Your Excellency Zuma
There is an affidavit, sub judicae, I presume, under consideration for a judge sitting in an urgent matter launched by the Minister of Defence against Blogger.
I have read the affidavit and I could easily punch it chockfull of holes if I knew how to represent myself in the High Court rather using lawyers. I know when I will have the real chance to revenge for those untruths in the affidavit deposed for on behalf of the Minister of Defence and Veterans Affairs, Honourable Lindiwe Nonceba Sisulu.
My time for revenge will be when Lieutenant General Temba Templeton Matanzima and his team of lawyers, as reflected in annexes to the affidavits, charges me for my blogging as he promised me when he suspended me indefinitely at military-police gunpoint on Thursday 31 March 2011. I will have my full-fledged revenge then, for I act better when I defend myself.
For now I will just pretend if I were allowed to oppose the Minister of Defence (something which two teams of lawyers, essentially coerced me not to do, opting for an out-of-court settlement instead, not to blog anymore for as long as the SANDF does also not take that as an admission of guilt on my part.)
j1. I am asking of this court to condone my tackling of this and related points of unlawfulness even before I come to the background to the matter in front of this court. In other words, I am opposing the form of this application (and related matters); and on that issue alone, it should, as per my humble prayer be rejected, the reasoning being that the form of the application, together with her Founding Affidavit and all yet another vehicle in the hands of the Applicant driving to off-load yet onother pile of injustice onto the 10-year-old lot of the Respondent who dared to blow the whistle on the aforesaid corruption in the Applicant’s Department condoned particularly for the Applicant’s group of people, officers who, like the Applicant, either speak IsiXhosa language, or come from the Eastern Cape or are in particular members of her ABATHEMBU ETHNIC GROUP where our Honourble senior citizen Nelson Mandela and the Applicant come from.
2. I am Goodman Manyanya Phiri, the respondent in this matter, but also a BLACK male aged 50 with a Swazi ethnic maternal link and a Malawian paternal link. I am also a public servant to the people of South Africa, currently ranked lieutenant- (“deputy”) colonel (for the SANDF), and thus a member of the senior part in the officer corps. Furthermore, I am also a member of the proud and well-respected Intelligence (“information”) Corps. I will come to that last point when I found the background to this deposition, with the deigning of this Honourable Court.
3. I reside at *********, Number ****** **** *****, ******, Centurion, officially (and stress “officially”). A sectional title to this property belongs to one SANDF WHITE female since 1998 co-employed with me, she is also my friend, law-abiding Lieutenant Colonel Elizabeth Johanna Flynn. Her surname derives from her former marriage but she is a daughter (54) of a well-respected North-West Province ETHNIC AFRIKAANER farmer, Mr Daniel Koegelenberg. I will come back to this point with the permission of the Honorouble court. This may become necessary when the Applicant will want to dispute the veracity of my locus standi, particularly my official residence. This is particulary true where the Applicant tries to justify the string of harassment the Applicant has subjected me to for the past three solid weeks in preparation for approaching this Honourable court at an unfairly-acquired advantage.
4. For what it is worth, living with me (togethr with 6-month old daughter and RSA Citizen Tamara Sibusisiwe Phiri) is female Happy Hlob’sile Tsabedze (21). She is a citizen of the Kingdom of Swaziland, His Majesty King Mswati’s subject who came to live with me soon after our September-2010 marriage, my first marriage, speaking officially. I may have to revisit this point of “official marriage” later in this affidavit or verbal deposition through my counsel.
5. The points deposed to by the Applicant I am thoroughly familiar with them. What I am thoroughly unfamiliar with is the manner in which the Applicant reasons the “urgency” of the matter, to which I will return.
6. I am unfamiliar with the level at which the Applicant (the highest civil servant for the Department of Defence and Veterans Affairs) has plummeted to misrepresent the facts in order to conceal high-level corruption well-known to her in regard to the 2001 promotion-through-sex of at least one Major Winnie Ntombizodwa Bobelo-Zini who later became a brigadier general through that sex favour, a point I may have to dilate on if the Honourale Court kindly deigns.
7. I am unfamilar, outside of sheer malice, with the way the Applicant has served me the notice of motion, a point I may have to return to when and if dileting and expatiating on the abovementioned “official residence”.
