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| "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 |
PART TWO (2) OF TEN (10)
Dear Mr President Jacob Zuma, Your Excellency
Human rights cannot, as Lindiwe Sisulu's actions are suggesting with her continued unlawful acts against Phiri, mere paper human rights, but they are also rights for Goodman Manyanya Phiri. If the administration of Your Excellency Zuma (like the pro-Eastern-Cape tribalistic regimes of
Mandela and Mbeki) through Sisulu's roughshod actions, fail to treat me within my rights enshrined in the constitution regarding the kangaroo court she and her fellow Eastern-Cape tribalists (assisted by a few toadying white racists) initiated against me back in 2001 for doing what is right for my land (BLOWING THE WHISTLE ON CORRUPTION)....
...What hope do I have Mr President Zuma that your administration, of all the administrations post-apartheid, will finally repatriate and COMPENSATE my first wife and our children, still illegally banished (since 1994) by the self-same tribe of Lindiwe Sisulu with the particular hand of "Freedom Fighters" Monezi Gchilitshe and Benson Mandindi acting under the orders (implicit) of another Eastern-Caper, Clarennce Mlamli Makwetu?
ON THIS DAY, SOUTH AFRICA'S HUMAN RIGHTS DAY, WHEN THE WHOLE WORLD JOINS SOUTH AFRICANS IN CELEBRATING ONE OF THE MOST GLORIOUS CONSTITUTIONS ON EARTH, I HAVE CHOSEN MR PRESIDENT, TO HIGHLIGHT SOME OF THE PROCEEDINGS IN LINDIWE SISULU'S KANGAROO COURTS, A 10-YEAR-OLD PROCESS WHICH, FOR BANKRUPTCY OF IDEAS AS TO HOW TO FURTHER VICIMIZE PHIRI FOR BLOWING THE WHISTLE ON HER FELLOW THEMBU-TRIBESWOMAN-GENERAL WINNIE NTOMBIZODWA BOBELO-ZINI, SHE HAS RESUMED AS OF LAST THURSDAY THE 17TH MARCH 2011.
THE TWO BIGGEST FLOPS AND UNDOABILITIES ABOUT THIS "TRIAL" ARE.
1. SISULU'S SO-CALLED EVIDENCE AGAINST PHIRI WAS COLLECTED IN A MANNER THAT FLOUTS FAIR LEGAL PROCEDURES IN THAT SERIOUS ALLEGATIONS WERE PUT IN AN A FELLOW-EASTERN-CAPE-BORN MAJOR GENERAL ENOCK MASHOALA'S BOARD OF INQUIRY YET PHIRI WAS NOT CALLED TO CROSS EXAMINE OR OPPOSE THE "WITNESSES" AND THEIR EXPECTORATIONS FOR PRO-SISULU EVIDENCE. NOR HAS THAT MASHOALA REPORT TO DATE BEEN MADE TO PHIRI DESPITE SEVERAL HIGH-COURT APPEALS BY PHIRI....[(to the reader of this post, Blogger's elucidation on the Mashoala character, please check the yellow highlight to be found here)]....
2. SISULU IS UNLAWFULLY REFUSING TO PAY COURT FEES FOR PHIRI JUST AS THEY WERE PAID FOR YOUR EXCELLENCY ZUMA IN YOUR "CORRUPTION" TRIAL. WHERE IS THE EQUALITY ENSHRINED BY "GOODMAN RIGHTS DAY" CONSTITUTION IF ZUMA BY VIRTUE OF MEMBERSHIP TO THE RULING PARTY CAN HAVE STATE PAYMENT OF HIS EXPENSES BUT PHIRI JUST BECAUSE HE IS A SOLDIER AND WITH NO POLITICAL PARTY TO BACK HIM?
3. LINDIWE SISULU KNOWS VERY WELL THAT SOUTH AFRICA'S CONSTITUTION AND REQUISITE LAWS MAKE IT UNLAWFUL FOR HER TO PROSECUTE PHIRI SEEING THAT I WAS PROSECUTED (AND THERE IS AMPLE PROOF OF MY BLOG AND COURT PAPERS ALL AROUND) BECAUSE OF DARING TO EXPOSE NELSON MANDELA'S COUSIN, BRIGADIER GENERAL BOBELO-ZINI WHO, AS A MAJOR WHEN I BLEW THE WHISTLE, HAD NO RIGHT (EXCEPT THROUGH THE BEDROOOM WITH AT LEAST ONE COLONEL RAYMOND LENTSOE) AND STILL HAS NO LEGAL RIGHT (EXCEPT THROUGH SISULU'S THEMBU TRIBALISM AND EASTERN-CAPE REGIONALISM) TO REMAIN A BRIGADIER GENERAL OF THE SOUTH AFRICAN NATIONAL CONGRESS AND SHOULD BE PROSECUTED INSTEAD TOGETHER WITH HER BOYFRIEND LENTSOE... NOT PHIRI
APPLICATION BY DEFENCE
WITNESS NUMBER .1 98007693PE. LIEUTENANT COLONEL GOODMAN MANYANYA PHIRI (Hereinafter referred to as "ACCUSED") GIVES EVIDENCE UNDER OATH
JUDGE PIET RETIEF VENTER: Carry on, please, Counsel.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: As the court pleases.
EXAMINATION IN CHIEF:
1) BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Colonel Phiri, you're making an application to be furnished with certain documents in order 5 to enable you to prepare for your defence.
GOODMAN MANYANYA PHIRI: Yes, Defence Counsel.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Would you kindly inform this court as to the documents you want? I believe you've got a list, which you may like to hand in to the court and from your list, which you will have read each and every item, explain why you want it and its relevance to your case and the charges that will be put to you.
GOODMAN MANYANYA PHIRI: As it pleases the court, I will submit that list as well for the court's perusal while I'm doing the presentation for the court, and I will submit the particular list together with the other documents, which would be of relevance that I will submit as exhibits in my application. But I was asking if I could give an overview of the issue of documents. My understanding why I think it is not just right, it's the fundamental right that I should have these documents, together with my disappointment that it's a year down the line now and nobody seems to know-There's a ball that is being kicked hither and thither, nobody seems to want to take-responsibility of, as it looks to me, of accessing to me my fundamental right as The Accused to know exactly where the accusation stems from. And nonetheless the overview I've got is in this case and I'll be ready, under cross-examination and further on during the trial to substantiate what I'm going to say. There is a widespread intimidation of myself. And potential witnesses who should come to the fore to get me. out of this, what I want to call, a fabrication of Charges, so for that reason it elucidates the need for me to ha.ve the documents because the documents will speak louder than any witnesses, whether for defence or prosecution, because those documents were produced by the South African National Defence Force. That is one of the overviews I want to give forward. The second overview, which I think this court should not take on lightly, I've heard the preamble thereto, the judge saying that it would be very prudent to look before one leaps insofar as the issue of documents, to seek legal advice further on and I think that's quite important. Because the ramifications, or outcome, or implications of going ahead roughshod without enough evidence, especially anything to assist me as The Accused, they will be very serious for the court and for people institutionally involved with the court. What I'm saying in short is that I stand for the idea that it is better to make sure that we get these documents for however long as it is necessary, so that when we arrive at the time of pleading and to the trial, the playing field has been levelled I would not agree with the view that says it is serving my purposes to just get a speedy trial just for the sake of a speedy trial, it should have value, it should have substance and a speedy trial which...(unclear)...levelling of the grounds would for me, with ...(unclear)... the court, respect to be just a kangaroo court ,will have, like I said earlier, ramifications. The second point then I '75 conclude-it by saying that there is, as my defence counsel said earlier on, a grievance procedure that started over a year ago, which the ...(unclear)... I wrote a grievance. .!... ...(unclear)...it's clear that 35 those issues that were in that particular Board of Enquiry are being used to perpetuate this unfairness. Therefore the grievance has been going on, Judge, please note, it is still ongoing. I've had two letters written to the State President after following all the channels. I would like therefore to just submit these letters, not for use in this 5 court, but for spare time perusal, whatever, but I'd like to submit them. First, the letter written to the State President after all the due processes of the grievance procedure dated 8 July 2002. I will submit it as Exhibit "A”. I will also submit a second letter, also written to the State President as my commander in chief, dated 6 November 2002. That will be Exhibit "B". I want also to submit ...
GOODMAN MANYANYA PHIRI: Yes, Defence Counsel.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Would you kindly inform this court as to the documents you want? I believe you've got a list, which you may like to hand in to the court and from your list, which you will have read each and every item, explain why you want it and its relevance to your case and the charges that will be put to you.
GOODMAN MANYANYA PHIRI: As it pleases the court, I will submit that list as well for the court's perusal while I'm doing the presentation for the court, and I will submit the particular list together with the other documents, which would be of relevance that I will submit as exhibits in my application. But I was asking if I could give an overview of the issue of documents. My understanding why I think it is not just right, it's the fundamental right that I should have these documents, together with my disappointment that it's a year down the line now and nobody seems to know-There's a ball that is being kicked hither and thither, nobody seems to want to take-responsibility of, as it looks to me, of accessing to me my fundamental right as The Accused to know exactly where the accusation stems from. And nonetheless the overview I've got is in this case and I'll be ready, under cross-examination and further on during the trial to substantiate what I'm going to say. There is a widespread intimidation of myself. And potential witnesses who should come to the fore to get me. out of this, what I want to call, a fabrication of Charges, so for that reason it elucidates the need for me to ha.ve the documents because the documents will speak louder than any witnesses, whether for defence or prosecution, because those documents were produced by the South African National Defence Force. That is one of the overviews I want to give forward. The second overview, which I think this court should not take on lightly, I've heard the preamble thereto, the judge saying that it would be very prudent to look before one leaps insofar as the issue of documents, to seek legal advice further on and I think that's quite important. Because the ramifications, or outcome, or implications of going ahead roughshod without enough evidence, especially anything to assist me as The Accused, they will be very serious for the court and for people institutionally involved with the court. What I'm saying in short is that I stand for the idea that it is better to make sure that we get these documents for however long as it is necessary, so that when we arrive at the time of pleading and to the trial, the playing field has been levelled I would not agree with the view that says it is serving my purposes to just get a speedy trial just for the sake of a speedy trial, it should have value, it should have substance and a speedy trial which...(unclear)...levelling of the grounds would for me, with ...(unclear)... the court, respect to be just a kangaroo court ,will have, like I said earlier, ramifications. The second point then I '75 conclude-it by saying that there is, as my defence counsel said earlier on, a grievance procedure that started over a year ago, which the ...(unclear)... I wrote a grievance. .!... ...(unclear)...it's clear that 35 those issues that were in that particular Board of Enquiry are being used to perpetuate this unfairness. Therefore the grievance has been going on, Judge, please note, it is still ongoing. I've had two letters written to the State President after following all the channels. I would like therefore to just submit these letters, not for use in this 5 court, but for spare time perusal, whatever, but I'd like to submit them. First, the letter written to the State President after all the due processes of the grievance procedure dated 8 July 2002. I will submit it as Exhibit "A”. I will also submit a second letter, also written to the State President as my commander in chief, dated 6 November 2002. That will be Exhibit "B". I want also to submit ...
JUDGE PIET RETIEF VENTER: Have you marked them as such, Colonel, "A" and "B", or will you do so just now?
GOODMAN MANYANYA PHIRI: Well, it's nor marked, Judge.
JUDGE PIET RETIEF VENTER: You're calling them Exhibit "A and B"?
GOODMAN MANYANYA PHIRI: Exhibit "A"
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: ... There's Exhibit "B".
JUDGE PIET RETIEF VENTER: Okay, we'll ask Colonel Simelane to mark them for us.
GOODMAN MANYANYA PHIRI: Yes.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: Then I will have, because of Exhibit "B", there was an unfairness again, the compounding of the grievance that I have that the SANDF, through its own orders decided to take a second letter written to my commander in chief and gave it to. the. press, therefore wrote another grievance over that issue and then I've got here Exhibit "C", 'all '' the press clippings there were ordered by the SANDF to be published, which put my ... both this case procedure here very dimly ' at '' my expense. And in my view it also was an undermining of the court, or the power, or the authority of the court that other officers of this organisation should, while the 'Court is proceeding, go into detail, very graphical issues of what I'm supposed to have committed, without respecting the court. So I'm submitted, ... (unclear) submitting as "C" ... this is "C", the newspaper clippings, that is "C" and then I'm also submitting as "D" the response I got over a grievance I wrote to the Chief of the SANDF over the very publication of these issues. That also is "D" for the court, just for the court to have this, and then as "E" I'm submitting the list for ... that is the documents that I'll go into detail about.
JUDGE PIET RETIEF VENTER: Okay. Just keep them there for
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Just give them here.
JUDGE PIET RETIEF VENTER: Give them to Colonel Simelane.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay, we'll keep them right here.
JUDGE PIET RETIEF VENTER: Or can they be handed in at this stage, Defence Counsel?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yeah, we can .
JUDGE PIET RETIEF VENTER: You still need to refer to the documents?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: yeah .
JUDGE PIET RETIEF VENTER: I mean you are leading-your witness now.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. I still need to- mark them for the court, yes.
JUDGE PIET RETIEF VENTER: Sure. Thank you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, thank you.
GOODMAN MANYANYA PHIRI: Judge, thanks for the opportunity, now I'm going to go into detail of the documents I would like to have in my possession that would assist me to prepare for my own defence in these trials. They are 36 items of documents, and I'm going to start With the first one, an order given by the Azanian People’s Liberation Army office. Just to elucidate, Judge, I should think...(unclear)...this is still ... (unclear) ..... to the ...(unclear)... where former NSF members have got something of an organisation, or an office that looks at their particular interest with British Military Advisory and Training Team, especially on issues of college courses. So there was an order given by the Azanian People’s Liberation Army office at Defence Headquarters to one Lieutenant Colonel Gcanga, and this Gcanga was Lieutenant Colonel Goodman Manyanya Phiri's representative in a British Military Advisory and Training Team meeting in January 2001. I will "elucidate???"... now I want to give the reason, Judge, why it is important for me to have this particular document. That sitting with British Military Advisory and Training Team, which I attended, which was over myself, my supposed under-performance on the course is according to statements, affidavits given to me during the PI is being quoted by one of the main state witnesses. And according to me, what is being said there in the affidavit is a total opposite of what transpired. And the second point for British Military Advisory and Training Team that particular document is, during that process the chairperson of the particular sitting of British Military Advisory and Training Team, who happened to be the same commandant of the college, and also happened to be the same person who charged me, immediately after my grievance procedure went ahead and flagrantly intimidated this Lieutenant Colonel Gcanga. He actually ordered him to "shut up" when Gcanga wanted to speak on my behalf, but Gcanga had been ordered by Azanian People’s Liberation Army to ...
JUDGE PIET RETIEF VENTER: Sorry, can I ask you, did this happen at the same time as any of these charges against you
GOODMAN MANYANYA PHIRI: It happened there some two
JUDGE PIET RETIEF VENTER: ...let's say on the same day:
GOODMAN MANYANYA PHIRI: ... some two months before the whole, may I call it "riot" on the college took place.
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: But still ...
JUDGE PIET RETIEF VENTER: Basically what I want to know is, is it relevant to any of the charges?
GOODMAN MANYANYA PHIRI: Very relevant, Judge, because the state witnesses; in their affidavits from the Preliminary Investigation are using, they are saying that I, for example, which is a falsehood, had requested to move out of course, which is not true. And the fact 'that there was an intimidation of this particular Lieutenant Colonel Gcanga by the chairperson, in the name of Colonel [Eddie Drost], is also relevant, so that one can see out of this document whether the actions of Lieutenant Colonel. Gcanga by submitting himself to that intimidation whether it was according to the order of Azanian People’s Liberation Army or not, because it's important, Judge, to note that anybody who represents any other in any sitting, the rank issue is, according to my view, it should take second fiddle. But the Lieutenant Colonel was browbeaten by the Colonel who happened to be commandant of the college, and I was left to the wolves, SO to speak. That is why I would like to have that document, especially because it's being quoted by the state witnesses in this trial now.
JUDGE PIET RETIEF VENTER: I see defence counsel is looking at me and probably noticing that I'm frowning. The point that I want to make is, this court . we must not co into too much detail here.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay. I can say ..
JUDGE PIET RETIEF VENTER: Who ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: . the point ...
JUDGE PIET RETIEF VENTER: The application is merely to, say convince .this court ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER:. that a certain document is relevant to the ...(unclear)...is necessary for the proper conduct of the defence's case ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. Okay, the point ...
