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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 EIGHT (8) 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.
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
1) MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Madam Prosecutor?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Good morning, Colonel.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Good morning, Sir.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you, you maybe seated behind the microphone.
WITNESS NUMBER 2 : 94725678PE : LIEUTENANT COLONEL ADLHOLANG RAYMOND LENTSOE (Hereinafter referred to as "LENTSOE'') GIVES EVIDENCE UNDER OATH
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you. Madam Prosecutor?
EXAMINATION IN CHIEF:
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Is it now?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: I'm currently employed at the South African Army Infantry Formation HQ.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At South African Army College, at the junior command and staff branch.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At some ... during that ... the period in question I was the course leader of the then basic course, and at some stage I was the acting chief instructor in the absenCe of the chief instructor who was then Colonel Johannes Hendrik Beyers Kleynhans. On completion of that I was then appointed as the senior DS.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Is that now Colonel Phiri?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yebo, I do.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yes
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Colonel Phiri was part of the course on which I was appointed as the course leader which started somewhere in 2000 and vvas completed, if I'm not mistaken. on 7 March 2001.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Junior Command and Staff Duties course, theory portion, or the theory phase of it.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That would be ... what date?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Earlier than that there was a- incident. ,of_ .racial disharmony in the course which. in my opinion, splitted
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: An incident of?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Racial disharmony.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Okay, thank you.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Which in my opinion split the course in two, now the "two" meaning whites and blacks, that during the absence of the then chief instructor, Colonel Johannes Hendrik Beyers Kleynhans. On his return, I'm not quite sure when but it was towards the last week of the then preceding week I informed him of what transpired during his absence and what my actions were, that I have consulted with the then acting commandant of the college, Colonel Eddie Drost then, and that there was an investigation underway. [Colonel Kleynhans] then, within his mandate, decided to address the course, I believe it will be that morning of the [6th February 2001] after which he opened no stage for questions and so on, and he left. Before I could leave the class because I was then the course leader, I informed the military students of what will then happen in that week in terms of confirmation of the weekly programme and so on, after which Colonel Phiri indicated to me that he would like to have an appointment with the chief instructor [Colonel Kleynhans], then I left to make the appointment for him, to prepare the file to formalise their appointment in terms of being completing the necessary documentation for office orders. In his request he indicated that he would appreciate it if the course chairperson called Mufassa that was a name like a beagle, but ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: sorry, I didn't quite hear, the course chaplain?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The course chairperson.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Oh! Chairperson?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Course committee chairperson.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Yes?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Who says it ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Mufassa. Mufassa is just like a beagle in the senior staff. He is ... we're not referring to him as "chairperson" but as "r.lufassa."
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: By the name of Major Matli which I indicated to Colonel Johannes Hendrik Beyers Kleynhans that the request of Colonel Phiri is to see you. nct quite sure of the contents, but he would appreciate it if the course chairperson. Mufassa, can be present which he consented to. Then I went back to the lecture. room and informed Colonel Phiri that it's okay, you can then come and see the chief instructor. Then ...
2) MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Sorry, could I just have the .... is course, students' chairperson, Major ... Lieutenant ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Matti.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Please refer to the people by their ranks and names if you don't mind.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: I will do so, Your Honour.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: He was at that time Major Matli there.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Yes?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Then myself, Colonel Phiri and Major Matli we left the classroom to the above ... or the first floor where I went to my office to fetch the file in which I indicated that number, rank, name being Lieutenant Colonel Goodman Manyanya Phiri, and appointment with the chief instructor Colonel Johannes Hendrik Beyers Kleynhans. I didn't write anything where there's a reason ... a space for reason for their appointment, and I handed that file in at the chief instructor, then he said "no, okay, let the two gentlemen then come in", I went back, opened the door and get them in. I saluted and I stood behind them, and he offered them the chairs then they sat down. And Colonel Johannes Hendrik Beyers Kleynhans indicated to Colonel Phiri that he's of .,. or he's made to understand that Colonel Phiri has something that he wants to discuss with him being the chief instructor and the floor was open, and Colonel Phiri indicated to Colonel Johannes Hendrik Beyers Kleynhans that he does ... he didn't like the manner in which he addressed them as military students of that particular course, and more so for not allowing them to put any questions in terms of what he said to them, and so on. Then at some stage Cc!onel Kleynhans said to Colonel Phiri he must not tell him how to do his work, and from that point ... I don't have the right word, but the conversation got out of hand. At some stage Color el Phiri stood up from his chair, withdrew his beret and leaned on the table and said to Colonel Johannes Hendrik Beyers Kleynhans fucking telling you, you are a racist and then ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: In the manner that you've just described?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Pardon, Sir?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: in the manner the-. you've now demonstrated to the court? Lent In the manner .which ... (unclear) ... and Colonel Phiri now ... (unclear) ... on the table. I was a few steps to the rear ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Right. For record purposes it's indicated that the witness demonstrated by standing up, removing .:..'or..-holding, a beret in his left hand, leaning with the hand on a desk and .