8. I am furthermore unfamiliar with the level of sheer unlawfulness with which the Applicant has gone about with her Application. Further ado I will eschew and go straight to the meat of this point even before the background to this matter and arguments which is much less problematic than the aforesaid form of this application.
IN LIMINE, Judge
9. There is no founding affidavit by the Applicant, definitely not a lawful one, for the following reasons.
a. The purported founding affidavit by a certain Martha Margaritha Visser (“Visser”) is in contravention of Section 81 of the Defence Act 2002 (Act No. 42 of 2002)(Defence Act). Visser, aforementioned, is neither a Secretary for Defence nor the Chief of the SANDF as required by the Defence Act; and
b. The purported founding affidavit by the Visser aforementioned dated 25 March 2011hh does not state as required by the Commissioner of Oaths Act and the relevant regulations as amended the capacity or position held by the Vincent Risenga Nkuna mentioned therein as the basis upon which he claims to be a Commissioner of Oaths. In the premises the founding affidavit in issue has not been properly attested and is invalid.
10. I object to this matter being proceeded with to completion because I require legal representation at state expense in terms of Section 60 of the Defence Act and to which I am entitled to. I want to be able to fully instruct my instructing attorney of reccord herein and to brief Counsel as well before this matter can he proceeded with to completion. I request therefore that this matter be postponed sine die... and only be reinstated when my application for legal representation at state expense has been finalized.
11. The Applicant’s complaint for which she wants me to be interdicted relates to the corruption I have exposed through the internet as taking place in the SANDF. I have exposed this corruption bona fide and in my firm belief as a law-abiding citizen of South Africa that I must expose corruption and wrong doing taking place in a public instituion like the SANDF and which I am proud to serve. I 06 February 2001 I as an individual formally blew the whistle on the Winne-Bobelo-Zini-and-Raymond-Letsoe sex-for-promotion corruption. This was on 06 February 2001 and in the presence of 80 other students many of whom had similarly in vain raised the alarm of College sex-for-promotion done by a woman who intimidated all and sundry by a purported cousinship with former President Nelson Mandela and current Acting Chief SANDF, Lieutenant General Temba Templeton Matanzima who is supposed to have all down the years of her initial sex-for-promotion curruption been using his immense power to protect “his cousin” Bobelo-Zini. In that expose of mine, which was done in the presence of senior officers in command of the South African Army College as well as those of the Army Headquarters itself, I later was to file a redress of wrongs when they denied me full-blown whistle on the corruption.
12. This was through Brigadier General Deon Steyn whose subordinated, Colonel dward Frans Drost a then Acting Commandant of the South African Army Colonel who had assaulted me when I on 07 March 2001 had refused to sign an “admission of guilt” to him that I had called one subordinate of his (Colonel Johan Hendrik Beyers Kleynhans) “a racist” and similarly-alleged insults, which is something I’ve always flatly denied. But that is another court’s matter.
13. The grievance was also through Chief of the South African Army then Lieutenant General Lebeko Ramano for the reason that his Inspector General then Brigadier General Enock Muiseng Mashoala who was at the then corruptly-administered South African Army College from 06 February to 06 March to investigate the anomalies, denied me both his audience and the report that he produced thereafter, despite the fact that I was falsely accused of [having started the racial conflict of the college and having to end it with the charges that the Applicant has attached somewhere to support her current application] ...[(to the reader of this post, Blogger's elucidation on the Mashoala character, please check the yellow highlight to be found here)]....
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| 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 rampat Nguni corruption at state expense! |
14. In that grievance (also called “Redress of Wrongs”) I requested in terms of Item 134(3) of the First Schedule of the Military Discipline Code (MDC) that the same be referred to the State President as Commander In Chief in terms of Section 202 of the Constitution for his final decision. The State President (Appendices)is accordinly seized of my said redress of wrongs in terms of Section 202 of the Constitution. It is therefore improper and unlawful for the Applicant to seek the assistance of the Honourable Court whilsst the State President is seized of my redress of wrongs as hereinbefore outline. As an olive branch, I also hereby undertake not to make any further postings or publication for which the Applicant is complaining about until such time that the State President as Commander in Chief has made a final determination of my redress of wrongs in terms of Section 202 of the Constitution.