JUDGE PIET RETIEF VENTER: without going into too Much background and detail. 30
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: Okay.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY:. , ......I have no difficulty with that. Okay, you can continue, Colonel Phiri, with- the- next -document on your list.
GOODMAN MANYANYA PHIRI: The second document on list is, it reads thus, and I'm quoting "Document with Colonel Phiri's acceptance, or rejection of British Military Advisory and Training Team decision." The reason why I want this document is obvious from the previous document that there was a sitting involving myself as the accused, but then prior to that it was the issue of My supposed under-performance on the course. And that sitting of the British Military Advisory and Training Team obviously came out with a decision, and again, the crux of my request thereof of this particular document is the fact that it's being used by the state witnesses in this particular imminent trial to just show just how so-called useless and how bad an officer I am. That is why it is important for me to have it, because probably that is the only thing that will, in the face of the earlier-on certified intimidation that is going on over this case, that is the only thing that will save me from what I could call, "lies," emanating from the state witnesses. I would end on that point on document 2. With the permission, Judge, I'll go to document 3,. and I'm quoting here, "Copies of material submitted to the office of the army inspector general implicating Lieutenant Colonel Goodman Manyanya Phiri in any form of misdemeanour while still at the South African Army College." Judge, this could also be read, as I want the document of the Board of Enquiry. According to the ...(unclear)..., and I just don't have the Section here, "If any member of the Department of Defence is negatively implicated in any Board of Enquiry, the order is standing clear as mud in the Military Disciplinary Code-MDC that that particular process should be stopped immediately by the President," and apparently this was not done. This I must mention here because again a state witness in trial is using that particular so-called Board of Enquiry. .I have rib assurance whether it was or not, although I have, as a fact, that the Inspector General did come to the college. But nonetheless the state witness says in the affidavit in the preliminary investigation that the particular Board was implicating myself. That is why think it is fair for me to have these records so that this court does not compound an injustice already done. And an injustice already grieved upon through a grievance procedure that has reached no lower office than that of the State President. It must ...
JUDGE PIET RETIEF VENTER: Do you mean so that we can have the full picture?
GOODMAN MANYANYA PHIRI: I need ...
JUDGE PIET RETIEF VENTER: The whole background of ...
GOODMAN MANYANYA PHIRI: I need the full picture. I don't have the full picture.
JUDGE PIET RETIEF VENTER: No, the court needs the full picture. Okay, you ...
GOODMAN MANYANYA PHIRI: I need it more than the court I suppose because I'm The Accused and these Board of Enquiry issues are being used just to prove just hour so-called bad and they are used in the Preliminary Investigation and documents that will be used in this particular trial. If it's so, if it pleases the 20 court I'll go to the next document, which is document 4 I'm going to quote again, this one s, "Copy of document or documents emanating from the South African Army College to Chief of the South African Array, or to any of Chief of the South African Army's generals at army headquarters relating to a so-called incident at the South African Army College in which. incident Lieutenant Colonel Phiri was involved." Hence, "The Board of Enquiry investigating key-related issues at that time, 06 February 2001." Judge, the reason why I want this particular document again, or number of documents, still goes back to the statements, affidavits given to me through the preliminary investigation made by a state witness Or two, and I will not go into the detail of the name. 35 think the Judge wouldn't like me to go into many details, but I have got it here on record.
JUDGE PIET RETIEF VENTER: Could I, perhaps with the consent of your defence counsel, I want to ask you, does he know who is in possession of these documents at this stage?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: You don't know, or who do you think might be having those documents?
GOODMAN MANYANYA PHIRI: Judge, your guess is as good as mine, but it is obvious if the army Inspector General conducts any investigation, surely, we are all soldiers and we get orders. Surely, the Inspector General must have got his orders from his supervisor. General Gilbert Lebeko Ramano must know where these documents are, and I think if an order is issued to the Chief of the Army he must be able to provide them, otherwise what are we going: to say here, "anybody who wakes up like a loose cannon goes out and does investigations without orders."
JUDGE PIET RETIEF VENTER: Okay. Fine, thanks. Carry on please.
GOODMAN MANYANYA PHIRI: I want to go to document 5. This one, and I'm quoting here, "Copies of any written information exchanged between the Army Intelligence Formation and the South African College, or the general officer commanding Army Training Formation in respect of further Junior Command and Staff Duties." That is for your clarification, Judge, in the court, this here is the course that I was .. or we were doing at that particular time. "Therefore in respect of further Junior Command and Staff Duties academic process for Lieutenant Colonel Phiri who failed one module and now is ordered to redo the entire course despite achieving above the required aggregate pass." Judge, I must admit to the court that I am making a request for document 5 without.: any single mindedness because as things tend to happen, even 'though an order was issued in December for me to unfairly,.... something unheard of in the SANDF, redo a JCSD course I had passed, that order issued by the generals of the army, strange, had to be reversed by two Lieutenant Colonel, so I will only go and do the particular module. That was after a big struggle. But for the purposes of this trial I think I must still have the origin of these c:mmunications between the army college and the army headquarters, especially the training formation, because I think a good precedent must be set here that subordinates are not there for the liking or disliking of seniors. There are rules governing the SANDF and they must observed. Nobody should wake up and just decide, "because I don't like the look of this particular officer, he can redo a course." We must all observe the rules, and I think this court must allow me to have these documents as well so that we see what was the basis of ordering me to redo a course I had passed.
JUDGE PIET RETIEF VENTER: Can I stop you there again? Defence Counsel, could I ask your client whether any of the persons sitting at the back there are going to be called as witnesses in this court?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Are there any who may be called as a witness here, Colonel Phiri?
GOODMAN MANYANYA PHIRI: Can I look at them, Judge?
JUDGE PIET RETIEF VENTER: Yes, please.
GOODMAN MANYANYA PHIRI: Thank you.
JUDGE PIET RETIEF VENTER: Because if there is such a person, preferably he shouldn't be here.
GOODMAN MANYANYA PHIRI: .. (unclear)all
Judge, they are strangers. I will not call any of them.
JUDGE PIET RETIEF VENTER: Okay, Thank vou.
GOODMAN MANYANYA PHIRI: Thank you. Can I continue, Judge?
JUDGE PIET RETIEF VENTER: Yeah. Please.
GOODMAN MANYANYA PHIRI: Well, it's nor marked, Judge.
JUDGE PIET RETIEF VENTER: You're calling them Exhibit "A and B"?
GOODMAN MANYANYA PHIRI: Exhibit "A"
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: ... There's Exhibit "B".
JUDGE PIET RETIEF VENTER: Okay, we'll ask Colonel Simelane to mark them for us.
GOODMAN MANYANYA PHIRI: Yes.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: Then I will have, because of Exhibit "B", there was an unfairness again, the compounding of the grievance that I have that the SANDF, through its own orders decided to take a second letter written to my commander in chief and gave it to. the. press, therefore wrote another grievance over that issue and then I've got here Exhibit "C", 'all '' the press clippings there were ordered by the SANDF to be published, which put my ... both this case procedure here very dimly ' at '' my expense. And in my view it also was an undermining of the court, or the power, or the authority of the court that other officers of this organisation should, while the 'Court is proceeding, go into detail, very graphical issues of what I'm supposed to have committed, without respecting the court. So I'm submitted, ... (unclear) submitting as "C" ... this is "C", the newspaper clippings, that is "C" and then I'm also submitting as "D" the response I got over a grievance I wrote to the Chief of the SANDF over the very publication of these issues. That also is "D" for the court, just for the court to have this, and then as "E" I'm submitting the list for ... that is the documents that I'll go into detail about.
JUDGE PIET RETIEF VENTER: Okay. Just keep them there for
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Just give them here.
JUDGE PIET RETIEF VENTER: Give them to Colonel Simelane.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay, we'll keep them right here.
JUDGE PIET RETIEF VENTER: Or can they be handed in at this stage, Defence Counsel?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yeah, we can .
JUDGE PIET RETIEF VENTER: You still need to refer to the documents?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: yeah .
JUDGE PIET RETIEF VENTER: I mean you are leading-your witness now.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. I still need to- mark them for the court, yes.
JUDGE PIET RETIEF VENTER: Sure. Thank you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, thank you.
GOODMAN MANYANYA PHIRI: Judge, thanks for the opportunity, now I'm going to go into detail of the documents I would like to have in my possession that would assist me to prepare for my own defence in these trials. They are 36 items of documents, and I'm going to start With the first one, an order given by the Azanian People’s Liberation Army office. Just to elucidate, Judge, I should think...(unclear)...this is still ... (unclear) ..... to the ...(unclear)... where former NSF members have got something of an organisation, or an office that looks at their particular interest with British Military Advisory and Training Team, especially on issues of college courses. So there was an order given by the Azanian People’s Liberation Army office at Defence Headquarters to one Lieutenant Colonel Gcanga, and this Gcanga was Lieutenant Colonel Goodman Manyanya Phiri's representative in a British Military Advisory and Training Team meeting in January 2001. I will "elucidate???"... now I want to give the reason, Judge, why it is important for me to have this particular document. That sitting with British Military Advisory and Training Team, which I attended, which was over myself, my supposed under-performance on the course is according to statements, affidavits given to me during the PI is being quoted by one of the main state witnesses. And according to me, what is being said there in the affidavit is a total opposite of what transpired. And the second point for British Military Advisory and Training Team that particular document is, during that process the chairperson of the particular sitting of British Military Advisory and Training Team, who happened to be the same commandant of the college, and also happened to be the same person who charged me, immediately after my grievance procedure went ahead and flagrantly intimidated this Lieutenant Colonel Gcanga. He actually ordered him to "shut up" when Gcanga wanted to speak on my behalf, but Gcanga had been ordered by Azanian People’s Liberation Army to ...
JUDGE PIET RETIEF VENTER: Sorry, can I ask you, did this happen at the same time as any of these charges against you
GOODMAN MANYANYA PHIRI: It happened there some two
JUDGE PIET RETIEF VENTER: ...let's say on the same day:
GOODMAN MANYANYA PHIRI: ... some two months before the whole, may I call it "riot" on the college took place.
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: But still ...
JUDGE PIET RETIEF VENTER: Basically what I want to know is, is it relevant to any of the charges?
GOODMAN MANYANYA PHIRI: Very relevant, Judge, because the state witnesses; in their affidavits from the Preliminary Investigation are using, they are saying that I, for example, which is a falsehood, had requested to move out of course, which is not true. And the fact 'that there was an intimidation of this particular Lieutenant Colonel Gcanga by the chairperson, in the name of Colonel [Eddie Drost], is also relevant, so that one can see out of this document whether the actions of Lieutenant Colonel. Gcanga by submitting himself to that intimidation whether it was according to the order of Azanian People’s Liberation Army or not, because it's important, Judge, to note that anybody who represents any other in any sitting, the rank issue is, according to my view, it should take second fiddle. But the Lieutenant Colonel was browbeaten by the Colonel who happened to be commandant of the college, and I was left to the wolves, SO to speak. That is why I would like to have that document, especially because it's being quoted by the state witnesses in this trial now.
JUDGE PIET RETIEF VENTER: I see defence counsel is looking at me and probably noticing that I'm frowning. The point that I want to make is, this court . we must not co into too much detail here.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay. I can say ..
JUDGE PIET RETIEF VENTER: Who ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: . the point ...
JUDGE PIET RETIEF VENTER: The application is merely to, say convince .this court ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER:. that a certain document is relevant to the ...(unclear)...is necessary for the proper conduct of the defence's case ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. Okay, the point ...
JUDGE PIET RETIEF VENTER: without going into too Much background and detail. 30
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: Okay.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY:. , ......I have no difficulty with that. Okay, you can continue, Colonel Phiri, with- the- next -document on your list.
GOODMAN MANYANYA PHIRI: The second document on list is, it reads thus, and I'm quoting "Document with Colonel Phiri's acceptance, or rejection of British Military Advisory and Training Team decision." The reason why I want this document is obvious from the previous document that there was a sitting involving myself as the accused, but then prior to that it was the issue of My supposed under-performance on the course. And that sitting of the British Military Advisory and Training Team obviously came out with a decision, and again, the crux of my request thereof of this particular document is the fact that it's being used by the state witnesses in this particular imminent trial to just show just how so-called useless and how bad an officer I am. That is why it is important for me to have it, because probably that is the only thing that will, in the face of the earlier-on certified intimidation that is going on over this case, that is the only thing that will save me from what I could call, "lies," emanating from the state witnesses. I would end on that point on document 2. With the permission, Judge, I'll go to document 3,. and I'm quoting here, "Copies of material submitted to the office of the army inspector general implicating Lieutenant Colonel Goodman Manyanya Phiri in any form of misdemeanour while still at the South African Army College." Judge, this could also be read, as I want the document of the Board of Enquiry. According to the ...(unclear)..., and I just don't have the Section here, "If any member of the Department of Defence is negatively implicated in any Board of Enquiry, the order is standing clear as mud in the Military Disciplinary Code-MDC that that particular process should be stopped immediately by the President," and apparently this was not done. This I must mention here because again a state witness in trial is using that particular so-called Board of Enquiry. .I have rib assurance whether it was or not, although I have, as a fact, that the Inspector General did come to the college. But nonetheless the state witness says in the affidavit in the preliminary investigation that the particular Board was implicating myself. That is why think it is fair for me to have these records so that this court does not compound an injustice already done. And an injustice already grieved upon through a grievance procedure that has reached no lower office than that of the State President. It must ...
JUDGE PIET RETIEF VENTER: Do you mean so that we can have the full picture?
GOODMAN MANYANYA PHIRI: I need ...
JUDGE PIET RETIEF VENTER: The whole background of ...
GOODMAN MANYANYA PHIRI: I need the full picture. I don't have the full picture.
JUDGE PIET RETIEF VENTER: No, the court needs the full picture. Okay, you ...
GOODMAN MANYANYA PHIRI: I need it more than the court I suppose because I'm The Accused and these Board of Enquiry issues are being used just to prove just hour so-called bad and they are used in the Preliminary Investigation and documents that will be used in this particular trial. If it's so, if it pleases the 20 court I'll go to the next document, which is document 4 I'm going to quote again, this one s, "Copy of document or documents emanating from the South African Army College to Chief of the South African Array, or to any of Chief of the South African Army's generals at army headquarters relating to a so-called incident at the South African Army College in which. incident Lieutenant Colonel Phiri was involved." Hence, "The Board of Enquiry investigating key-related issues at that time, 06 February 2001." Judge, the reason why I want this particular document again, or number of documents, still goes back to the statements, affidavits given to me through the preliminary investigation made by a state witness Or two, and I will not go into the detail of the name. 35 think the Judge wouldn't like me to go into many details, but I have got it here on record.
JUDGE PIET RETIEF VENTER: Could I, perhaps with the consent of your defence counsel, I want to ask you, does he know who is in possession of these documents at this stage?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: You don't know, or who do you think might be having those documents?
