High Court and other senior courts with the aim of directly or indirectly nullifying the Southwood judgement, a judgment borne of a British colonial mentality through and through with on one hand an ethnic British high court judge treating an African litigant as disenfranchised for his court even before he opens his mouth and a minister of defence Sisulu with an ethnic British paternal grandfather disbursing court fees for her fellow ethnic British South Africans in uniform yet denying native African Phiri the same funds.  These alone a grounds enough to even throw a military-court "guilty" verdict out even if Sisulu would, maintaining her unlawful and anti-constitutional bravado if not buoyed by Southwood, only tomorrow resume military trial presided by such coached senior military court judges as Mr Michael Albertus Steyn.  That guilty verdict will, on review for procedural fairness, still face the wrath  of  fairer-minded High Court judges as well as both the Human Rights Commission and  the Public Protector (to name but a few) if Mandela and Mbeki had not, like they did with at least both the Justice and Defence Deparments also corrupted those "Chapter Nine" institutions with  the apex of South Africa's xenophobia: the bug of pro-Thembu and pro-British tribalism!

What am I saying here? I am saying that Judge Southwood delivered to Sisulu nothing but a Pyrrhic victory against Phiri! As I told my Chief of Staff at work, Colonel Niewoudt and I am about to update my ultimate supervisor, the newly-arrived Brigadier General N. Yengeni, I have still got a lot of ammunition for this war and the celebration by Lindiwe Sisulu accompanied by radio broadcasts of the Southwood judgement on Ukhozi FM and similar stations, are simply premature!

Please, Your Excellency Zuma, instruct your Minister to pay my lawyers just as the lawyers of Your Excellency and even the lawyers of convicted Jackie Selebi were paid for by the state.

I hope this is my last post not because I am going to be killed now for once again speaking my mind.  But because my President and commander-in-chief, Your Excellency Zuma will have come in due time to my rescue to facilitate payment to my lawyers of the High Court.

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1 Eddie Drost, for readers who are visually-impressed (and good luck to you if you are one of them), DOES pictorially feature in an online magazine with the photo of three captioned “Lt Gen Solly Shoke, Chief of the SA Army, addressing the audience at the seminar, while Col Eddie Drost (left) and Col Adri Kotze listen thoughtfully”. Unfortunately, you might have to scroll around an unpaginated magazine in order to find the requisite facial illustration; and that, after your first hurdle of copying and and pasting on your browser the following link http://www.dcc.mil.za/sasoldier/2007/may2007.pdf^↩

2 Colonel Eduard Frans Drost^↩