BACKGROUND TO THIS CASE
The Character of the Respondent
15. I was born 50 years ago in the extended family of my maternal grandmother, Swazi Princess Eleanor Mafede Dlamini, a second cousin to Swazi Queenmother Labotsibeni one of the two main founding families to the 1912 founding of the currently-ruling African National Congress.
16. I was brought up in principles both of family and politics, therefore, of strict oneness of peoples irrespective of tribal differences that were encouraged during my growing up by the Apartheid goverment. I was taught in early childhood. I was taught in those tender years to fight both white racism and black inter-tribal conflict and all forms of unfair discrimination.
17. When I was 15 (in 1976) and while still schooling, I was conscripted into the underground army of the ANC’s sister organization, the Pan Africanist Congress of Azania. This was no sign of inimism with my mother organization, the ANC; since we were taught as young members of the extended family that the PAC was no enemy of the ANC and besides, the vast majority of members of the extended family, including my third cousin (once removed) now-Father Smangaliso Mkhatshwa, were either sympathisers of the ANC, if not full-fledged members like my maternal great-grandfather, Prince Sigeyeza Dlamini a great grandson of the founder of the Swazi Nation as we know it today, King Sobhuza I.
18. I must confess that in all my experiences in South Africa, as an individual I never experienced issues of black-on-black racism since wherever I went to school for example, there would be Xhosa-spekers, Pedi-, Sotho- and all the ethnicities of this land. But never were there some feelings that some members of certain tribes there were pretending to be better beings than other. Our problem was white racism.
19. When I was 22 (1983), circumstances of the anti-apartheid armed struggle forced me to leave the country. I ended up in Swaziland and later, Mozambique where I was received by current State President His Excellency Jacob Gedleyihlekisa Zuma.
20. He sent me to Angola for further military training within the ANC’s military wing, Umkhonto Wesizwe, seeing that back at home I had simply trained with the basic usage of a fire-arm, at the hands of APLA.
21. No sooner did I arrive in Angola than I got the first shock of my life to find Eastern Cape tribalism not only thrived, but was fomented by some commanders of the organization, from the Eastern Cape.
22. I got disgruntled by the regional leadership and opted to leave for Tanzania when the opportunity was availed by then Umkhonto WeSizwe Army Commissar, the since-assassinated Chris Hani. I was hoping that the ANC leadership in Tanzania would be devoid of Eastern-Cape regionalism and tribalism just as the founding fathers of our great liberation organization (the ANC), some of whom are my blood relatives like the Seme and the Dlamini Houses.
23. I was in Tanzania particularly disturbed by the crass tribalism of then ANC Chief Representative, the since-late Mr Stanley Mabizela. On an occasion some group of Xhosa-speaking and ex-Eastern Cape security hoodlums had systematically been found to systematically rape female recruits who had come from KwaZulu Natal. So, some senior comrades like now-Durban-based Comrade Cecil Nduli and now Sebokeng-based “Maboafela” Thabethe (together with me) brought the cries of the young maidens to the office Mabizela who responded with counter-accusations that [the three of us were scandalizing some individuals] and sowing seeds of tribal division in an ANC [that did not have such a probem at all], according to him.
24. Nduli, a diabetic, together with Maboafela were [fired from the ANC on the spot].
25. Mabizela, an Eastern-Cape-born individual who had a Swazi-sounding surname that helped him to work closely with my third cousin once removed (King Sobhuza II) during his term of leadership in the kingdom when a contingent of the ANC (together with the Applicant) had sought refuge with a pro-ANC kingdom.
26. Remarkably, Mabizela who acted the part of an real ethnic Swazi accommodative of all other ethnic groups while he was still in Swaziland, graduated to Tanzania only to shield hoodlums and rapists only because they originated in his own region. The true colours of him came out.
27. All in all, I then decided to pack my bags in disgust, and head back to my original PAC organization whose membership I had in anyway not relinquished since even the PAC had known that through blood-links and grooming I am an ANC child and going back to the ANC never created hard feelings.
28. In was received back to the PAC with a lot of enthusiasm, although they did ask why now I was leaving the ANC. I responded: “Xhosa tribalism”. By that time I was still labouring under the false notion that “Xhosa” referred to a homologous grouping that, in the case of the then ongoing tribalism in the camps, “was united in that nefarious purpose”.