GOODMAN MANYANYA PHIRI: Judge, your guess is as good as mine, but it is obvious if the army Inspector General conducts any investigation, surely, we are all soldiers and we get orders. Surely, the Inspector General must have got his orders from his supervisor. General Gilbert Lebeko Ramano must know where these documents are, and I think if an order is issued to the Chief of the Army he must be able to provide them, otherwise what are we going: to say here, "anybody who wakes up like a loose cannon goes out and does investigations without orders."
 |
| Mr Gilbert Lebeko Ramano (07 July 1939-) The Civil Servant who per sworn affidavit of one Mr J.H.B. Kleynhans (Chief State Witness Against Accused Phiri), ordered "the investigations that were taking place February-March 2001 against Phiri". The report, ordered by Gauteng North High Court Judge Claassen "That it be given to Phiri (c.March 2004) based on those investigations", is now the source of all the Zuma Nguni Tribal and Xenophobic suppression and persecution of Phiri. Zuma is denying Phiri that Ramano Report, despite the Judge Claassen order. Zuma is denying Phiri funds to fight that case in the Supreme Courts of RSA. Zuma has initiated at least two running cases against Phiri over the same matter Zuma says Phiri must pay from his own pocket to oppose Zuma cases Zuma says that shall happen despite the fact that Phiri's a civil servant. Zuma has suspended Phiri from work (March 2011) over same Ramano Report Zuma reneges on an earlier agreement between said Minister and Phiri that, in the event the Ramano Report is no more available "but a rubbish paper is available instead": such a paper be accompanied by a sworn affidavit from Ramano to confirm the "Rubbish Paper" given to Phiri as "The Ramano Report that necessitated the further investigations against Phiri (ordered by Drost 2001 March 7) and the subsequent 10 or so anti-Phiri Charges Charge 1 Charge 2 Charge 3 Charge 4 Charge 5 Charge 6 Charge 7 Charge 8 Charge 9 Charge 10 Charge 11 Charge 12 Charge 13 ...Charges that were finally meted out on behalf of Zuma by that one Drost 09 March 2011. An elaborate operation indeed by a Zuma in the abuse of state power, a Zuma who's trying by hook or crook to protect the name of his friend Nelson Mandela and his self-professed cousin the Zini-Bobelo "lady" who in fact, contrary to State-Witness-Kleynhans's lies for departmental disciplinary court consumption all at the expense of a Phiri who must be destroyed for whistle-blowing, was the reason why Ramano ordered an investigation of the corrupt college run by one Xhosa-speaker Edward Petane, and a college dominated by the aforementioned Mandela-cousin Zini-Bobelo who not only committed adultery in order to pass and become a general when she knew nothing worth promotion, but apparently went out to brand "white racists" all Afrikaners who were criticizing her unseemly and un-officer-like behaviour over and above engineering her boyfriend(s) and fellow-Xhosa-tribespeople like Petane, Mgwebi, Kula, Motau and Matanzima to join her corruption cover-up at the expense of persecuting Phiri for Zuma. This then, becomes in 2012, the meaning of Jacob Zuma for South Africa and for Phiri: The Cover-up Man for Mandelasque Xhosa Tribal Corruption in his own government! (Just like he, in exile, turned a blind eye to his own fellow Zulus being murdered by Xhosa-speaking tribalists under Xhosa-speaking Oliver Tambo) Zuma, &very finally for his forlorn life in the pocket of Mandela's tribalsim: Zuma deliberates ignores the fact that prior to the 9th March charges Zuma's governmental system received 6th March a grievance over this matter In South Africa's Mandelasque Xhosa tribalsim and corruption cover-ups Zuma pretends he knows not about South Africa's Law called "The Promotion of Justice Act" Zuma would rather review the Constitutional Court that oversees the implementations of all constitututional Acts of Parlimanet All So That Phiri and Other Citizens of the RSA Must Be Muzzled whenever they see his rampant Nguni corruption at state expense! |
JUDGE PIET RETIEF VENTER: Okay. Fine, thanks. Carry on please.
GOODMAN MANYANYA PHIRI: I want to go to document 5. This one, and I'm quoting here, "Copies of any written information exchanged between the Army Intelligence Formation and the South African College, or the general officer commanding Army Training Formation in respect of further Junior Command and Staff Duties." That is for your clarification, Judge, in the court, this here is the course that I was .. or we were doing at that particular time. "Therefore in respect of further Junior Command and Staff Duties academic process for Lieutenant Colonel Phiri who failed one module and now is ordered to redo the entire course despite achieving above the required aggregate pass." Judge, I must admit to the court that I am making a request for document 5 without.: any single mindedness because as things tend to happen, even 'though an order was issued in December for me to unfairly,.... something unheard of in the SANDF, redo a JCSD course I had passed, that order issued by the generals of the army, strange, had to be reversed by two Lieutenant Colonel, so I will only go and do the particular module. That was after a big struggle. But for the purposes of this trial I think I must still have the origin of these c:mmunications between the army college and the army headquarters, especially the training formation, because I think a good precedent must be set here that subordinates are not there for the liking or disliking of seniors. There are rules governing the SANDF and they must observed. Nobody should wake up and just decide, "because I don't like the look of this particular officer, he can redo a course." We must all observe the rules, and I think this court must allow me to have these documents as well so that we see what was the basis of ordering me to redo a course I had passed.
JUDGE PIET RETIEF VENTER: Can I stop you there again? Defence Counsel, could I ask your client whether any of the persons sitting at the back there are going to be called as witnesses in this court?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Are there any who may be called as a witness here, Colonel Phiri?
GOODMAN MANYANYA PHIRI: Can I look at them, Judge?
JUDGE PIET RETIEF VENTER: Yes, please.
GOODMAN MANYANYA PHIRI: Thank you.
JUDGE PIET RETIEF VENTER: Because if there is such a person, preferably he shouldn't be here.
GOODMAN MANYANYA PHIRI: .. (unclear)all
Judge, they are strangers. I will not call any of them.
JUDGE PIET RETIEF VENTER: Okay, Thank vou.
GOODMAN MANYANYA PHIRI: Thank you. Can I continue, Judge?
JUDGE PIET RETIEF VENTER: Yeah. Please.
GOODMAN MANYANYA PHIRI: Thank you. I was on document 5, now I'm going to document 6 and I am quoting here, "Copy of records 30 of appearance on office bearing for three times with the chief instructor.. .In this regard with regard to work being up to standard." Judge, once more these are ... this is a request for a document that .is being made mention of in the preliminary investigation, because I move that this is a falsehood. And the only way for me to prove the falsehood is for the document to be made available for me. I will move to the next document, which I'm quoting here, "Copies of the seven incident reports on Lieutenant Colonel Goodman Manyanya Phiri's file with regards to work not being up to standard." Judge, same as above, the reason. This is quoted directly from state witness statement under oath during the Preliminary Investigation? The next document, which will be 8, "Copy of the document on which J S C de Brunt proposed that Lieutenant Colonel Goodman Manyanya Phiri be withdrawn from the Junior Command and Staff Duties course because he was out of depth and incapable of following study methods", or words pertaining to that effect. This document was handed to both Lieutenant Colonel Goodman Manyanya Phiri and to British Military Advisory and Training Team, prior to the British Military Advisory and Training Team deliberations, which were chaired by the commandant of the college over alleged poor academic performance by Lieutenant Colonel Goodman Manyanya Phiri. Judge, it is important for me to have this document because during the Preliminary Investigation and the statements, again under oath, this document is alluded to whereby a state witness claims that he had come to my defence. He had told the British Military Advisory and Training Team, on the college when leave the college. to continue reading me out. And my own and told to "shut denigrating my name our English friends that I should stay I know better. He was asking for me to I had to stand alone and defend myself on the . (unclear) ... when he wanted representative from-Azanian People’s Liberation Army was browbeaten up.,, Now, the same person, Colonel Kleynhans, after in front of 80 other students who were junior to myself, in front of the class and saying, "Phiri wants to pass by virtue of my skin colour," he turns now and tells the Preliminary Investigation and the prosecution that he (Kleynhans) in fact had defended me to stay. Let us have the record and know actually what indeed he said. I'm going, with the permission, Judge, to the next document,..9 and I'm opening quote, I'm say, "For GOC Training Formation I need please an order or sworn statement explaining communication between General Officer Commanding Army Training Formation and Army Inspector General. The order compelling, or necessitating the former to, not only ignore action on the document titled "Redress of Wrong" against acting commandant of the South African Army College (in Pretoria), over the attitude of salute", dated 8 March 2001. But to also send the said document to the Inspector General." Judge, I need this document for the main reason that, as I said earlier on, no sooner had I written a few letters on redress of wrong than I was charged, the same charges that I'm facing today.
JUDGE PIET RETIEF VENTER: Sorry. Can I stop you there, through your defence counsel again?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge.
JUDGE PIET RETIEF VENTER: It seems the sum, or the most of these documents you're referring to, could possibly be at the Inspector General’s. Do you mean Inspector General of the army, or what?
GOODMAN MANYANYA PHIRI: Judge, indeed, most of these documents will be available at the army college. They will be available at the Azanian People’s Liberation Army office, if that division still exists. The rest will be available at the office of Chief of the Army. There could be some available with British Military Advisory and Training Team as well, so all these documents are not really difficult to lay hands on. And if they were difficult, in any case, I would have long been told that they are difficult, but the reason I've got here down the line now is that nobody seems to have the power to give them. It's not an issue of they're not available. It's an issue of somebody's not interested in giving them.
JUDGE PIET RETIEF VENTER: Okay. Defence Counsel, can he continue?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: He can continue. We are at the disposal of the -court. If the court for some reason would like to adjourn so be it ...
JUDGE PIET RETIEF VENTER: No.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: We can always continue when we resume... compelling, or necessitating the former to, not only ignore action on the document titled "Redress of Wrong" against acting commandant of the South African Army College (in Pretoria), over the attitude of salute" dated 8 March 2001. But to also send the said document to the Inspector General." Judge, I need this document for the main 'reason that, as I said earlier on, no sooner had I written a few letters on redress of wrong than I was charged, the same charges that I'm facing today.
JUDGE PIET RETIEF VENTER: Sorry. Can I stop you there, through your defence counsel again?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge.
JUDGE PIET RETIEF VENTER: It seems the sum, or the most of these documents you're referring to, could possibly be at the Inspector General. Do you mean Inspector General of the army, or what?
GOODMAN MANYANYA PHIRI: Judge, indeed, most of these documents will be available at the army college. They will be available at the Azanian People’s Liberation Army office, if that division still exists. The rest will be available at the office=, of Chief of the Army. There could be some available with BMATT as well, so all these documents are not really difficult to lay hands on. And if they were difficult, in any case, would have long been told that they are difficult, but the reason I've got here down the line now is that nobody seems to have the power.—to give them. It's not an issue of they're not available. It's an issue of somebody's not interested in giving them.
JUDGE PIET RETIEF VENTER: Okay. Defence Counsel, can he continue?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: He can continue. We are at the disposal of the court. If the court for some reason would like to adjourn so be it ...
JUDGE PIET RETIEF VENTER: Sorry. Can I stop you there, through your defence counsel again?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge.
JUDGE PIET RETIEF VENTER: It seems the sum, or the most of these documents you're referring to, could possibly be at the Inspector General’s. Do you mean Inspector General of the army, or what?
GOODMAN MANYANYA PHIRI: Judge, indeed, most of these documents will be available at the army college. They will be available at the Azanian People’s Liberation Army office, if that division still exists. The rest will be available at the office of Chief of the Army. There could be some available with British Military Advisory and Training Team as well, so all these documents are not really difficult to lay hands on. And if they were difficult, in any case, I would have long been told that they are difficult, but the reason I've got here down the line now is that nobody seems to have the power to give them. It's not an issue of they're not available. It's an issue of somebody's not interested in giving them.
JUDGE PIET RETIEF VENTER: Okay. Defence Counsel, can he continue?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: He can continue. We are at the disposal of the -court. If the court for some reason would like to adjourn so be it ...
JUDGE PIET RETIEF VENTER: No.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: We can always continue when we resume... compelling, or necessitating the former to, not only ignore action on the document titled "Redress of Wrong" against acting commandant of the South African Army College (in Pretoria), over the attitude of salute" dated 8 March 2001. But to also send the said document to the Inspector General." Judge, I need this document for the main 'reason that, as I said earlier on, no sooner had I written a few letters on redress of wrong than I was charged, the same charges that I'm facing today.
JUDGE PIET RETIEF VENTER: Sorry. Can I stop you there, through your defence counsel again?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge.
JUDGE PIET RETIEF VENTER: It seems the sum, or the most of these documents you're referring to, could possibly be at the Inspector General. Do you mean Inspector General of the army, or what?
GOODMAN MANYANYA PHIRI: Judge, indeed, most of these documents will be available at the army college. They will be available at the Azanian People’s Liberation Army office, if that division still exists. The rest will be available at the office=, of Chief of the Army. There could be some available with BMATT as well, so all these documents are not really difficult to lay hands on. And if they were difficult, in any case, would have long been told that they are difficult, but the reason I've got here down the line now is that nobody seems to have the power.—to give them. It's not an issue of they're not available. It's an issue of somebody's not interested in giving them.
JUDGE PIET RETIEF VENTER: Okay. Defence Counsel, can he continue?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: He can continue. We are at the disposal of the court. If the court for some reason would like to adjourn so be it ...
JUDGE PIET RETIEF VENTER: No
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: we can always continue when we resume...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: we can always continue when we resume...
JUDGE PIET RETIEF VENTER: I don't know why my assessors what the assessors, how they feel at this stage. No, we can carry on.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. We can indicate to the court ...
JUDGE PIET RETIEF VENTER: Unless .somebody needs a water break or something.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
GOODMAN MANYANYA PHIRI: I'll be the first one, Judge, with your permission, but not as yet.
JUDGE PIET RETIEF VENTER: Right. You're welcome.
GOODMAN MANYANYA PHIRI: Judge, if it pleases the court I will give the reason why this particular document I would like to have in my possession. This was amongst the first grievances written which, as I said earlier, provoked the 15 charges. This grievance was written to the General Officer Commanding, the Training Formation of the Army, retired General Steyn. It had to do with an issue where I was assaulted during office orders by the acting commander of the college. He assaulted me because = was on this office bearing, and then on his order that : should leave, at the end of the office bearing, I naturally saluted him, and then he ordered me, "leave the office" again, and then asked me why was I standing there. And I said, "Colonel, I was expecting a salute back", then he physically assaulted me. So I wrote a grievance over this issue to the GOC, Army Training Formation, General Steyn. Six months passed and I ...
JUDGE PIET RETIEF VENTER:. Okay, sorry, can I just stop you, through your defence counsel again, does this have Any bearing on any of the charges against you in the charge sheet?
GOODMAN MANYANYA PHIRI: It has the every bearing, Judge, because my a... the person who assaulted me, the acting commandant now the following day, after writing the grievance, he had written the statement. He said ... it's one of the charges ... he said, actually I saluted the wall. He changed everything round, so it's important for us to find out this particular communication between GOC, Army Training Formation and the acting commandant. I want to correct that. GOC, Army Training Formation or the unsworn statement explaining communications between GOC, Army Training Formation and Army Inspector General. I had to go I did go to Brigadier General Barend Deon Steyn, six months after my grievance was not responded to according to the Military Disciplinary Code-MDC, and I said, "General, I may have to charge you, you did not respond to the grievance procedure as in the Military Disciplinary Code-MDC", and General Steyn told me he was ordered by the Inspector General of the army, the very same general who did a Board of Enquiry to my ...Mr Enock Muiseng Mashoala... He was ordered by him not to respond because I'm a criminal. That is why it's important to know whether General Steyn was making this up, or indeed the Inspector General did so order him. What is to me puzzling, how can one brigadier general order another one to carry an order, which is blatantly illegal? Nobody has the right to reverse laws of the Military Disciplinary Code-MDC, but I want to know then in writing. That is why, Judge. With your permission I'll go to the next document, document 10, and I'm quoting here, "Copies of gate pass register from South African Army College, the junior command duties' branch for the period 5 February 2001 to 8 March 2001." I would like to have this document, Judge, because not only are potential witnesses being intimidated, and myself too, to come out into the open and make statements that will say me; as The Accused, that I'm' also ... the charges are actually added up by those that suggest that I was absenting myself without any permission .....on the course. .So-I ‘believe that the only thing, or the only means to save me from these charges is for the statements that will come from the gate pass. I don't want to go into the detail of the charges, but the gate pass will clarify who went out where, what time and if I had permission for that particular day because at no stage do I see myself in the past or the future, Judge, as a senior officer leaving the premises, but that is the charges. don't want to expand too much, Judge, with your permission. But then, if you allow me, Judge, I will continue to the next document, which is 11 in this case. I'm quoting here, "Copy of documentation exchanged within the South African Army College (in Pretoria) and the General Officer Commanding, Officer Training Formation regarding the inclusion or exclusion of Junior Command and Staff Duties staff papers as a failing subject for the period 2000/2001." Judge, if you say to me this one has no relevance to my case, perhaps I would accept that, but the reason why I would have loved to have this document is it would help to show the plethora, and the number, great number of means that have been used to victimise me. One of which is the issue that even though I passed the course, my certificate has been denied me. My promotion has been denied me, and I'm sitting here when most of my colleagues I was on the same track with, are brigadier generals. But I'm sitting because of the victimisation, I was made to fail the course...(unclear)...have helped me a lot to see- what was this communication that existed between the Training Formation and the South African Army College (in Pretoria) so that we know whether the persons who took certain act...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. We can indicate to the court ...
JUDGE PIET RETIEF VENTER: Unless .somebody needs a water break or something.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
GOODMAN MANYANYA PHIRI: I'll be the first one, Judge, with your permission, but not as yet.
JUDGE PIET RETIEF VENTER: Right. You're welcome.
GOODMAN MANYANYA PHIRI: Judge, if it pleases the court I will give the reason why this particular document I would like to have in my possession. This was amongst the first grievances written which, as I said earlier, provoked the 15 charges. This grievance was written to the General Officer Commanding, the Training Formation of the Army, retired General Steyn. It had to do with an issue where I was assaulted during office orders by the acting commander of the college. He assaulted me because = was on this office bearing, and then on his order that : should leave, at the end of the office bearing, I naturally saluted him, and then he ordered me, "leave the office" again, and then asked me why was I standing there. And I said, "Colonel, I was expecting a salute back", then he physically assaulted me. So I wrote a grievance over this issue to the GOC, Army Training Formation, General Steyn. Six months passed and I ...