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That's right, Judge.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... using his right hand ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Colonel Johannes Hendrik Beyers Kleynhans was sitting on the other side.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... extending the four digits of the right-hand, excluding the thumb forward in a pointing gesture, leaning forward whilst expressing the words "...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: "I am fucking telling you that you are a racist."
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you. Is that a fair reflection of \vhat the witness demonstrated? Madam Prosecutor?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Colonel Simelane, you satisfied with that description of the demonstration?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: I don't understand the question.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: The witness now demonstrated to the court what he observed, the court then recorded the demonstration because the recording equipment cannot, of course, record the demonstration, it can only record verbal explanations. Are you satisfied that how the court recorded verbally what the witnesses demonstrated is a fair reflection of what the witness demonstrated?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, I don't see the record, but I've seen him demonstrate, I can say I've seen him tes... but I don't see ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Yes, you've seen him demonstrate, you've heard me place on record what I also saw the witness demonstrated?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes, what you're telling me you've placed on record, not what I say you placed on record.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: No, ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: That
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: we'l, the record. is what is beinz recorded on cassette not what I'm writing, this is my own persona! notes.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Okay. Judge.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Are you satisfied that what I have placed on tape here?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY:-- What is it that you placed on tape here? My instruction is that you repeat that to say vihat you put on tape.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: I've out on tape what I coserved the witness demonstrated, that is to say that he leant forward, he he his beret in his hand, - he pointed his right hand with fingers extended. Is that a fair reflection of what the witness demonstrated?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: If it's what you're telling me that is what you have recorded it's what I've seen as well.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you. Thank you very much. Just one moment 'before you continue. Yes? Please continue.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The argument of you can't address me that way and so on ensued, during which at some stage Colonel Johannes Hendrik Beyers Kleynhans said to Colonel Phiri "you are excused from my office", and Colonel Phiri left the office. Major Matli was still seated, I was still standing closer to the door and I opened the door. Then Colonel Johannes Hendrik Beyers Kleynhans called Colonel Phiri back and asked him whether he doesn't pay the necessary compliments by way of saluting him before he could leave, and Colonel Phiri did so and left. I withdrew myself from his office, now "his office" referring to Colonel Johannes Hendrik Beyers Kleynhans and left him with the course chairperson and went back to my office. I even left the fie on his desk because I was not quite sure what is it that I'm going to write in the: file as what transpired.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That's basically that, and durino the day, at some stage Colonel Johannes Hendrik Beyers Kleynhans called rre back and said to me what ... or requested me to record whatever I have seen so that he can uthise that to int cate his dissatisfaction about what transpired during his office orders where I brought Colonel Phiri to the commandant. So in my understand 7g he wrote a statement or a letter indicating his dissatisfaction to Colonel Eddie Drost which obviously will lead to the second office bearing, which was arranged for Colonel Phiri at Colonel Drost [a month later].