29. I have since done serious research on that “Xhosa” grouping. They are neither homologous; nor are they united in the acts of tribalism. In fact Xhosa people are not at all involved with tribalism. It is members of an distinct ethnic group called “AbaThembu” that was and still is involved in the orchestrated tribalism. The “Xhosa” element comes in only because Abathembu (the ethnic group of the Applicant, of His Excellency Mandela, of SANDF Acting Chief Lieutenant General Temba Templeton Matanzima, and and also of Bobelo-Zini, the corrupt woman brigadier general who is being protected by the Applicant by means of vexatious charges againt me).
30. Xhosas deserve in advance their apology from me if my confusion should hurt them. It is in fact members of the Xhosa-speaking Thembu ethnicity that I have since discovered are behind this corruption that started in exile and continues today under the stewardship of people like the Applicant. AbaThembu may speak IsiXhosa, but that makes them no more ethnically Xhosa that a black child in South whose parents speak to him only in English from birth making him a European child.
31. I will return to my stay with the PAC around 1987 in Dar es-Salaam where the leadership was in the hands of Mr Johnson Mlambo, an ethnic Swazi or the cousin-ethnic-group, a Tsonga.
32. I never experienced one incident of any Eastern-Cape tribalism because whenever it reared its ugly head (and it did), commanders of APLA who were from the Eastern Cape (an example in which the Applicant is dismally failing) were the first to stamp it out.
33. Now I know they were only pretending and trying to impress Mlambo that they were nationalists rather than tribalists. No sooner than the leadership fall later into the hands of Clarence Makwetu, an apparent Thembu and some distant cousin of His Excellency Nelson Mandela, than they started left and right to victimize me for having stated that the ANC’s ex-Eastern Cape Stanely Mabizela had practised tribalism.
34. Whereas I was married with my first wife, Tanzanian Leonilde Mattiah Makafu who, like me, had been granted permission as a married wife to Phiri to repatritate with the said Phiri, Clarence Makwetu’s vengeful operatives (Monezi Gcilitshe and Benson Mandindi in particular, and both Xhosa-speaking) deliberately ordered me in 1994 to take [a different plane home from that which my wife and our two children, Thoko and Maziri Phiri, then still unborn, were going to take].
35. When I alighted in then Jan Smuts International the evening of of 5 April 1994, back in Tanzania, Xhosa-speaking Monezi Gcilitshe and Benson Mandindi were tearing my wife’s Repatriation documents telling her [Phiri is a madman not worthy to be followed a woman worth her salt]. They gave her money to return to her countryside only where she is today together with my two children.
36. While I was back in South Africa, the entire Thembu group and their friends in both the ANC and the PAC, organizations that do not support tribalism, still succeeded to suppress me from any gainful activity in the country. I couldn’t integrate then with the SANDF because of that exact reason. I, tried, as a trained and highly-practised radio journalist to seek employment with the SABC, but the brother to the Applicant, Mr Zwelakhe Sisulu (the Group Chief Executive), personally elbowed me out despite several acknowledged letters to his regarding the tribalism where all my colleagues (ANC and PAC) from radio work in Dar es-Salaam most of them far junior, were getting employed without question just as long as they, like Zwelakhe Sisulu, spoke Xhosa. Coming to mind now is a friend of mine, Xhosa-speaking Mrs Nomthandazo Taukubong who is still at the SABC today.
37. I slowly turned into a hobo of Soweto and when the TRC was initiated, I laid a complaint about the entire tribal treatment I was receiving because of blowing the anti-tribe whistle and the TRC’s Interim Report had my name in it as a human rights abuse victim.
38. I was later told that in the President’s office there are some funds to give relief to human-right victims like me and my Tanzanian wife but everytime I inquired about such during the tenures of Nelson Mandela and Thabo Mbeki (both Xhosa-speakers of the Eastern Cape, an ethnic Thembu and an ethnic Mfengu, respectively), I would be chased out of the fund offices with contempt.
39. Since the arrival on the scene of President Jacob Zuma who is Zulu-speaking and hails from KwaZulu-Natal, I have developed fresh hope that my relief will come and I can have my Tanzanian born wife and our two children back to South Africa where they belong.
40. I have also kindled hope that vexatious accusations and acts of victimization at the hands of the office of the Applicant can come to a stop with the assistance of President Zuma. After all, it is the President’s duty to protect a fellow South African who is subjected to unfair discrimination.