JUDGE PIET RETIEF VENTER:. Okay, sorry, can I just stop you, through your defence counsel again, does this have Any bearing on any of the charges against you in the charge sheet?
GOODMAN MANYANYA PHIRI: It has the every bearing, Judge, because my a... the person who assaulted me, the acting commandant now the following day, after writing the grievance, he had written the statement. He said ... it's one of the charges ... he said, actually I saluted the wall. He changed everything round, so it's important for us to find out this particular communication between GOC, Army Training Formation and the acting commandant. I want to correct that. GOC, Army Training Formation or the unsworn statement explaining communications between GOC, Army Training Formation and Army Inspector General. I had to go I did go to Brigadier General Barend Deon Steyn, six months after my grievance was not responded to according to the Military Disciplinary Code-MDC, and I said, "General, I may have to charge you, you did not respond to the grievance procedure as in the Military Disciplinary Code-MDC", and General Steyn told me he was ordered by the Inspector General of the army, the very same general who did a Board of Enquiry to my ...Mr Enock Muiseng Mashoala... He was ordered by him not to respond because I'm a criminal. That is why it's important to know whether General Steyn was making this up, or indeed the Inspector General did so order him. What is to me puzzling, how can one brigadier general order another one to carry an order, which is blatantly illegal? Nobody has the right to reverse laws of the Military Disciplinary Code-MDC, but I want to know then in writing. That is why, Judge. With your permission I'll go to the next document, document 10, and I'm quoting here, "Copies of gate pass register from South African Army College, the junior command duties' branch for the period 5 February 2001 to 8 March 2001." I would like to have this document, Judge, because not only are potential witnesses being intimidated, and myself too, to come out into the open and make statements that will say me; as The Accused, that I'm' also ... the charges are actually added up by those that suggest that I was absenting myself without any permission .....on the course. .So-I ‘believe that the only thing, or the only means to save me from these charges is for the statements that will come from the gate pass. I don't want to go into the detail of the charges, but the gate pass will clarify who went out where, what time and if I had permission for that particular day because at no stage do I see myself in the past or the future, Judge, as a senior officer leaving the premises, but that is the charges. don't want to expand too much, Judge, with your permission. But then, if you allow me, Judge, I will continue to the next document, which is 11 in this case. I'm quoting here, "Copy of documentation exchanged within the South African Army College (in Pretoria) and the General Officer Commanding, Officer Training Formation regarding the inclusion or exclusion of Junior Command and Staff Duties staff papers as a failing subject for the period 2000/2001." Judge, if you say to me this one has no relevance to my case, perhaps I would accept that, but the reason why I would have loved to have this document is it would help to show the plethora, and the number, great number of means that have been used to victimise me. One of which is the issue that even though I passed the course, my certificate has been denied me. My promotion has been denied me, and I'm sitting here when most of my colleagues I was on the same track with, are brigadier generals. But I'm sitting because of the victimisation, I was made to fail the course...(unclear)...have helped me a lot to see- what was this communication that existed between the Training Formation and the South African Army College (in Pretoria) so that we know whether the persons who took certain act...
End of tape 6
Transcription commences on tape 7
..............actions in regard to my performance on the course, Whether they did that legally, were they ordered, or whether they did it out of malice, which I would like to believe it was out of malice. In any case,' the short and long of it, Judge, .
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Are we still recording here?
JUDGE PIET RETIEF VENTER: Yes, it has automatically gone over to Oh, okay. Yeah, there are two tapes. Thank you. (unclear) the next one...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Are we still recording here?
JUDGE PIET RETIEF VENTER: Yes, it has automatically gone over to Oh, okay. Yeah, there are two tapes. Thank you. (unclear) the next one...
GOODMAN MANYANYA PHIRI: If it pleases the court, the short and long of this request, Judge, had to do with the order that we, as military students were told at the beginning of the 10 months or so long course. We were told that staff papers, which is a research paper, were so compulsory that if you did not make it, then you would not be able to get your certificate. And it so happened that about five to 10. military students did not pass the staff papers, and yet during the misunderstanding that resulted in the Board of Enquiry, they were then ... and then at the time when already I was now singled out for victimisation those particular military students were allowed their certificates, because they had their aggregate right. So my argument is, Judge, was same applied to me? If there was a module I failed and passed on aggregate was supposed to be given my certificate, but that was not done. Judge, like I said earlier, if you say to me, is not very relevant", I will .accept that. If I were to go to the next one, with your permission
JUDGE PIET RETIEF VENTER: Carry on.
GOODMAN MANYANYA PHIRI: "Open court's copies of..." that is 12, Judge. "...(unclear)...Copies of all documents received by collectively or individual directing staff for the purpose of Directing Staff's own perusal, and/or for the purpose of handing over to Chief of the Army, or the Army Inspector General in pursuance of the welfare of ...(unclear)... one military student grouping or another, which might have perceived itself to be detrimentally affected by the Army College conflicts that came to a head in the period December 2000 to March 2001."Judge, I must just admit that here the language is a bit convoluted but in short what I would like to have here is communication in writing that did, from the look of things, emanate from the Army College where black students, because of their colour of their skin had, as a group, put in a grievance. Or white students, or military students had as a group put in a grievance because of a grouping that felt it's right, for lack of a better word, were not being addressed. Judge, why I need this is because it is my contention that as I sit in this court, I've laboured under these charges two years down the line because I'm a scapegoat of a race war that started on that college because of had management, because of bad Leadership. Co they had to single me out as a way out to explain why there was this. The court may actually have to take this, and it's a fact that there was in fact a grievance that was put by white students that they were being discriminated against by the course chairperson who 11.,-=coned to be a former MK member. So the whole thing deteriorated into a race conflict and at the end of it they had to cover also issues because there was also the issue of some looseness by a certain major, a female there, who apparently had to sleep with an instructor to pass her course. That was the complaint of the white students. They said to the course chairperson, "Why are you quick to point out our shortcomings- as white instructors and students but you don't ... you leave your own sister to sleep around to pass?" So it was a race thing, but then because I had to of speak what I'd seen then I'm ending up as . ???victim??? I would like to have this document because it . will clarify just where this whole conflict emanated from, Judge With your permission I will go to the next document?
JUDGE PIET RETIEF VENTER: Yes.
GOODMAN MANYANYA PHIRI: This would be number 13, "Copy of computer printout of entry to army headquarters, that is Dequar Road, by all personnel during office hours for the period 1 February 2001 to 6 March 2001." T need this document, Judge, for the main reason that I've been charged over this very particular incident for being absent from a place of parade, when, not only was I out per permission but I was in my car, driving to junior officers of the ranks of major and I went with them to the army headquarters, but they, like I said earlier, are being intimidated not to give me statements today. What is going to vindicate me, Judge? It's on the copies of that entrance that I was with these two particular individuals, one of them being [rank update Colonel Piet Sereko] and the other one whose name is escaping me.
JUDGE .Again, Again, through defence counsel, does 20 have a bearing on any of the charges?
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: It is a charge of absence from place of parade, and I'm saying that on that particular charge why am I singled out for charges? If it was a real AWOL why are the people who were in my car ... I had to drive them with my car, are not charge? That is why it's SO important.
JUDGE PIET RETIEF VENTER: Carry on.
GOODMAN MANYANYA PHIRI: "Open court's copies of..." that is 12, Judge. "...(unclear)...Copies of all documents received by collectively or individual directing staff for the purpose of Directing Staff's own perusal, and/or for the purpose of handing over to Chief of the Army, or the Army Inspector General in pursuance of the welfare of ...(unclear)... one military student grouping or another, which might have perceived itself to be detrimentally affected by the Army College conflicts that came to a head in the period December 2000 to March 2001."Judge, I must just admit that here the language is a bit convoluted but in short what I would like to have here is communication in writing that did, from the look of things, emanate from the Army College where black students, because of their colour of their skin had, as a group, put in a grievance. Or white students, or military students had as a group put in a grievance because of a grouping that felt it's right, for lack of a better word, were not being addressed. Judge, why I need this is because it is my contention that as I sit in this court, I've laboured under these charges two years down the line because I'm a scapegoat of a race war that started on that college because of had management, because of bad Leadership. Co they had to single me out as a way out to explain why there was this. The court may actually have to take this, and it's a fact that there was in fact a grievance that was put by white students that they were being discriminated against by the course chairperson who 11.,-=coned to be a former MK member. So the whole thing deteriorated into a race conflict and at the end of it they had to cover also issues because there was also the issue of some looseness by a certain major, a female there, who apparently had to sleep with an instructor to pass her course. That was the complaint of the white students. They said to the course chairperson, "Why are you quick to point out our shortcomings- as white instructors and students but you don't ... you leave your own sister to sleep around to pass?" So it was a race thing, but then because I had to of speak what I'd seen then I'm ending up as . ???victim??? I would like to have this document because it . will clarify just where this whole conflict emanated from, Judge With your permission I will go to the next document?
JUDGE PIET RETIEF VENTER: Yes.
GOODMAN MANYANYA PHIRI: This would be number 13, "Copy of computer printout of entry to army headquarters, that is Dequar Road, by all personnel during office hours for the period 1 February 2001 to 6 March 2001." T need this document, Judge, for the main reason that I've been charged over this very particular incident for being absent from a place of parade, when, not only was I out per permission but I was in my car, driving to junior officers of the ranks of major and I went with them to the army headquarters, but they, like I said earlier, are being intimidated not to give me statements today. What is going to vindicate me, Judge? It's on the copies of that entrance that I was with these two particular individuals, one of them being [rank update Colonel Piet Sereko] and the other one whose name is escaping me.
JUDGE .Again, Again, through defence counsel, does 20 have a bearing on any of the charges?
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: It is a charge of absence from place of parade, and I'm saying that on that particular charge why am I singled out for charges? If it was a real AWOL why are the people who were in my car ... I had to drive them with my car, are not charge? That is why it's SO important.
2) JUDGE PIET RETIEF VENTER:. Okay.. Stay with that.
GOODMAN MANYANYA PHIRI: Judge, thank you, I would go, with your permission, to the next one, which is 14, and I'm reading. ..........now, "Copies' of 'documentation exchanged between the South African Army College and the general officer commanding Army Training Formation regarding military students who failed one module of the junior command staff duties course 2000-2001 'in view of the changes in the course curriculum." There's a similarity, Judge, between this one and the previous one. One of the reasons why I had ... for lack of a better word, been illegally ordered to redo -a course I had passed, it was said that the curriculum had changed so I couldn't find the module that had to be repeated. It was after I had discovered that some other students are allowed to do the module and wrote my last grievance letter to the State President that there had been this leeway now that they accept that this was actually a fraudulent reason. In any case, if any curriculum is going to be changed officers are renowned, of all professions of precision, they plan beforehand. They look out otherwise the enemy will hit you and you'll never know what hit you. They should have foreseen that when they changed the curriculum some military students might fail, so I want that document to see if that eventuality was considered. It's important again, Judge, to have this document because again I am being painted, by witnesses in the Preliminary Investigation? that I am this irresponsible officer Furthermore, the fact that the victimisation is not confined by any means to the Army College, it is as wide as my own formation. It is as wide ... it goes bigger and bigger and every day it's getting bigger and bigger just because of the most ... the officer who is my supervisor, so to speak, at the college did not want to act, stand to be counted. Judge, with your permission I'll go the next one, which is 15. "Copies of all documents exchanged between, on one hand, the South African Army College's Directing Staff as a group, or as individuals and the .................. Military student Committee of the said Junior Command. Staff Duties Course, which was headed .by-Colonel Kgotso Edmund Matli. Documents submitted to the directing staff by individual committee members in pursuit of their portfolios, example security member of the committee must also be included." Judge, the reason why I want this document is I have been given copies of some of these exchanges between the committee and the directing staff of the college by the chairperson, or former chairperson Lieutenant Colonel Kgotso Edmund Matli who now has left the SANDF, and is working for National Intelligence. But he too is being intimidated now. He tells me he cannot appear to this court, and he's the person who's supposed to have been there when I was supposed to be saluting walls or Calling "F" words to my seniors. It's important then to find the official version venture, not what Matli gave me because on the test by the court it may prove that actually perhaps Matli is not. a very loyal person who wants to speak his mind, but he gave me some documents' ... failure to get this particular request, Judge, will compel me to fall back to what Matli cave, which I wouldn't like to, but definitely there was a lot of correspondence between Lieutenant Colonel Matli. He was very censorious about the way the college was being run along in his view, and the view of any other black military students along white racial lines.
GOODMAN MANYANYA PHIRI: Judge, thank you, I would go, with your permission, to the next one, which is 14, and I'm reading. ..........now, "Copies' of 'documentation exchanged between the South African Army College and the general officer commanding Army Training Formation regarding military students who failed one module of the junior command staff duties course 2000-2001 'in view of the changes in the course curriculum." There's a similarity, Judge, between this one and the previous one. One of the reasons why I had ... for lack of a better word, been illegally ordered to redo -a course I had passed, it was said that the curriculum had changed so I couldn't find the module that had to be repeated. It was after I had discovered that some other students are allowed to do the module and wrote my last grievance letter to the State President that there had been this leeway now that they accept that this was actually a fraudulent reason. In any case, if any curriculum is going to be changed officers are renowned, of all professions of precision, they plan beforehand. They look out otherwise the enemy will hit you and you'll never know what hit you. They should have foreseen that when they changed the curriculum some military students might fail, so I want that document to see if that eventuality was considered. It's important again, Judge, to have this document because again I am being painted, by witnesses in the Preliminary Investigation? that I am this irresponsible officer Furthermore, the fact that the victimisation is not confined by any means to the Army College, it is as wide as my own formation. It is as wide ... it goes bigger and bigger and every day it's getting bigger and bigger just because of the most ... the officer who is my supervisor, so to speak, at the college did not want to act, stand to be counted. Judge, with your permission I'll go the next one, which is 15. "Copies of all documents exchanged between, on one hand, the South African Army College's Directing Staff as a group, or as individuals and the .................. Military student Committee of the said Junior Command. Staff Duties Course, which was headed .by-Colonel Kgotso Edmund Matli. Documents submitted to the directing staff by individual committee members in pursuit of their portfolios, example security member of the committee must also be included." Judge, the reason why I want this document is I have been given copies of some of these exchanges between the committee and the directing staff of the college by the chairperson, or former chairperson Lieutenant Colonel Kgotso Edmund Matli who now has left the SANDF, and is working for National Intelligence. But he too is being intimidated now. He tells me he cannot appear to this court, and he's the person who's supposed to have been there when I was supposed to be saluting walls or Calling "F" words to my seniors. It's important then to find the official version venture, not what Matli gave me because on the test by the court it may prove that actually perhaps Matli is not. a very loyal person who wants to speak his mind, but he gave me some documents' ... failure to get this particular request, Judge, will compel me to fall back to what Matli cave, which I wouldn't like to, but definitely there was a lot of correspondence between Lieutenant Colonel Matli. He was very censorious about the way the college was being run along in his view, and the view of any other black military students along white racial lines.
3) JUDGE PIET RETIEF VENTER: ...before you go
GOODMAN MANYANYA PHIRI: reason why I ...(unclear)...
JUDGE PIET RETIEF VENTER: now, are you?
GOODMAN MANYANYA PHIRI: 1 5 .
JUDGE PIET RETIEF VENTER: 15?
GOODMAN MANYANYA PHIRI: Yes.
JUDGE PIET RETIEF VENTER: Okay. How long is the list ...(unclear) ... Up to number what?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: The list goes to number
JUDGE PIET RETIEF VENTER: Number 36. Good. Can we take a break for five minutes?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. As the court pleases we can take a break.
GOODMAN MANYANYA PHIRI: reason why I ...(unclear)...
JUDGE PIET RETIEF VENTER: now, are you?
GOODMAN MANYANYA PHIRI: 1 5 .
JUDGE PIET RETIEF VENTER: 15?
GOODMAN MANYANYA PHIRI: Yes.
JUDGE PIET RETIEF VENTER: Okay. How long is the list ...(unclear) ... Up to number what?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: The list goes to number
JUDGE PIET RETIEF VENTER: Number 36. Good. Can we take a break for five minutes?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. As the court pleases we can take a break.
Recording machine was switched off
JUDGE PIET RETIEF VENTER: The evidence of Lieutenant Colonel Goodman Manyanya Phiri continues after a short adjournment. Is The witness reminded that he is still under oath. He may be seated.