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: What clb you mean, in my oPinic- what happened?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: The witness' opinion is in fact irrelevant, the court will make its own finding whether the conduct constitutes behaviour such as complained of.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The incident in March, if I'm not mistaken It's supposed to have started somewhere on 5, 6 and 7 March, if my dates are correct?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Following the previous issue that I described of Colonel Johannes Hendrik Beyers Kleynhans he submitted his dissatisfaction and his request for the case to be resolved by the acting commandant, then Colonel Eddie Drost with Colonel Phiri attending [a month later]. I arranged once again the office bearing for Colonel Phiri with Colonel Eddie Drost and followed it up with the secretary upon which I was told that Colonel Eddie Drost was still briefing the ... or he was attending his communication period with the senior commander and staff course at the time. Then I went back to Colonel Phiri and indicated to him that once I have established a timing or a specific time when can we ... now "we" meaning myself and [Phiri], go and see Colonel Eddie Drost, obviously Colonel Johannes Hendrik Beyers Kleynhans would, as the complainant could have been in, I will let him know. At ... during that week we were preparing for the final stages of the course, being the certificate ceremony, so in fact from the Monday until the Thursday we were busy with clearing out of the military students, and preparing for the certificate ceremony.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Please do.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yebo, I'm correct to say from the ' to that Friday, is it the right dates?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: 5 March 2001 was a Monday ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The 6th was a Tuesday, the 7'h was the day on which we had to do the certificate ceremony, and the e the military students had their breakfast and departed, on the Friday we were rourr'ng off the ad-hinistration, r I'm not mistaken. But then on the 5' we went to Colonel Eddie Drost between ... or during the conversation Colonel Orost agreed with Colonel Phiri that- Colonel Phiri will 35 submit the document to indicate where was he during the feedback of somebody, or a document of some sort had to be handed in by Colonel Phiri to Colonel Eddie Drost. On Tuesday, or the 6th Colonel Eddie Drost phoned me again and asked me whether Colonel Phiri did hand in the document he was supposed to hand in, then I went back to Colonel Phiri and at some stage Sergeant ... (unclear) ... if I'm not mistaken, brought me an enveloped from Colonel Phiri to me for Colonel Eddie Drost ... addressed to Colonel Eddie Drost which I personally took to the office of Colonel Eddie Drost who was not present, and I left it with the secretary, or the admin clerk, if I'm not mistaken she's Mrs Cathy ... Cathy something at that stage.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That was, as I indicated in the earlier version, the feedback by the I... Army Inspector General on their findings regarding the racial disharmony. At that time, Maybe I failed to indicate that at some stage Colonel Phiri approached me to request the permission to go and mend his mess dress for the certificate ceremony, to which I consented.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The certificate ceremony ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: On the 7th we had ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: ... a dress rehearsal for the 8th.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At Wildebeest Mess which is ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: ... the Mess thic was used by the course.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At the Army College.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The Inspector General was giving feedback t: the course regarding their findings, because they conducted an investigation. :hey was utilised to call whoever they wanted.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: We as the instructors, or the directing staff had no control over what were they doing, how they were doing it, what criteria did they use to call whoever, so I was only the post-box of calling people they wanted, and ensuring that those who were finished goes back to the lecture room or wherever the bigger body of the students were.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Everybody was present.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: All the military students were present:
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Some of the instructors who were present and available at the college then, were requested to attend and ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: I attended half a way because I had to arrange for tea for the visitors, being General Steyr, and General Mashviala and ... (unclear) ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: No, Colonel Phiri was not there.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: As I indicated earlier on, I said at some stage requested me to go and mend his mess dress, so unfor... I reminded hlm of the 15:00 appointment for the feedback which unfortunately he couldn't make for some other reasons which he Maybe later explained.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yes.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That's correct.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Sorry, can you just repeat your cuestion?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Yes?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: On that day we, as I indicated we ... I was instructed to bring Colonel Phiri on the 6th which didn't work, or never materialised because of his absentia, and earlier on it's when he was-still present it could have worked out, but he went to mend his mess dress and the Colonel, "Colonel" being .Colonel Eddie Drost was still busy with his communication period at the senior command and staff. So I extended my time to try and make sure that I arrange a new alternative timing with Colonel Eddie Drost which obviously ended up with Colonel Eddie Drost saying to me "any time you can find Phiri, you can come to my office", that was the 7th. For ... the 7th was meant for a dress rehearsal and we continued, if I'm not mistaken we started around 11:45 ... (unclear) ... and so on, Colonel Phiri was still not available. Earlier on, or the previous day I phoned his cell phone, I got his cell number from somebody, I phoned his cell phone but couldn't establish his whereabouts because each time it went over to voicemail and I left a message that, "please, please, please, Manyanya, if you can happen to come this way, make sure that we meet for the appointment vi ith Colonel Eddie Drost."