GOODMAN MANYANYA PHIRI: Thank you, Judge.
JUDGE PIET RETIEF VENTER: Take the microphone.
DEFENCE :As the court pleases, Colonel he was still giving evidence. You may continue from where you left off on the documents you have applied for ... we are applying for.
GOODMAN MANYANYA PHIRI: As it so pleases the court, I had just finished, prior to our last adjournment, I'M going to document 16, which I want to quote here, it's, "Copies of marked sheets of evaluations for the following military students" and I would like would request that they be clearly marked in respect of the instructor or instructors who conducted the said evaluation for the entire course we wrote, and the officers in question are "Lieutenant Colonel Mokgoatsane, .Lieutenant Colonel Goodman Manyanya Phiri, Lieutenant Colonel Matli, Lieutenant -Colonel Mobelo, Major Erasmus, Major Putter, Major Bam, Major Bekwa and finally Major Khumalo.".....The reason why this would be relevant for this trial, Judge, is to give the background under which the charges I will repeat that the background against which the charges have been formulated, which had to do with victimisation for a number of reasons among which for being whistle-blowers. It so happened that during that par...
JUDGE PIET RETIEF VENTER: For being what?
GOODMAN MANYANYA PHIRI: Whistle-blowers.
JUDGE PIET RETIEF VENTER: Whistle-blowers?
GOODMAN MANYANYA PHIRI: Yes.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: We were exposing this conduct that was taking place as students, or as people who felt certain things are not happening according to officer etiquette, whereby military students were given, reportedly, preferential marks on the basis of their skin colour. That is I, the black officer, for example will give another black good marks, and I, as the white vice versa, so it also happened that there were also allegations that, in fact, even ended up in a statement, or that was produced by the officers under instruction called a debrief at the end of the course where it very clear that fraternisation with female students ...(unclear)...by males, one particular male being an instructor Colonel Raymond Atlholang Lentsoe was also to play a pivotal role in the corruption of granting unfavourable marks, which ultimately caused the racial conflict the...(unclear) I earlier on mentioned. Because the particular officer Under instruction was a black woman and the instructor was also black and the whites felt it's unfair, and the chairperson of the course was very differential, he was not being' fair-handed. He was like defending this reported unfair granting of marks with apparent sexual favours. it will important then that 1 have it so that it shows just how prevalent the misconduct by the directing of the college was, which they t to hide by charging me. With the permission of the judge, go to the next document, which is, "Order received by South African Army Inspector General to conduct the exercise he subsequently conducted at the S A Army College over the period February to March 2001." That is document 17, Judge. We have alluded to this one before where we wan... we said, when we were discussing the issue of’ where these documents could be. Surely the Inspector General must have received an order, most probably from the Chief of the Army, and it would be important to see, for me due to the allegations made by state witnesses on the Preliminary Investigation that the particular investigation was conducted over issues relating to Lieutenant Colonel Goodman Manyanya Phiri's misconduct. I think the only reliable facts we have is from that particular order written by, ostensibly General Gilbert Lebeko Ramano, to see how truthful this particular state witness is. Judge, if you allow me I'll go to the next one. It's 18, and I'm quoting here, "Copies of material submitted to the office of the Army Inspector General implicating Lieutenant Colonel Phiri' in any form of misconduct whilst still at the South African Army College." Judge, this one is important again to trace back and see that if indeed, as I read out in the previous request or document, if indeed that the Chief of the Army had Issued a particular order that was relating to my supposed misconduct that had to be investigated through a Board of Enquiry, surely there- must have been a document or a statement submitted by the college itself to the effect of my supposed misbehaviour. It is important to have this particular document 18, Judge, because once more the statements under oath in the affidavit of state. witnesses; they allude 'to this where they say there was a Board of Enquiry involving myself for which they say they justify. why I should be charged. Judge, with your permission the next document is 19, and I'm quoting here, "The copy of a ???report??? submitted by the office of the Army Inspector General to Chief of the Army or the army council etcetera. At the end of the Army Inspector General's query, I use the word "query" carefully here, query preliminary investigation. Query report of enquiry at the South African
JUDGE PIET RETIEF VENTER: Sorry. How do you spell that word?
GOODMAN MANYANYA PHIRI: It's que...
JUDGE PIET RETIEF VENTER: Query?
GOODMAN MANYANYA PHIRI: Query.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: Sorry about the pronunciation, Judge.
JUDGE PIET RETIEF VENTER: No, may be yours is right.
GOODMAN MANYANYA PHIRI: But the reason why this is again important is the fact that when I tried to have a contribution in this particular Board of Enquiry or preliminary investigation I was to be told by one inspector by the name of Colonel Magdalena White who was also apparently one of the officers, or inspectors who were the Inspector General at the college. She told me that the particular investigation or Board of Enquiry had been completed and a .report had already been submitted to the army council, or some other organisation. To that effect I was too late. So it's quite important actually to know was there a Board of Enquiry? Was there it over myself as claimed by state witnesses, and was it a preliminary investigation, what is it all about? How can I stand, Judge, and plead in this court over illusions of a board that I have no knowledge about, I have no cognisance about. I hear they involve my name. I wrote grievance after grievance without being accessed. That is why it would help the court and myself particularly to have a clarity on 30 this one. Judge, with your permission the next one is 20, "Order received by Army Inspector General to conduct the exercise he subsequently conducted at the South African Army College over the period February to March 2001." Judge, this one, at the back of my mind, looks like a very similar one we attended to earlier on. Nonetheless there ought to have been an order, and like I said earlier on, all of us officers work under orders otherwise our actions are quite questionable, and probably illegal. I would like to have this one, if indeed 5 there was, such an order, so that if indeed it turns out there was no such an order, nobody had requested the Inspector General to come to the college. He did it on his own because he hates Colonel Phiri, for example, that due process of the should take place against that particular general. Judge, with your permission I'll ...
JUDGE PIET RETIEF VENTER: Sorry, can I ... before you move on just make a comment, or ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: You're welcome, Judge.
JUDGE PIET RETIEF VENTER: ask a little question through your defence counsel. It seems to the court at this stage that all the documents referred to up to now are somewhere within the South African Army or S A Defence Force... that so?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: It looks like that.
JUDGE PIET RETIEF VENTER: You also affirming that?
GOODMAN MANYANYA PHIRI: Yes, Judge, all the documents are available within the SAND F.
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: About 90% of them are within the army S A Army and a sizable amount, say about half of them are in the South African Army College where I was charged.
JUDGE PIET RETIEF VENTER: Oh, thank you. Continue.
GOODMAN MANYANYA PHIRI: Judge, 21 reads as follows, "Copy of and I'm quoting a statement made here, Judge, under oath by one of the witnesses during the 'PI. He's saying, and now I'm asking for the copy of, and I'm quoting him... .....Selection Board or British Military Advisory and Training Team report, which stated that the Army. College's Junior Command and Staff Duties branch recommended Phiri's withdrawal from .„ ..the course after failing milestone 2."Judge, this particular document.. requesting or the reasons thereof have already been touched upon earlier on as this a claim that and I want to read again to refresh myself, "The Selection Board report stated that the branch recommended Phiri's withdrawal from the course after failing milestone 2." It's basically a sentence I'm quoting directly from a statement from one of the state witnesses, and it's difficult for me to follow what he is actually trying to convey here, hence quoting verbatim. But I would like to have that document whatever it means, because it's really confusing, all I know is that it put me in a very negative light. I would like to have it, Judge, with your permission. The next document, Judge, Colonel Eduard Frans Drost, this gentleman is actually the acting commandant of the college. He claims, in his incident report dated 7 March 2001, that he himself proffered Lieutenant Colonel Phiri office orders or 7 March 2001. Judge, just to clarify this has to do with a similar issue where I had requested a requesting or return of my salute at the end of office bearing, and I was assaulted instead. That is where now this further claim is made that, or this document was supposed to have been proffered or offered to myself and it says here I refused to sign, something to that effect. I would like to have that 'particular document because it's not in the Preliminary Investigation document, and as far as I can ... my recollection there was no such a document. But, if indeed it-is there, I would-like to have a look at it for the fairness and for me to prepare for this particular defence against this particular state witness. Judge, with your permission document 23 I Would really love to have it. I'm quoting here, "Copies of all office bearing occasions the commandant, or the acting. commandant, the chief instructor and the course leader ever held with any and all military students on the course, which was started 13 August 2000 to 9 March 2001, and office bearings ordinary instructors of the GOC branch might have had with military students to be also included." Judge, what I'm trying to convey here with this request of this group of documents is just to see the prevalence, if any, of office orders, or office bearing during the particular course, or the period of the course as far as the rest of the military students were concerned. This is important for my case, Judge, because the impression is being created when you read the affidavit of the state witnesses that one of them say something like "seven office orders for Phiri." It is important to see so that there's a comparison to see just hour often these office orders were called, and if indeed other military students had such too, or very few office orders, then to see just how bad Lieutenant Colonel Phiri’s behaviour was. If it turns out for the court that I'm not as bad as I'm being painted then the question will be carried further, what sanction is there for officers who lie who make statements about other officers, other members of the Department just because they don't like...(unclear) ...quite important for me to se... to have these so that I also know whether the people who were supposedly sleeping with the instructor to pass their courses were also called on office bearing, whether those people who were giving marks along racial lines were also called on office bearing.... very much important: Judge, allow me go to the one which reads, "Copies of, office bearing.........(unclear) ...
(b) Keeping unhealthy and scandalous relationships with the course military students of the opposite sex, or any other similar offence.
4) (c) The granting of favourable treatment to white students by any white instructor or directing staff member to the detriment of any, or all, black officers, whether directing staff or military students.
5) (d) Also the granting of favourable treatment to black military students by any black instructor or black course committee -amber to the detriment of any, or all, white officers under instruction whether directing staff or military students." Judge, the reason why I need this again is to create for this court, paint the picture for this court the kind of milieu, or the circumstances under which I ended up as the sole victim that I could not have been responsible for all this behaviour which are in black and white on the course debrief, for example, where marks were given on the basis of apparent sex favours. They were given on the basis of skin colours, and it was a hell of a chaos on that college. It will also help to see if indeed the college still had the substance and the character, the leaders thereof to call to orders instructors including: military students who were not behaving according to the norm that us officers have been taught from day one as to how officers should behave. Judge, with your permission I'll go to number 25, which I'm reading,. Copy of minutes of British Military and Advisory Training Team (Selection Board) Meeting, which was chaired by the commandant of the college 'over Lieutenant Colonel Goodman Manyanya Phiri, that was in January 2001. Judge, my reason has been touched upon also earlier on as this one .....(unclear) ... the British Military Advisory and Training Team said that there was a representative who was sent by my former force, Azanian People’s Liberation Army, to talk for me, and this gentleman was told in no uncertain terms not to participate, and he didn't. And then there were obviously findings after the end of that sitting. I would like to have the Minutes. The reason being that statements are again being made by state witnesses in their affidavits, which are actually the opposite, or even the travesty of what actually took place there. It's also going to help me, Judge, as I've said earlier on to prove my case as an innocent man because there's this overall intimidation. I don't even think Lieutenant Colonel Gcanga, my representative would be prepared to come to the court. He has refused, up to now, anyway to give me any affidavit because of intimidation. Everybody's talking about the bread and butter issues that they're going to lose their posts. Judge, with your permission I will go to the next document, which is now numbered here
JUDGE PIET RETIEF VENTER: Sorry, before you go further, what's the name of that person?
GOODMAN MANYANYA PHIRI: The representative was Lieutenant Colonel Gcanga. I can give you that spelling.
JUDGE PIET RETIEF VENTER: Can you just write just write it.. down there in brackets please. You can continue.
GOODMAN MANYANYA PHIRI: Thank you, Judge, as it pleases the court. Document 26, "South African Army College (in Pretoria) Commandant's sworn affidavit with a list of telephone numbers, home, cell phone, whether private or employers and office numbers of Junior Command and Staff Duties Course 701G372200002, also tendered by Lieutenant Colonel Goodman Manyanya Phiri, The Accused." I will like to have, Judge, similar numbers for members of the directing staff of the branch.
JUDGE PIET RETIEF VENTER: -Can I ask you, through your -defence. counsel, for what purpose?
GOODMAN MANYANYA PHIRI:-..... Judge, this also only will help to show. this court of the kind of .. for lack of a better word, rot that was taking place during that course where command and control as we are taught in the South African National Defence Force was being undermined by instructors, where any instructor, according to the debrief of the course, he was the chief instructor, and by the way, one of the state witnesses against Lieutenant Colonel Goodman Manyanya Phiri was supposed to have ordered, he's a white Colonel, retired, was supposed to have ordered white military students to lay complaints directly to him over ... in other words, jumping the channels of the course leader who happened to be a black Lieutenant Colonel. For the issue of racism :ere, it would be important therefore for the court to see the veracity, or lack thereof of any of these so that the court may, at the end of the day, decide whether Colonel Phiri is sitting in front of the court because he's a victim of white racism, or not. That is why I think it is important for the court to have a request of these documents because they can be traced on the basis of the argument made that the particular instructor, now retired, had told fellow white students to actually have nothing to do with the Black supervisor over them. Now, those telephone
JUDGE PIET RETIEF VENTER: Okay, can I just ask you through your defence counsel, you are possession of the 21, does is that person referred to, this retired Colonel, is he a witness who will ... who has given a statement in the Preliminary Investigation?
GOODMAN MANYANYA PHIRI: His name is Colonel retired Colonel Johannes Hendrik Beyers Kleynhans.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: He has given .a statement, and there is also a statement given me by the.... ...(unclear) ...
JUDGE PIET RETIEF VENTER: Okay, if I look at the charge sheet I notice here there's a Colonel Johannes Hendrik Beyers Kleynhans
GOODMAN MANYANYA PHIRI: Thank you, Sir.
JUDGE PIET RETIEF VENTER: So, obviously he would ,--- a prosecution witness, isn't that so?
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: All I need to see is the frequency of phone calls made by black students to their black instructors vis-a-vis the frequency made by the same black students to white instructors. I do not expect at this day and age of ...
JUDGE PIET RETIEF VENTER: But what will the court, hopefully, learn from that?
GOODMAN MANYANYA PHIRI: The court will be able to learn if there is a prevalence of phone calls made to white instructors by white military students and phone calls preponderance of phone calls made by black military students to black instructors that, I think the SANDF has got a bigger challenge with transformation. On a course we're supposed to ...
JUDGE PIET RETIEF VENTER: Sure. There I agree with you but ... yeah
GOODMAN MANYANYA PHIRI: And then if it can be found that this is what is happening then the court will be able to see whether, at the end of the day, I'm not being a scapegoat, which I'm saying I am, and a subject to victimisation for speaking my mind-
JUDGE PIET RETIEF VENTER: Defence Counsel?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, we can proceed then.
JUDGE PIET RETIEF VENTER:. Okay.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Thanks.
GOODMAN MANYANYA PHIRI: Thank you, Judge, as it pleases court. The following document I would like to have is . BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... (unclear) ... number?
GOODMAN MANYANYA PHIRI: That-would be -number -27
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Number 27?
GOODMAN MANYANYA PHIRI: Yes. Judge, I would like this one for a change on a stiffy. It 'must be an electronic document, Microsoft Word format, a file' copy therefore. I wouldn't like, Judge, if this is a transcription or a copy and paste. It is the affidavit of witness 1. He happens to be the same Colonel we referred to earlier on, and this information is available on the South African Army College computer system. That makes it even a lot easier: Judge, there is a statement here that is in the Preliminary Investigation as an affidavit of witness 1, and I'm prove to this court that there was a coaching of witnesses, that the charges emanated from one person telling the other, "You must say this." You look at that statement and you look at another statement written by another state witness, you find the same thing, just small alterations there. And I think Microsoft Word has got the capability of making one see the timings, for example when these particular statements were made between the two, or different state witnesses and issue of that nature. Judge, I'm not going to be very strong on this one. If the judge feels you're pressing too much, can relinquish this one, but ...
JUDGE PIET RETIEF VENTER: Yes, the point is we can't go too wide.
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: We are bound by the four corners really of the charge sheet.
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: I can, in any case be able to demolish the witnesses by the comparison.
JUDGE PIET RETIEF VENTER: But who . okay, background information that might be relevant ...
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: ... could be allowed.
GOODMAN MANYANYA PHIRI: Judge, with your permission ....to the next one, which is "Copies of Junior Command and Staff Duties branch proposal or recommendation to—British Military Advisory and Training Team—Selection Board during January...concerning Lieutenant Colonel Goodman Manyanya Phiri. The document to be accompanied by a sworn affidavit from directing staff member to the effect, it is the original writing handed to Lieutenant Colonel Goodman Manyanya Phiri prior to the deliberations with the British Military Advisory and Training Team sitting of Lieutenant Colonel Goodman Manyanya Phiri, as chaired by college acting commandant." Judge, once more the state witness mentioned earlier on who was the course leader who many say, on the course, was together with the chairperson where they actually ... they were the two combatants in during the course, the chairperson, a black fellow, who was now left the SANDF and this particular instructor who happened to be white. They were the two combatants, but now he says, this particular state witness and the white Colonel, he says that he had requested, it's now in the affidavit, that I be kept on the course and continue, rather than be sent out for under-performing, and I know better. I was given a statement prior to having a talk with-the British Military Advisory and Training Team, chaired by the commandant of the college, and it said, in no uncertain terms that I should be kicked out of the course because I was under-performing. I was going to get better assistance in my own unit. I would ... I had to go in then and defend myself on my own with my representative given the orders to keep mum, that what's the point, you're taking me out of the course now, you say I must go back to the unit. There's no instructor, there are no books, and you know yourself there's nothing actually happening in the unit. We are not at war. Perhaps if we were at war I would have better experience. We're just sitting. I have to stay on this course and bite the bullet, but now in the statement ... affidavit the same gentleman now says he actually saved me and he was actually telling 80 majors in the class, claiming that he had saved me. I am unthankful. Phiri wants to. 'pass' by virtue of black Skin colour', which is: very insulting. In any case that has been-addressed in the grievances-of which you've received exhibits, Judge.
JUDGE PIET RETIEF VENTER: Okay. Can I ask you, Defence Counsel, the list that your witness is reading from ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes?
JUDGE PIET RETIEF VENTER: ... is that also intended to be handed to me?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: Okay. The Colonel on my right is making a list, but I'm glad to hear that we are going to get that list.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. The list will be handed in, yes.
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: It is going to be Exhibit "E", Judge. With your permission I'm going to continue and just try to find my steps here, I would be on number ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: 30.
GOODMAN MANYANYA PHIRI: Number 30?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
GOODMAN MANYANYA PHIRI: Thank you, Defence Counsel. These are copies of rollcall books or attendance register that is inclusive of parade rollcalls over the period 5-8 march 2001 for military students. Full details must also admitted in terms of the persons who conducted those parades in question. Judge, if there would one document I would say, "Let me have, if I have nothinc else, this is the particular document."
JUDGE PIET RETIEF VENTER: This is number?
GOODMAN MANYANYA PHIRI: Number 30.
JUDGE PIET RETIEF VENTER: Okay. What is it about?
GOODMAN MANYANYA PHIRI: I'm charged for being absent from a place of parade, two charges thereof. There is no way to know what parade it was for, there is no timing there :there’s no rollcall, there's no showing who else was there on the parade, and it's a travesty of justice, Judge. That is the only reason I can say. It's two charges ... this is it. Let me have the rollcall please, Judge. I'm pleading. If I were to continue ...
JUDGE PIET RETIEF VENTER: Sorry, can I just come in here? Defence Counsel, have you ever seen the Board of Enquiry?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: No, we're looking for it. It's part of the documents we haven't received.
JUDGE PIET RETIEF VENTER: Yes. And with your permission- can I ask your client?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: And I'm addressing the question
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: to him through you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge.
JUDGE PIET RETIEF VENTER: Was he ever called in during proceedings of the Board of Enquiry and that whatever somebody else had to say about him that he might not have liked? Was he given the opportunity to cross-examine on those witnesses?
GOODMAN MANYANYA PHIRI: Negative, Judge, and that is the basis of my grievance that has reached even the office of the President of the Republic of South Africa His Excellency Thabo Mvuyelwa Mbeki [Update 2011 Jacob Gedleyihlekisa Zuma]. It's one of the basis anyway. What did happen though is, during the preliminary stages of that particular Major General Enock Muiseng Mashoala’s Board of Enquiry, (if there was a Board of Enquiry after all or is it just hearsay), I was the first person to raise my hand and expressed a sense of preparedness to the Inspector General by the name of Brigadier General Mashoala that I had material evidence to give to his Board of Enquiry, which related to a white instructor, whom I. have caught red-handed instigating a white military student, and I said as much in front of the directing staff, as well as the military student, 80 or 90 of them in all, and he promised that he was going to give me a hearing, which he didn't. And I believe that is why I was victimised by . a White commandant of the college because ...had the guts, so to put it, to speak out against an officer, which had nothing. to . do with my speaking with his colour, it had everything to do with a wrong behaviour of an officer, the rank of a Lieutenant Colonel. And I was prepared, and I told the Inspector General I'm prepared to give him that statement and that was denied me, and then I'm charged today and references made to that Board that it involves me, but I've seen nothing of it.
JUDGE PIET RETIEF VENTER: Okay. Can we stop there? Go on to the next point?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, let's continue.
GOODMAN MANYANYA PHIRI: As pleases the court
JUDGE PIET RETIEF VENTER: If ... unless you want to say something further about the present point?
GOODMAN MANYANYA PHIRI: Nothing more, Judge, on that particular one.
JUDGE PIET RETIEF VENTER: Yes.
GOODMAN MANYANYA PHIRI: Thank you, Judge, nothing on that particular one.
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: This will be number 31, "Copy of a letter or a statement written by the Chief of the South African Army, or written by any of his generals and written to the South African Army College et cetera to the effect that a Board of Enquiry was conducted whilst still investigation pre-related issues at the time of 6 February 2001 to investigate ... Judge, you will pardon me, I'm quoting here that is why the grammar is getting lost, but to investigate a related incident Where Lieutenant Colonel Goodman Manyanya Phiri was involved." This is just a quotation from an affidavit again that gives the impression, and is intended to give the court the impression that there was this Board of Enquiry. Colonel Phiri was involved in the Board of Enquiry and that is why we're ... (unclear . and all those stories. So, what I would request is just that statement or a letter that the Chief of the Army wrote, or arty 'of his subordinates that they wrote to the Army College that they would like to investigate Phiri, anything to I'm in the dark, Judge, I just want to know what is happening, all things are thrown at me of which I know nothing about and I think it was my fundamental right if indeed we want to be a professional army, it was my right to have these documents made, according as well, to the Military Disciplinary Code-MDC Judge, with your permission I'll move to the next one, which is 32, this again has to do with telephone numbers. Okay, "Telephone or home, cell, official and private printouts. That is dialled and received numbers for the General Officer Commanding Army Training Formation for 10 the period of 1 February to 31 March 2001." Judge, may I strike this one out? I'm going to request for number 32.
JUDGE PIET RETIEF VENTER: Right.
GOODMAN MANYANYA PHIRI: Judge, for the sole ...
JUDGE PIET RETIEF VENTER: Can we draw a line through it? Fine. You withdraw that an application on that point?
GOODMAN MANYANYA PHIRI: Yes. Number 32 is out for the reason that it's taken care of by another- request prior to that. The following one now will be our number 32, but reading as 33 here, "South African Army College (in Pretoria) ...
JUDGE PIET RETIEF VENTER: Okay, keep it as 33.
GOODMAN MANYANYA PHIRI: 33? "South African Army College Commandant's sworn affidavit with a list of all telephone numbers, home, cell of the Junior Command and Staff Duties branch, Officers under instruction, as was requested from the officers under instruction and duly granted to the college at the period of the course." Judge, it will be ... I'm trying with this particular list of numbers, and at my own expense, to see the communication that is supposed, according to the debrief that was made collectively by the officers under instruction and signed by the chairperson, the allegation that there was this ... call it a "???cabal???" that WaS existing on the college premises during this COUrse, which was aimed, according to the allegations, want—to-repeat "allegations" made by the chairperson of the course and other students, excluding myself to the effect that the white instructors of the college had instituted an give him that statement and that was denied me, and then I'm charged today and references made to that Board that it involves me, but I've seen nothing of it.
JUDGE PIET RETIEF VENTER: Okay. Can we stop there? Go on to the next point?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, let's continue.
GOODMAN MANYANYA PHIRI: As pleases the court
JUDGE PIET RETIEF VENTER: If ... unless you want to say something further about the present point?
GOODMAN MANYANYA PHIRI: Nothing more, Judge, on that particular one.
JUDGE PIET RETIEF VENTER: Yes.
GOODMAN MANYANYA PHIRI: Thank you, Judge, nothing on that particular one.
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: This will be number 31, "Copy of a letter or a statement written by the Chief of the South African Army, or written by any of his generals and written to the South African Army College et cetera to the effect -hat a Board of Enquiry was conducted whilst still investigation cre-related issues at the time of 6 February 2001 to investigate ... Judge, you will pardon me, I'm quoting here that is why the grammar is getting lost, but to investigate a related incident where Lieutenant Colonel Goodman Manyanya Phiri was involved." This is just a quotation from an affidavit again that gives the impression, and is intended to give the court the impression that there was this Board of Enquiry. Colonel Phiri was involved in the Board of Enquiry and that- is why- we're . (unclear) and all those stories. So, what I would request is just statement or a letter that the Chief of the Army wrote, of his subordinates that they wrote to the Army College that they would like to investigate Phiri, anything to I'm in the dark, Judge, I just want to know what is happening, all things are thrown at me of which I know nothing about and I think it was my fundamental right if indeed we want to be a professional army, it was my right to have these documents made, according as well, to the Military Disciplinary Code-MDC. Judge, with your permission I'll move to the next one, which is 32, this again has to do with telephone numbers. Okay, "Telephone or home, cell, official and private printouts. That is dialled and received numbers for the General Officer Commanding Army Training Formation for 10 the period of 1 February to 31 March 2001." Judge. May I strike this one out? I'm going to request for number 32.
JUDGE PIET RETIEF VENTER: Right.
GOODMAN MANYANYA PHIRI: Judge, for the sole ...
JUDGE PIET RETIEF VENTER: Can we draw a line through it? Fine. You withdraw that ... an application on that point?
GOODMAN MANYANYA PHIRI: Yes. Number 32 is out for the reason that it's taken care of by another request prior to that. The following one now will be our number 32, but reading as 33 here, "South African Army College (in Pretoria) ..
JUDGE PIET RETIEF VENTER: Okay, keep it as 33.
JUDGE PIET RETIEF VENTER: Sorry, before you go further, what's the name of that person?
GOODMAN MANYANYA PHIRI: The representative was Lieutenant Colonel Gcanga. I can give you that spelling.
JUDGE PIET RETIEF VENTER: Can you just write just write it.. down there in brackets please. You can continue.
GOODMAN MANYANYA PHIRI: Thank you, Judge, as it pleases the court. Document 26, "South African Army College (in Pretoria) Commandant's sworn affidavit with a list of telephone numbers, home, cell phone, whether private or employers and office numbers of Junior Command and Staff Duties Course 701G372200002, also tendered by Lieutenant Colonel Goodman Manyanya Phiri, The Accused." I will like to have, Judge, similar numbers for members of the directing staff of the branch.
JUDGE PIET RETIEF VENTER: -Can I ask you, through your -defence. counsel, for what purpose?
GOODMAN MANYANYA PHIRI:-..... Judge, this also only will help to show. this court of the kind of .. for lack of a better word, rot that was taking place during that course where command and control as we are taught in the South African National Defence Force was being undermined by instructors, where any instructor, according to the debrief of the course, he was the chief instructor, and by the way, one of the state witnesses against Lieutenant Colonel Goodman Manyanya Phiri was supposed to have ordered, he's a white Colonel, retired, was supposed to have ordered white military students to lay complaints directly to him over ... in other words, jumping the channels of the course leader who happened to be a black Lieutenant Colonel. For the issue of racism :ere, it would be important therefore for the court to see the veracity, or lack thereof of any of these so that the court may, at the end of the day, decide whether Colonel Phiri is sitting in front of the court because he's a victim of white racism, or not. That is why I think it is important for the court to have a request of these documents because they can be traced on the basis of the argument made that the particular instructor, now retired, had told fellow white students to actually have nothing to do with the Black supervisor over them. Now, those telephone
JUDGE PIET RETIEF VENTER: Okay, can I just ask you through your defence counsel, you are possession of the 21, does is that person referred to, this retired Colonel, is he a witness who will ... who has given a statement in the Preliminary Investigation?
GOODMAN MANYANYA PHIRI: His name is Colonel retired Colonel Johannes Hendrik Beyers Kleynhans.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: He has given .a statement, and there is also a statement given me by the.... ...(unclear) ...
JUDGE PIET RETIEF VENTER: Okay, if I look at the charge sheet I notice here there's a Colonel Johannes Hendrik Beyers Kleynhans
GOODMAN MANYANYA PHIRI: Thank you, Sir.
JUDGE PIET RETIEF VENTER: So, obviously he would ,--- a prosecution witness, isn't that so?
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: All I need to see is the frequency of phone calls made by black students to their black instructors vis-a-vis the frequency made by the same black students to white instructors. I do not expect at this day and age of ...
JUDGE PIET RETIEF VENTER: But what will the court, hopefully, learn from that?
GOODMAN MANYANYA PHIRI: The court will be able to learn if there is a prevalence of phone calls made to white instructors by white military students and phone calls preponderance of phone calls made by black military students to black instructors that, I think the SANDF has got a bigger challenge with transformation. On a course we're supposed to ...
JUDGE PIET RETIEF VENTER: Sure. There I agree with you but ... yeah
GOODMAN MANYANYA PHIRI: And then if it can be found that this is what is happening then the court will be able to see whether, at the end of the day, I'm not being a scapegoat, which I'm saying I am, and a subject to victimisation for speaking my mind-
JUDGE PIET RETIEF VENTER: Defence Counsel?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, we can proceed then.
JUDGE PIET RETIEF VENTER:. Okay.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Thanks.
GOODMAN MANYANYA PHIRI: Thank you, Judge, as it pleases court. The following document I would like to have is . BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... (unclear) ... number?
GOODMAN MANYANYA PHIRI: That-would be -number -27
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Number 27?
GOODMAN MANYANYA PHIRI: Yes. Judge, I would like this one for a change on a stiffy. It 'must be an electronic document, Microsoft Word format, a file' copy therefore. I wouldn't like, Judge, if this is a transcription or a copy and paste. It is the affidavit of witness 1. He happens to be the same Colonel we referred to earlier on, and this information is available on the South African Army College computer system. That makes it even a lot easier: Judge, there is a statement here that is in the Preliminary Investigation as an affidavit of witness 1, and I'm prove to this court that there was a coaching of witnesses, that the charges emanated from one person telling the other, "You must say this." You look at that statement and you look at another statement written by another state witness, you find the same thing, just small alterations there. And I think Microsoft Word has got the capability of making one see the timings, for example when these particular statements were made between the two, or different state witnesses and issue of that nature. Judge, I'm not going to be very strong on this one. If the judge feels you're pressing too much, can relinquish this one, but ...
JUDGE PIET RETIEF VENTER: Yes, the point is we can't go too wide.
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: We are bound by the four corners really of the charge sheet.
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Okay.
GOODMAN MANYANYA PHIRI: I can, in any case be able to demolish the witnesses by the comparison.
JUDGE PIET RETIEF VENTER: But who . okay, background information that might be relevant ...
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: ... could be allowed.
GOODMAN MANYANYA PHIRI: Judge, with your permission ....to the next one, which is "Copies of Junior Command and Staff Duties branch proposal or recommendation to—British Military Advisory and Training Team—Selection Board during January...concerning Lieutenant Colonel Goodman Manyanya Phiri. The document to be accompanied by a sworn affidavit from directing staff member to the effect, it is the original writing handed to Lieutenant Colonel Goodman Manyanya Phiri prior to the deliberations with the British Military Advisory and Training Team sitting of Lieutenant Colonel Goodman Manyanya Phiri, as chaired by college acting commandant." Judge, once more the state witness mentioned earlier on who was the course leader who many say, on the course, was together with the chairperson where they actually ... they were the two combatants in during the course, the chairperson, a black fellow, who was now left the SANDF and this particular instructor who happened to be white. They were the two combatants, but now he says, this particular state witness and the white Colonel, he says that he had requested, it's now in the affidavit, that I be kept on the course and continue, rather than be sent out for under-performing, and I know better. I was given a statement prior to having a talk with-the British Military Advisory and Training Team, chaired by the commandant of the college, and it said, in no uncertain terms that I should be kicked out of the course because I was under-performing. I was going to get better assistance in my own unit. I would ... I had to go in then and defend myself on my own with my representative given the orders to keep mum, that what's the point, you're taking me out of the course now, you say I must go back to the unit. There's no instructor, there are no books, and you know yourself there's nothing actually happening in the unit. We are not at war. Perhaps if we were at war I would have better experience. We're just sitting. I have to stay on this course and bite the bullet, but now in the statement ... affidavit the same gentleman now says he actually saved me and he was actually telling 80 majors in the class, claiming that he had saved me. I am unthankful. Phiri wants to. 'pass' by virtue of black Skin colour', which is: very insulting. In any case that has been-addressed in the grievances-of which you've received exhibits, Judge.