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: So, on the 7th we went to ... at around past 12:00 or to 13:00 then Phiri arrived ... Colonel Phiri arrived, he came to me and reported that unfortunately he couldn't make it and so on, and I understood. Then I said "please don't go anywhere, I'm just going to confirm with. Colonel Eddie Drost, fetch the documents and then I will link up with you" and we ... (unclear) ... Then I went to Colonel Eddie Drost's office, I informed him Phiri is around he has reported and I would -like to handle off this case. Then or to which he consented. I went back myself and Colonel Phiri went to Colonel Eddie Drost's office. Colonel Phiri waited outside, I went in and that in the office orders fine and went back with the understanding that the Colonel will be settled and down. or seated down, then I went in to bring in Colonel Phiri. Colonel Phiri came in and Colonel Eddie Drost asked him of the document that he was supposed to have submitted, and about his whereabouts the previous day, and where were he and so -on. Then ..Colonel Phiri indicated to Colonel Eddie Drost that he will not alion himself to answer any questions up until the Colonel can allow him to meet or to call his lawyers in when he makes such submission. And then the two now Colonel Phiri . and Colonel Eddie Drost didn't get to a consensus of how to deal vilth this thing, and Colonel Eddie Drost at some stage said to Colonel Phiri he's excused from his office. PROSECUTION COUNSEL Ms PAKENDORF: Okay. I just want to stop you there, when Colonel Phiri came into the office, who was in the office?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At that time it was only Colonel Eddie Drost, the second session was to be myself and the third person was to be Colonel Phiri, because I went to hand in the file and went to call, as is the procedure, to call in Phiri.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The normal procedure is whoever is bringing the aggrieved person, or The Accused, or whatever we can call it, the other person on orders I will, in my case I will .. I have to arrange with the person who's going to conduct the orders, being now the senior person, in this case Colonel Eddie Drost, arrange a timing with him, get the facts what is it that he wants me to bring with, additional evidence, being it a progress report or whatever, depending on the merits of the case why is this person there, then once that date and time comes I will make sure that I'm ready with the documentation, vhatever is necessary at the senior person in charge, confirm with him, leave the documents with him then call in the person I've brought in on orders. We salute and he will say okay, either take a chair or right, stand at ease. I will close the door behind me and there to facili... to listen to what is being decided and thereafter once ... whatever the decision has been recorded. I will then take the file to ensure that that decision is executed or implemented or whatever the decision. And once the guy brought on order has saluted, went ba... out then I will take the file and follow him, that's how it's being conducted.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Very closely to what I have just described.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The only difference was Colone. Drost was standing as you are standing and as we entered Colonel Eddie Drost stanted . asking about the documents.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: And Colonel Phiri decided not to comply unless his to answer any questions except if you talk to my lawyer."
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yeah, it was verbal tug of war.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Then at some ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At some stage Colonel Eddie Drost tried to move around his table ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Could I ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: ... towards Phiri wherein I jumped between the two of them, and he excused then Colonel Phiri
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Could I ask you to return to your seat that we just have a clear recording of your evidence? Please describe what you did, at some stage?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At some stages Colonel Eddie Drost was moving from behind his desk ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Yes?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: ... and that is the desk, here's Pniri and I'm here, behind Phiri. So Colonel Eddie Drost is trying to go or what intending ... I'm not quite sure what was in his mind but he was moving from behind the desk towards the two of us. In my opinion, or in my observation as he was trembling and the two of them voices were rising, I thought no, somebody is going to hit somebody and I jumped in-between them to stop Colonel Eddie Drost from whatever intention he had, nr.tn silence. ColonelPhiri from whatever argument he had in mind.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: In my thinking it might be that Co:onel Phiri didn't honour their agreement of the document the previous time. In opinion it can be that co... he was of the opinion Maybe that Colonel Phiri is wasting his time because of failing to honour the appointment for the office orders to he handled off. I 30 can't really.pippoint what.exactly was in his mind.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: So can I not say why didn't Cfonel Phiri answer the question of the documents simply by saying Maybe "I care it to Raymond" or "it was handed in" or something else.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: I can't really determine, or accurately say why was he rea... saying he wants the lawyers and why was Drost saying ... or agitated, I can't really
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: In my understanding, and if my memory can help me, that was the document explaining the whereabouts of Colonel Phiri during the day of the feedback, if I ... I never opened the envelope.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: I took it as sealed as it ... as I received it directly to Colonel Eddie Drost.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: But now, in my understanding the document in ... that I'm currently referring to, is the document explaining his whereabouts for the 6th
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: As I've explained Colonel Eddie Drost ... or the two of them were arguing, their voices were rising, Colonel Eddie Drost was trembling and he was moving from behind his desk towards us, I'm not quite. sure whether I say towards Phiri or myself, and now, being the facilitator o: the supposed to have been office orders I stepped in-between to say to Colone Drost "let's handle this off" or to say to Phiri "no, Manyanya, relax, let's finish fhis thing' because now I'm handling en unresolved case of Kleynhans and now it's another unresolved case of Colonel Eddie Drost.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: And .
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: No,.my course administration will heverbe finished.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Because of this outstanding issue
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE:, The only role of my being ihvolved in the . two's argument, or the three's argument is simply because I was appointed the course leader.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Oh, he demanded to be saluted back.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Okay.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Or requested, "can't you salute me back?"-
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: What was the?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The tone of the voice?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: It was that of an angry man. Both were ... I ... I'm not quite sure how to describe ...