JUDGE PIET RETIEF VENTER: Okay. Can I ask you, Defence Counsel, the list that your witness is reading from ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes?
JUDGE PIET RETIEF VENTER: ... is that also intended to be handed to me?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: Okay. The Colonel on my right is making a list, but I'm glad to hear that we are going to get that list.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. The list will be handed in, yes.
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: It is going to be Exhibit "E", Judge. With your permission I'm going to continue and just try to find my steps here, I would be on number ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: 30.
GOODMAN MANYANYA PHIRI: Number 30?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
GOODMAN MANYANYA PHIRI: Thank you, Defence Counsel. These are copies of rollcall books or attendance register that is inclusive of parade rollcalls over the period 5-8 march 2001 for military students. Full details must also admitted in terms of the persons who conducted those parades in question. Judge, if there would one document I would say, "Let me have, if I have nothinc else, this is the particular document."
JUDGE PIET RETIEF VENTER: This is number?
GOODMAN MANYANYA PHIRI: Number 30.
JUDGE PIET RETIEF VENTER: Okay. What is it about?
GOODMAN MANYANYA PHIRI: I'm charged for being absent from a place of parade, two charges thereof. There is no way to know what parade it was for, there is no timing there :there’s no rollcall, there's no showing who else was there on the parade, and it's a travesty of justice, Judge. That is the only reason I can say. It's two charges ... this is it. Let me have the rollcall please, Judge. I'm pleading. If I were to continue ...
JUDGE PIET RETIEF VENTER: Sorry, can I just come in here? Defence Counsel, have you ever seen the Board of Enquiry?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: No, we're looking for it. It's part of the documents we haven't received.
JUDGE PIET RETIEF VENTER: Yes. And with your permission- can I ask your client?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: And I'm addressing the question
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: to him through you.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, Judge.
JUDGE PIET RETIEF VENTER: Was he ever called in during proceedings of the Board of Enquiry and that whatever somebody else had to say about him that he might not have liked? Was he given the opportunity to cross-examine on those witnesses?
GOODMAN MANYANYA PHIRI: Negative, Judge, and that is the basis of my grievance that has reached even the office of the President of the Republic of South Africa His Excellency Thabo Mvuyelwa Mbeki [Update 2011 Jacob Gedleyihlekisa Zuma]. It's one of the basis anyway. What did happen though is, during the preliminary stages of that particular Major General Enock Muiseng Mashoala’s Board of Enquiry, (if there was a Board of Enquiry after all or is it just hearsay), I was the first person to raise my hand and expressed a sense of preparedness to the Inspector General by the name of Brigadier General Mashoala that I had material evidence to give to his Board of Enquiry, which related to a white instructor, whom I. have caught red-handed instigating a white military student, and I said as much in front of the directing staff, as well as the military student, 80 or 90 of them in all, and he promised that he was going to give me a hearing, which he didn't. And I believe that is why I was victimised by . a White commandant of the college because ...had the guts, so to put it, to speak out against an officer, which had nothing. to . do with my speaking with his colour, it had everything to do with a wrong behaviour of an officer, the rank of a Lieutenant Colonel. And I was prepared, and I told the Inspector General I'm prepared to give him that statement and that was denied me, and then I'm charged today and references made to that Board that it involves me, but I've seen nothing of it.
JUDGE PIET RETIEF VENTER: Okay. Can we stop there? Go on to the next point?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, let's continue.
GOODMAN MANYANYA PHIRI: As pleases the court
JUDGE PIET RETIEF VENTER: If ... unless you want to say something further about the present point?
GOODMAN MANYANYA PHIRI: Nothing more, Judge, on that particular one.
JUDGE PIET RETIEF VENTER: Yes.
GOODMAN MANYANYA PHIRI: Thank you, Judge, nothing on that particular one.
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: This will be number 31, "Copy of a letter or a statement written by the Chief of the South African Army, or written by any of his generals and written to the South African Army College et cetera to the effect that a Board of Enquiry was conducted whilst still investigation pre-related issues at the time of 6 February 2001 to investigate ... Judge, you will pardon me, I'm quoting here that is why the grammar is getting lost, but to investigate a related incident Where Lieutenant Colonel Goodman Manyanya Phiri was involved." This is just a quotation from an affidavit again that gives the impression, and is intended to give the court the impression that there was this Board of Enquiry. Colonel Phiri was involved in the Board of Enquiry and that is why we're ... (unclear . and all those stories. So, what I would request is just that statement or a letter that the Chief of the Army wrote, or arty 'of his subordinates that they wrote to the Army College that they would like to investigate Phiri, anything to I'm in the dark, Judge, I just want to know what is happening, all things are thrown at me of which I know nothing about and I think it was my fundamental right if indeed we want to be a professional army, it was my right to have these documents made, according as well, to the Military Disciplinary Code-MDC Judge, with your permission I'll move to the next one, which is 32, this again has to do with telephone numbers. Okay, "Telephone or home, cell, official and private printouts. That is dialled and received numbers for the General Officer Commanding Army Training Formation for 10 the period of 1 February to 31 March 2001." Judge, may I strike this one out? I'm going to request for number 32.
JUDGE PIET RETIEF VENTER: Right.
GOODMAN MANYANYA PHIRI: Judge, for the sole ...
JUDGE PIET RETIEF VENTER: Can we draw a line through it? Fine. You withdraw that an application on that point?
GOODMAN MANYANYA PHIRI: Yes. Number 32 is out for the reason that it's taken care of by another- request prior to that. The following one now will be our number 32, but reading as 33 here, "South African Army College (in Pretoria) ...
JUDGE PIET RETIEF VENTER: Okay, keep it as 33.
GOODMAN MANYANYA PHIRI: 33? "South African Army College Commandant's sworn affidavit with a list of all telephone numbers, home, cell of the Junior Command and Staff Duties branch, Officers under instruction, as was requested from the officers under instruction and duly granted to the college at the period of the course." Judge, it will be ... I'm trying with this particular list of numbers, and at my own expense, to see the communication that is supposed, according to the debrief that was made collectively by the officers under instruction and signed by the chairperson, the allegation that there was this ... call it a "???cabal???" that WaS existing on the college premises during this COUrse, which was aimed, according to the allegations, want—to-repeat "allegations" made by the chairperson of the course and other students, excluding myself to the effect that the white instructors of the college had instituted an give him that statement and that was denied me, and then I'm charged today and references made to that Board that it involves me, but I've seen nothing of it.
JUDGE PIET RETIEF VENTER: Okay. Can we stop there? Go on to the next point?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, let's continue.
GOODMAN MANYANYA PHIRI: As pleases the court
JUDGE PIET RETIEF VENTER: If ... unless you want to say something further about the present point?
GOODMAN MANYANYA PHIRI: Nothing more, Judge, on that particular one.
JUDGE PIET RETIEF VENTER: Yes.
GOODMAN MANYANYA PHIRI: Thank you, Judge, nothing on that particular one.
JUDGE PIET RETIEF VENTER: Yeah.
GOODMAN MANYANYA PHIRI: This will be number 31, "Copy of a letter or a statement written by the Chief of the South African Army, or written by any of his generals and written to the South African Army College et cetera to the effect -hat a Board of Enquiry was conducted whilst still investigation cre-related issues at the time of 6 February 2001 to investigate ... Judge, you will pardon me, I'm quoting here that is why the grammar is getting lost, but to investigate a related incident where Lieutenant Colonel Goodman Manyanya Phiri was involved." This is just a quotation from an affidavit again that gives the impression, and is intended to give the court the impression that there was this Board of Enquiry. Colonel Phiri was involved in the Board of Enquiry and that- is why- we're . (unclear) and all those stories. So, what I would request is just statement or a letter that the Chief of the Army wrote, of his subordinates that they wrote to the Army College that they would like to investigate Phiri, anything to I'm in the dark, Judge, I just want to know what is happening, all things are thrown at me of which I know nothing about and I think it was my fundamental right if indeed we want to be a professional army, it was my right to have these documents made, according as well, to the Military Disciplinary Code-MDC. Judge, with your permission I'll move to the next one, which is 32, this again has to do with telephone numbers. Okay, "Telephone or home, cell, official and private printouts. That is dialled and received numbers for the General Officer Commanding Army Training Formation for 10 the period of 1 February to 31 March 2001." Judge. May I strike this one out? I'm going to request for number 32.
JUDGE PIET RETIEF VENTER: Right.
GOODMAN MANYANYA PHIRI: Judge, for the sole ...
JUDGE PIET RETIEF VENTER: Can we draw a line through it? Fine. You withdraw that ... an application on that point?
GOODMAN MANYANYA PHIRI: Yes. Number 32 is out for the reason that it's taken care of by another request prior to that. The following one now will be our number 32, but reading as 33 here, "South African Army College (in Pretoria) ..
JUDGE PIET RETIEF VENTER: Okay, keep it as 33.
6) GOODMAN MANYANYA PHIRI: 33? "South African Army College Commandant's sworn affidavit with a list of all telephone numbers, home, cell of the Junior Command and Staff Duties branch, Officers under instruction, as was requested from the officers under instruction and duly granted to the college at the period of the course." Judge, it will be ... I'm trying with this particular list of numbers, and at my own expense, to see the communication that is supposed, according to the debrief that was made collectively by the officers- under instruction and signed by the chairperson, the- allegation that there was this ' ' Call it a "cabal" that was existing. on the college premises during this course, which was aimed, ' according to the allegations, and I want to repeat "allegations" made. by the chairperson of the course and other students, excluding myself to the effect that the white instructors. of the college had instituted an underground organisation parallel to the course committee that was meant to safeguard white interests on the course. It will be important, Judge, if. I can get these numbers and, like I said through my own expenses with the permission of whoever, the Attorney General to make application for printouts of this to see if there was this hotline that was created along racial lines, because then ---it will help this court to see what kind a of situation from which I'm being charged for being so outspoken. Judge, I want to state this very clearly, I've never gone out to hurt people ofbut a colour different to myself, I've never flinched again to point out wrongdoings that are done by other people of another colour just because they are another colour. And that is why I find myself in this situation because of my fearlessness as an officer for speaking my mind. And in this particular case I'm not trying to have a witch-hunt. I'm just trying to get something that went wrong, right. Judge, with the permission I will go to the next one. That is number 34. It's the Army Inspector General's sworn affidavit with a list of all telephone numbers, the home, cell, official and private, and office numbers of army Inspector General's personal self and the persons of his personnel. That is Colonels White and Mokalakeas of the period 1 February to 31 Earch 2001. The telephone printouts for Inspector General, Colonels Hendrina Magdalena White and Stephen Oupa Mokalake, these two colonels are actually sub-inspectors, they work with the general in question."Dialled and received numbers for the period mentioned in the paragraph above." It is my contention, Judge, that this particular Board of Enquiry, for the mere reason that it is not made public to the most important person supposedly, myself, it's because "it''s probably fraudulent. It's probably people who are talking behind the backs to see how they can cover the scandal that was taking place on that issue, over apparent sex issues and race issues. They were trying to cover it up and that's why the Inspector General materialised there and at the end of about two weeks well paid time there by the taxpayers money he has got nothing to produce! But I must be tried on the basis of that Board of Enquiry! These telephone printouts will help the court, particularly myself, to see the skeletons, which I'm sure will be found somewhere, unless I'm given, of course, those statements of the Board of Enquiry to free me of my worries. But until I have those statements I will have also to request for these home telephone numbers to see what hotline existed during the particular period when people were supposed to be participating in a legal process according to the Military Disciplinary Code-MDC, namely a Board of Encuiry.
JUDGE PIET RETIEF VENTER: Okay. Can I just stop you there?
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Just playing devil's advocate for a moment and through your defence counsel, of course, might be phone calls, lots of them that have nothing :Oeredo with your case if you ask for a telephone crintout. Isn't that so?
GOODMAN MANYANYA PHIRI: Judge ...
JUDGE PIET RETIEF VENTER: So it's not such an easy ratter.
GOODMAN MANYANYA PHIRI: I must actually thank you ...
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: ... because you've helped me in a point I was otherwise going to forget.
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: I was sitting in the office of-one-of the inspectors during, or towards the tail end of the investigation, trying to plead with him the:. I should also participate. I pleaded all the way, and during that process the particular inspettOr.by'the name of Colonel Mukalake actually phoned Major Matli who was the course chairman. By that time I was still employed at Defence Headquarters.
JUDGE PIET RETIEF VENTER: Okay.may be your defence counsel should decide whether you should say this or as it might influence the court one or another.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, it ...
JUDGE PIET RETIEF VENTER: That we rather leave it there, or what?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, leave it at that, Colonel Phiri, the fact that now it's considered that the documents is properly recorded.
GOODMAN MANYANYA PHIRI: Thank you. As it pleases the court. will go to the next request, which is number 35. I'm quoting here, "The matters of Word format, file copy of affidavit of witness 2. I'm going to strike, Judge, one more because it is an electronic document number decided on a similar document requested that I think I will equally do well during the court process to show what loopholes I think were created, or the coaching that I suspect took place here. The last one is number 36, the copies of the seven incident reports on Lieutenant Colonel Goodman Manyanya Phiri's file with regard to work not being up to standard. This is a statement again quoted verbatim from an affidavit of a witness in the Preliminary Investigation process. I am of the view, Judge, that it's going to serve the respect of this court, which is so well respected, including by myself and by the larger defence force community. It will serve the image of the court well to have these documents so that officers who lied, deliberately lying can have, for lack of a better description, in Afrikaans, "Boontjie kry sy loontjie", they can get what they-deserve unlike to allow people who lie under oath to perpetuate it further. And this be taken as...... line somebody says, "Colonel Phiri was wrongfciuM and then 10 years.......truth what they say in affidavits, tried." It won't serve anybody. I thank you, Judge, for the opportunity you gave me, but I want to believe perhaps 35 my defence counsel would want to lead me towards certain clarifications. But on my side I would really thank the court for giving me this opportunity. I'm eternally grateful.
JUDGE PIET RETIEF VENTER: Right. Anything else from your witness, Counsel, that you want him to say?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Er ...
JUDGE PIET RETIEF VENTER: Or give evidence about?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay. Colonel, could you just help us here on this Board of Enquiry, is it that the Inspector General’s investigation supposedly to be a Board of Enquiry, or was 10 there any other Board of Enquiry?
GOODMAN MANYANYA PHIRI: There were a number of investigations that took place during that period. There was this one that involved the Inspector General, which is referred to by a state witness as a Board of Enquiry that he says involved myself. I have a big problem, I don't know about it. There was also another investigation that was done much later, prior to my being charged that was done by the college, and I participated. Interestingly the Preliminary Investigation has nothing about that particular one, but I'm not querying that, but it did take place and it was also boycotted by some other members. That was the second investigation that took place. That would be all, as far as I can recall.
JUDGE PIET RETIEF VENTER: Okay. Can I just stop you there?
GOODMAN MANYANYA PHIRI: Yes, Judge.
JUDGE PIET RETIEF VENTER: Just playing devil's advocate for a moment and through your defence counsel, of course, might be phone calls, lots of them that have nothing :Oeredo with your case if you ask for a telephone crintout. Isn't that so?
GOODMAN MANYANYA PHIRI: Judge ...
JUDGE PIET RETIEF VENTER: So it's not such an easy ratter.
GOODMAN MANYANYA PHIRI: I must actually thank you ...
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: ... because you've helped me in a point I was otherwise going to forget.
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: I was sitting in the office of-one-of the inspectors during, or towards the tail end of the investigation, trying to plead with him the:. I should also participate. I pleaded all the way, and during that process the particular inspettOr.by'the name of Colonel Mukalake actually phoned Major Matli who was the course chairman. By that time I was still employed at Defence Headquarters.
JUDGE PIET RETIEF VENTER: Okay.may be your defence counsel should decide whether you should say this or as it might influence the court one or another.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, it ...
JUDGE PIET RETIEF VENTER: That we rather leave it there, or what?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, leave it at that, Colonel Phiri, the fact that now it's considered that the documents is properly recorded.