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: ... that situation.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yeah,
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: It was high.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yebo.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: As far as I can remember he kept on saying "you are excused."
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: And I stood there, not knowing, exactly the same situation as in the case ... in the Kleynhans case not knov.,:lna whether to take the bite or to follow Phiri, or to request Drost to write someth or what.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: I will be lying if I can say yes, or no'.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: I'm not quite clearly-sure what transpired.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That's correct.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: He didn't call himself a course leader, he was appointed as the course leader. Is that correct?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That's correct.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: The college routine started normally at 07:30 with either a prayer by, if .. the course has a Chaplain inside and the Chaplain or one member will conduct the roll call and so on until around 07:45, or 07:45 when the officer on duty amongst the military students will finalise all the outstanding arrangements regarding sick reports and so on, and then will communicate that to the course leader. I will then take that, consolidate it into a strength return for the HQ purposes' administration. During the day, or all requests to be absent somewhere elsewhere during the day will be communicated via this .. (unclear) ... point, the officer on duty, one of the military students, that will be communicated (1) to the course leader or directly to the exercise leader, the instructor currently directly involved with at qnerifirs exercising the students and the course ... the exercise leader will confirm with the course leader who will then inform the chief instructor of the whereabouts of all the OU1's.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: It's under normal circumstance it's anybody between the exercise leader and the the course leader, in this case, myself.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: the exercise leader (1) because he knows the complexity of his exe7cise. The course leader because he accounts for the Military Student at the chief instructor.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Okay, who thenaccounts to the commandant. In this specific instance there were ... or there was a student on duty but I had the overall control of the programme because that was the last week of the course, so any requests were either from the students on duty communicated directly to me because I was facilitating that exercise called "clearing out", as the course leader.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: To ensure that all that needs to be covered in the course report, or in the course closing admin is covered, all the books are returned, for example all other equipment that we borrowed, I return, for example, and that all military students are at a specific time for an appointment, or for whatever reason towards the certificate ceremony, or whatever activity has been decided on as was on the 7th the dress rehearsal that afternoon. So all those yes, you can go home, yes, you can do that, were my decisions with the authority vested in me by the chief instructor with the appointment.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Correct.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: When I went to the lecture room in the morninc. during... or just before, or just after the roll call Colonel Phiri was around.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: He was?
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: He was present. He indicated to me that he needs to make final touch-ups on his mess-dress, to which I said "no, no c-oblem" because my understanding was we either do that, or most of the office-s under instruction were mending their mess-dresses at Group 15 or in town, cr at the tailors of their choice so we agreed that he can do that. Than once, [established the time with Colonel Eddie Drost which he was not specific of. :he said "any time you can find Phiri'', which left me with a very wide variety of choices, any time you can see Phiri then you can come in. At that time, I think it was around 10:00 was looking for Phiri very silently, on my own, not really too loud, I couldn't raise him so I extended my time because I was given that leeway.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: At the ... at ... where they normally had their tea.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Wildebeest Mess.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yes.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: That's correct.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Then the day grew older and we went closer to the rehearsal times, if I'm not mistaken that was supposed to have been 11:45 into 12:00 and so on. Then Colonel Phiri arrived, if I'm not mistaken that was towards to 12:00 or past 12:00 and then he told me that he's around and I said "okay, sharp, Manyanya, we can then continue with to handle that outstanding issue off with Colonel Eddie Drost." I went to Colonel Eddie Drost, confirmed that I have ... Phiri is around, he's here then what time can I come, he said "any time from ..." Fortunately Colonel Phiri was just in-between the bloc.< of offices and the Wildebeest Mess, not very far from where we were doing tne dress rehearsal so he accompanied me to my office, took the file and then we '.vent to Colonel Eddie Drost.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Yeah, I'm sure.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Certainly.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Cross-examination.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Cross-examination? Well, for reasons stated earlier, j.:dge, we reserve our I have no questions to the witness.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Thank you, Colonel, you're excused, you May stand back, you May withdraw. Sorry, just before you go, pardon me. The assessors do not have any questions either. Thank you, Colonel, you are excused, you May withdraw.
STATE-WITNESS RAYMOND ATLHOLONG LENTSOE: Thank you.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: As was pointed out by the prosecution yesterday the third state witness will only be available between 8 and 26 March 2004, I consequently propose that we postpone this matter, I suppose that's what the prosecution would now be doing?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: So apart from accommodating the person so that he can have an unencumbered holiday there's no other pressing need why it must be on the 8th?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: All right. After so many months I think 1?: more days ..(unclear) ... that's not going to make the world of difference.
3) MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Neither am I, I'm already scheduled to appear in Lohatia and in Upington in that week, so that week is not available. The week after that. the week of the 22nd to the 26tn, is the prosecution available?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Colonel Simelane, are you availz.-tie that week of the 23'd ? Thank you, Madam Prosecutor, not the 22nd
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: The 23rd to the- 26th? --
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: That week, Judge, I'm not availaz-.e in ... I'll-be- dealing with a certain matter at the High Court ... (unclear) ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: At the High Court?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: In what capacity?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: No, not this one.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: No, in what capacity then?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... (unclear)
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Are you ... is that a High Court matter set down in which you are participating?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: And the week the 8th to the 12th?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: The clear week for me, Judge, to help you because I will be going on leave up to the 12th. The week starting from Monday the 15th to Friday the 19th I'm available the whole of that week.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: That whole week I'm already scheduled with cases in Upington and in ... at the combat training centre. That has ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: The whole ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... already been set with an attorney as well.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... (unclear) ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: The week of the 8th to the 12th I suppose the prosecution, you will be available?
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Could I implore the defence to reconsider your leave period if only then for ... well, I do not know what the defence's case is consisting of but for one witness ... one state witness at least then that should not take us much more than a day at which time we can then, in orde7 to accommodate you in your leave, then consider postponing the matter until a final date to have the matter dealt with, but we've got only that v.iindow period between the 8th and the 26th for the evidence of this witness and if you're not avalIable that week of the 22nd. I'm not available the of the 15th, can we accommodate each other and meet somewhere in the week of the 8th?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: It's difficult to see now ... why the .._1dge is penalising the ;0 defence when everybody is available. doing a matter at the Hi... at the Labour Court..that kind of period and I'm dealing with matters relating thereto., specifically if leave taken, I'm not on holiday in the usual sense although I have (unclear) within the department and the ... I have to deal with certain matters, it's .a whole complex issue and I requested that leave to deal with those issues and it would cause- me to be in Johannesburg or most of the time, attending to the records of the High Court, consulting with counsel in that Labour Court matter, instructing it, meeting with attorneys, there are a whole lot of complex issues, but my indication when I requested this leave so short of calling it by another name, I just took it from my vacation leave, but I indicated in my form if my form is drawn for that leave which has already been approved, is that I will be dealing with those Labour Court issues ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: All right, let me ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... and related issues.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: I fully appreciate that it causes some difficulty. MY question is, however, the week of the 22nd you have a High Court application, or a High Court matter that has been set down, it's not just preparation for, is that the case, as I understood you?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes ja, that is ... no ... yeah, that matter is set down but we ... why I was requesting a week because if it overlaps then it creates other problems because it's a ... you know, I don't know hoN it will go, so I then thought to be on the safe side of things ... you know. its set down ... it's set down by the 23`d, it's set down it also involves the state, Department of Defence and the ... it might ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: All right. I'm not adverse to ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: ... (unclear) ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... to hearing the witness after hays.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Oh! That would suit me.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yes.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yeah, any other time will do.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: In Which event the week of the 22'd, or rather then the 23rd to the 26th will be. a better arrangement simply by vii .._.e of the fact that I've also then_ asked, if at all, to accommodate my directorate in being available that week in Pretoria for another matter, so that is depending on this:matter whether I'm available for that week as well, so could we arrange then for the evening cf 23 March, would that suit you?
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yeah, that's the evening ... so any day of that week and its convenient to the court, it won't trouble me.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: Would 18:00 ...
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Yeah.
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... suit everybody? Right, ...
MICHAEL ALBERTUS VENTER, SENIOR MILITARY JUDGE: ... let me first hear from my assessors. Then the matter is set down, we will hear the last state witness on 23 March, 18:00, Court "C". You will make those arrangements for also the court to be available, Madam Prosecutor?
SMITH: Thank you. The matter will stand down. Colonel Phiri, thank you, you've heard the date to which the matter is postponed and the time, please be present. Thank you, you May withdraw, you're excused.
GOODMAN MANYANYA PHIRI: Thank you, Judge.
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE SC,MILITARY: Thank you, Judge.
(CASE IS POSTPONED UNTIL 23 March 2004)
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| Jacob Zuma (Mr) and some unnamable character |
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