GOODMAN MANYANYA PHIRI: Thank you. As it pleases the court. will go to the next request, which is number 35. I'm quoting here, "The matters of Word format, file copy of affidavit of witness 2. I'm going to strike, Judge, one more because it is an electronic document number decided on a similar document requested that I think I will equally do well during the court process to show what loopholes I think were created, or the coaching that I suspect took place here. The last one is number 36, the copies of the seven incident reports on Lieutenant Colonel Goodman Manyanya Phiri's file with regard to work not being up to standard. This is a statement again quoted verbatim from an affidavit of a witness in the Preliminary Investigation process. I am of the view, Judge, that it's going to serve the respect of this court, which is so well respected, including by myself and by the larger defence force community. It will serve the image of the court well to have these documents so that officers who lied, deliberately lying can have, for lack of a better description, in Afrikaans, "Boontjie kry sy loontjie", they can get what they-deserve unlike to allow people who lie under oath to perpetuate it further. And this be taken as...... line somebody says, "Colonel Phiri was wrongfciuM and then 10 years.......truth what they say in affidavits, tried." It won't serve anybody. I thank you, Judge, for the opportunity you gave me, but I want to believe perhaps 35 my defence counsel would want to lead me towards certain clarifications. But on my side I would really thank the court for giving me this opportunity. I'm eternally grateful.
JUDGE PIET RETIEF VENTER: Right. Anything else from your witness, Counsel, that you want him to say?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Er ...
JUDGE PIET RETIEF VENTER: Or give evidence about?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay. Colonel, could you just help us here on this Board of Enquiry, is it that the Inspector General’s investigation supposedly to be a Board of Enquiry, or was 10 there any other Board of Enquiry?
GOODMAN MANYANYA PHIRI: There were a number of investigations that took place during that period. There was this one that involved the Inspector General, which is referred to by a state witness as a Board of Enquiry that he says involved myself. I have a big problem, I don't know about it. There was also another investigation that was done much later, prior to my being charged that was done by the college, and I participated. Interestingly the Preliminary Investigation has nothing about that particular one, but I'm not querying that, but it did take place and it was also boycotted by some other members. That was the second investigation that took place. That would be all, as far as I can recall.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay, there's no further evidence (unclear) ..
JUDGE PIET RETIEF VENTER: No ... okay.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: Prosecution Counsel, any cross-examination?
PROSECUTION COUNSEL Ms KAREN BOSHOFF: As it pleases the court, thank you, Judge.
JUDGE PIET RETIEF VENTER: Just hang on a moment, let me make a 'not'e here. You can start.
PROSECUTION COUNSEL Ms KAREN BOSHOFF: Thank you, Judge. The prosecution- will also just request the same as my learned colleague, when addressing this application that he said he will make an address after the examination by his witness that that will be also conveyed to the prosecutor to address the court on the application.
JUDGE PIET RETIEF VENTER: Of course, that is normal procedure.
PROSECUTION COUNSEL Ms KAREN BOSHOFF: Thank you, Judge.
JUDGE PIET RETIEF VENTER: But do you have any cTuestions to the witness?
JUDGE PIET RETIEF VENTER: No ... okay.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: Prosecution Counsel, any cross-examination?
JUDGE PIET RETIEF VENTER: Just hang on a moment, let me make a 'not'e here. You can start.
JUDGE PIET RETIEF VENTER: Of course, that is normal procedure.
JUDGE PIET RETIEF VENTER: But do you have any cTuestions to the witness?
7) PROSECUTION COUNSEL Ms KAREN BOSHOFF: I'm going to go forward with the cross-examination, Judge.
CROSS-EXAMINATION:
PROSECUTION COUNSEL Ms KAREN BOSHOFF: Colonel, are you aware of the charges against you?
GOODMAN MANYANYA PHIRI: I'm crystal clear of the charges, Madam Prosecutor.
PROSECUTION COUNSEL Ms KAREN BOSHOFF: So you're clear about the charges against you, as you are charged for today?
GOODMAN MANYANYA PHIRI: Positive.
PROSECUTION COUNSEL Ms KAREN BOSHOFF: Okay. Colonel, do you agree with me that these charges are in resulted because of discussions or arguments, which occurred on a one-on-one basis in an 20 office in an isolated situation?
GOODMAN MANYANYA PHIRI: I disagree, Madam Prosecutor.
PROSECUTION COUNSEL Ms KAREN BOSHOFF: Why, Colonel?
GOODMAN MANYANYA PHIRI: All the charges that I'm facing it was not ... (unclear) .... situation. There was a third party and for some of them there's even 80 par:ties, that is the other military students.
JUDGE PIET RETIEF VENTER: Okay. Sorry, can I just come in' here, I'm just a bit careful that we might be going into the merits of this case, you know outside of what is allowed in regard to the defence trying to make out a case that they should be put in possession of certain documents to enable them to fully cross-examine.
CROSS-EXAMINATION:
GOODMAN MANYANYA PHIRI: I'm crystal clear of the charges, Madam Prosecutor.
GOODMAN MANYANYA PHIRI: Positive.
GOODMAN MANYANYA PHIRI: I disagree, Madam Prosecutor.
GOODMAN MANYANYA PHIRI: All the charges that I'm facing it was not ... (unclear) .... situation. There was a third party and for some of them there's even 80 par:ties, that is the other military students.
JUDGE PIET RETIEF VENTER: Okay. Sorry, can I just come in' here, I'm just a bit careful that we might be going into the merits of this case, you know outside of what is allowed in regard to the defence trying to make out a case that they should be put in possession of certain documents to enable them to fully cross-examine.
8) PROSECUTION COUNSEL Ms KAREN BOSHOFF: As it pleases the court '
9) JUDGE PIET RETIEF VENTER: But ... ja.
10) PROSECUTION COUNSEL Ms KAREN BOSHOFF: The state has noted.
11) JUDGE PIET RETIEF VENTER: Yeah. I take it you are yourself careful in not exceeding certain bounds?
PROSECUTION COUNSEL Ms KAREN BOSHOFF: That's correct, Judge. - Colonel, furthermore, and I won't take this point further, these 5 charges that have been put against you are in regards to allegations documents. that there
PROSECUTION COUNSEL Ms KAREN BOSHOFF: That is why I need those documents just to show is some basis or for the charges. But, Colonel, do you agree with me that it's on averred, alleged statements or words made by yourself?
GOODMAN MANYANYA PHIRI: It's an allegation, Madam Prosecutor, that is based on documents, that's why I would acree with you with. It's not made out of the blue. We've made use of documents, which I don't have.
PROSECUTION COUNSEL Ms KAREN BOSHOFF: Colonel, do you agree w'th me that the ... if we can say the discrepancy that you put forward of the document regarding the Board of Enquiry is totally 25 irrelevant to the charges that are in front of the court?
GOODMAN MANYANYA PHIRI: Do you have the number there? Let me read it and be with you because I'm lost at this moment.
GOODMAN MANYANYA PHIRI: It's an allegation, Madam Prosecutor, that is based on documents, that's why I would acree with you with. It's not made out of the blue. We've made use of documents, which I don't have.
GOODMAN MANYANYA PHIRI: Do you have the number there? Let me read it and be with you because I'm lost at this moment.
GOODMAN MANYANYA PHIRI: I want for the Board of Enquiry all the statements as was my right to read everything that everybody ... (unclear) ... in the Board of Enquiry. Is that what you're talking abOut?
GOODMAN MANYANYA PHIRI: What's your question, Madam Prosecutor?
GOODMAN MANYANYA PHIRI: I didn't appear before any Board ofEnquiry.
GOODMAN MANYANYA PHIRI: My concern is that that Board of Enquiry' is made us of by in the affidavits that are coming that are in this court in the Preliminary Investigation? is being quoted when I'm in the dark about it. My point is, the same witnesses who are being used by the state now in these charges are the same witnesses who most probably by ... (unclear) in that Board of Enquiry, which ... from which 7 was illegally excluded. It would be important for this court to see if .. (unclear) ... discrepancies there will be any between what they said in that Board of –Enquiry and what they are saying to this court today.
GOODMAN MANYANYA PHIRI: Madam Prosecutor, that is a drop in ocean. The allusion made by these state witnesses...they make... they allude ... they implicate bigger processes of which ... they are ... for lack of a better word, bastardising what actually happened if they are touching on the ...(unclear)... now what they have given during the Preliminary Investigation is a drop in the ocean, and it's not going to help my case to prove my innocence, which T believe I'm going to prove by means of being forwarded the bigger picture, which they are wrongfully painting.
GOODMAN MANYANYA PHIRI: Yes, I've actually written a grievance
JUDGE PIET RETIEF VENTER: Okay. Can we rather leave that for the case proper?
GOODMAN MANYANYA PHIRI: What would you read, Ma'am, as being the charge four?
GOODMAN MANYANYA PHIRI: Point of clarification, when did you draft those charges?
GOODMAN MANYANYA PHIRI: You keep on chopping me, Madam Prosecutor, your charges. Remember, in April you had another charge. November, for the first time you gave an official charge .
GOODMAN MANYANYA PHIRI:- new ... in November.- Now you've got a 30 thing in the last 24 hours.
JUDGE PIET RETIEF VENTER: Okay. Sorry, can I just ...
GOODMAN MANYANYA PHIRI: When am I going to know how to defend myself now?
JUDGE PIET RETIEF VENTER: try and bring some calmness and sanity here.
GOODMAN MANYANYA PHIRI: What ...
JUDGE PIET RETIEF VENTER: Defence Counsel, do you have the charge of 16 January 2002?
12) BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY:
JUDGE PIET RETIEF VENTER: 2003, sorry.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: I'm not sure ...
JUDGE PIET RETIEF VENTER: And if so, has that been shown to your client and discussed with him?
GOODMAN MANYANYA PHIRI: Judge, may I ask a question?
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: When am I going to prepare for defending myself if the charges are chopped and changed three times in a space of about two years? When am i going to get witnesses if at the liking of the state, they're going to sleep and decide now we're going to draft this one?
JUDGE PIET RETIEF VENTER: Colonel Phiri, this court will give you ample time, and I don't know what happened before and I don't know whether this charge sheet differs from previous charge sheet ...
GOODMAN MANYANYA PHIRI: Oh yes, this is news, what she's telling me.
JUDGE PIET RETIEF VENTER: Okay. And now the question to your defence counsel is, does your defence counsel have this charge sheet dated 16 January 2003? By the way, the court has it and understands the law is entitled to have this at military courts. this stage. It has always been like that in
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. I haven't consulted with you, see that this court might be prejudiced side that
JUDGE PIET RETIEF VENTER: There's no problem from your
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: by the judge knowing what the charges are?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, we haven't consulted on this charge, it came it was faxed to me recently.
JUDGE PIET RETIEF VENTER: Oh!
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: on that?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Colonel Phiri
JUDGE PIET RETIEF VENTER: 2003, sorry.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: I'm not sure ...
JUDGE PIET RETIEF VENTER: And if so, has that been shown to your client and discussed with him?
GOODMAN MANYANYA PHIRI: Judge, may I ask a question?
JUDGE PIET RETIEF VENTER: Mm.
GOODMAN MANYANYA PHIRI: When am I going to prepare for defending myself if the charges are chopped and changed three times in a space of about two years? When am i going to get witnesses if at the liking of the state, they're going to sleep and decide now we're going to draft this one?
JUDGE PIET RETIEF VENTER: Colonel Phiri, this court will give you ample time, and I don't know what happened before and I don't know whether this charge sheet differs from previous charge sheet ...
GOODMAN MANYANYA PHIRI: Oh yes, this is news, what she's telling me.
JUDGE PIET RETIEF VENTER: Okay. And now the question to your defence counsel is, does your defence counsel have this charge sheet dated 16 January 2003? By the way, the court has it and understands the law is entitled to have this at military courts. this stage. It has always been like that in
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. I haven't consulted with you, see that this court might be prejudiced side that
JUDGE PIET RETIEF VENTER: There's no problem from your
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: by the judge knowing what the charges are?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, we haven't consulted on this charge, it came it was faxed to me recently.
JUDGE PIET RETIEF VENTER: Oh!
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
JUDGE PIET RETIEF VENTER: on that?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Colonel Phiri
13) JUDGE PIET RETIEF VENTER:
14) So you haven't consulted with your client Consulted. No, I haven't consulted with on this charge sheet. Okay.Some of it came recently and I was hoping that today we would just be sorting out assessors then we would prepare for ...
15) JUDGE PIET RETIEF VENTER: Well, actually we have got a bit further, which I think would satisfy many people.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. Thanks, Judge.
JUDGE PIET RETIEF VENTER: Yeah. Prosecution Counsel, you realise that your cross-examination should be directed at . . I suppose from your side, trying to establish whether some documents are really relevant and necessary for The Accused to have in his possession at this stage? Okay. Do you wish to carry on?
PROSECUTION COUNSEL Ms KAREN BOSHOFF: Colonel, as The Accused hasn't seen the charge sheet that was faxed through to the defence counsel 20 perhaps, after consultation The Accused will assess the necessity of rollcall books for those charges.
JUDGE PIET RETIEF VENTER: Mm.
PROSECUTION COUNSEL Ms KAREN BOSHOFF: That's then the only question. Thank you, Judge.
JUDGE PIET RETIEF VENTER: Okay.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes. Thanks, Judge.
JUDGE PIET RETIEF VENTER: Yeah. Prosecution Counsel, you realise that your cross-examination should be directed at . . I suppose from your side, trying to establish whether some documents are really relevant and necessary for The Accused to have in his possession at this stage? Okay. Do you wish to carry on?
JUDGE PIET RETIEF VENTER: Mm.
JUDGE PIET RETIEF VENTER: Okay.
16) (Recording machine was switched off)
JUDGE PIET RETIEF VENTER: You said you wanted to ask a question?
GOODMAN MANYANYA PHIRI: Judge, it's also a complaint that I would like .register officially.
JUDGE PIET RETIEF VENTER: Ja?
GOODMAN MANYANYA PHIRI: I think the state is trying to dodge its responsibility here. The state has got pre-knowledge of the documents I need for the past year now through the access to Information Act, which, like 4 good soldier an order I followed through until it was rejected and the order was given that the court must arant me those documents, but the state is now trying to run away from that responsibility, which will prove the lies that have been put forward by the state witnesses against .me because of victimisation by changing the charge after a year it has been running. I think it is unfair but I will take it up in discussion with my defence counsel. Thank you.
JUDGE PIET RETIEF VENTER: Yeah. As the court has it, right up to you being asked to plead the prosecutor can apply for other charges to be brought against you or charges to be altered or charges to be deleted. Of course, the court will have to take into consideration that you might need time again to consult with your defence counsel and obtain witnesses et cetera
GOODMAN MANYANYA PHIRI: Thank you, Judge.
JUDGE PIET RETIEF VENTER: And that's how it works.
GOODMAN MANYANYA PHIRI: Thank you.
JUDGE PIET RETIEF VENTER: Okay. Any re-examination?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: I have no re-examination. Thank you.
JUDGE PIET RETIEF VENTER: The court will adjourn until 13:30. Is now and carry on with defence counsel 13:05 we will th=n and prosecution counsel addressing the court. Right. You can stand back.
(Court adjourns)JUDGE PIET RETIEF VENTER: You said you wanted to ask a question?
GOODMAN MANYANYA PHIRI: Judge, it's also a complaint that I would like .register officially.
JUDGE PIET RETIEF VENTER: Ja?
GOODMAN MANYANYA PHIRI: I think the state is trying to dodge its responsibility here. The state has got pre-knowledge of the documents I need for the past year now through the access to Information Act, which, like 4 good soldier an order I followed through until it was rejected and the order was given that the court must arant me those documents, but the state is now trying to run away from that responsibility, which will prove the lies that have been put forward by the state witnesses against .me because of victimisation by changing the charge after a year it has been running. I think it is unfair but I will take it up in discussion with my defence counsel. Thank you.
JUDGE PIET RETIEF VENTER: Yeah. As the court has it, right up to you being asked to plead the prosecutor can apply for other charges to be brought against you or charges to be altered or charges to be deleted. Of course, the court will have to take into consideration that you might need time again to consult with your defence counsel and obtain witnesses et cetera
GOODMAN MANYANYA PHIRI: Thank you, Judge.
JUDGE PIET RETIEF VENTER: And that's how it works.
GOODMAN MANYANYA PHIRI: Thank you.
JUDGE PIET RETIEF VENTER: Okay. Any re-examination?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: I have no re-examination. Thank you.
JUDGE PIET RETIEF VENTER: The court will adjourn until 13:30. Is now and carry on with defence counsel 13:05 we will th=n and prosecution counsel addressing the court. Right. You can stand back.
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| Jacob Zuma (Mr) and some unnamable character |
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