41. The president’s office, as indicated earlier, has acknowledged receipt of my letter and I am convinced is seized with the matter. The only problem now is that the Applicant and her fellow Thembu tribespeople are apparently abusing their own closeness to the President to think that they continue to victimize with vexatious charges even while the President’s office has said they are looking into the litany of acts of victimization i have been suffering for the past 20 years and more because of my fight against Thembu tribalism.
THE STEM OF THE APPLICANT’S COMPLAINTS
42. It goes without saying that at the long last I did integrate with the SANDF. It was in 1998 when two Xhosa-speaking comrades came to my rescue, namely Brigadier General Mbulelo Raymond Fihla and Lieutenant Colonel Junior Ntabeni. The two will probably be viewed as enemies by the tribalists, but they acted like true South Africans and they rebuild my faith in believing that the majority of the people of the Eastern Cape are not regionalists or tribalists, even though the problem of Thembu tribalism is seriously problematic in South Africa’s public sector, partiuclarly in the Applicant’s Department of Defence.
43. No sooner was I in the SANDF than I was sent to work directly under present-day Lieutenant General Mgwebi who on first sight and in an unsolicited manner preached to me that [he was neither a Xhosa tribalist nor a black racist]. In retrospect, I think he had been primed beforehand about my passionate dislike of all forms of racism whether black or white. He must also have been primed about my trenchat fight with Thembu tribalism as from the days of exile.
44. No sooner had he told about his philosophy, he moved to charged me the following day for sexual harassment against a white female officer. I was shocked why General Mgwebi moved so fast towards charging me without doing even a Board of Inquiry.
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| Derrick Mbuyiselo Mgwebi |
45. I was saved from Mgwebi’s gallows by means of the quick thinking of that white African, my immediate supervisor and Senior Intelligence Staff Officer, Colonel Theunis Kotze. This is where I discovered the robustness of heart in ethnic Afrikaaner members of the SANDF. It is just sad that they seem to be now roundly targeted by the Thembu tribalists of the SANDF for that very robustness of heart.
46. It was also during that stay with the said Mgwebi’s unit in Nelspruit that I first met my current friend, the abovementioned Lieutenant Colonel Elizabeth Flynn.
47. She got a post in 2000 to work in Pretoria; and the same happened to me who was being borrowed from the Army Division (with its own intelligence coplement to which I belong) by the Intelligence Division whose client is not just the Army commanders, but also Navy, Airforce, Health Services and even the Presidency.
48. My CV had attracted the attention of one ethnic Afriaaner Colonel Jacobus Sadie who thought I would make a good strategic collector of information for his Defence Intelligence and I never disappointed as I assembled the teams that successfully caught a group of former guerillas and now hired guns who were killing commuters and drivers a particular bus company in the Cape Peninsula around the years 2000-2001.
49. My success there apparently attracted the attention of then Chief of Defence Intelligence, Eastern-Cape born Lieutenant General Moredi Motau, a man I had known from my days back in Tanzania with the ANC. He called me to his house in the presence of my lieutenant to make me assist with identifying members of the SANDF who were either sympathisers or participants of the Boeremag terrorist organization. By giving me the post of Senior Staff officer under the direct command of ethnic Afrikaaner Brigadier General Etienne Thomas Fourie, Motau also billed me for promotion due 03 March 2001 from the rank of lieutenant colonel (“deputy colonel”) to that of (“full”) colonel.
50. I subsequently went ahead to supply intelligence directly to the said Motau via his then counter-intelligence chief, Brigadier General Simon Machache who clearly committed a great blunder in relation to the Boeremag operation.
51. One of the most telling signs that South Africa was going to be attacked landed on my hands from sympathetic ethnic Afrikaanders and I gave that information, printed plans, to the said Machache around August 2002.Around December of the same year, the Boeremag militarily and fatally greeted South Africa with bombs at a mosque and a bridge, amongs others.
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| Moreti Johannes Motau (with bared teeth) born Tuesday, 10 March 1953 |
52. While this was happening, I myself ended in a serious mini-war at work with my supervisor (the said Fourie) who had all along accused me of exaggerating the Boeremag threat, even going to the extent of calling me [a black brother of the Boeremag who was only overeager to make them look bigger than they really were]. As the bombs went flying, I got now another criticism, being accused by my sources that I had deliberately hidden from the state vital information (through those documentary interceptions I had received and further handed to Machache) which could have saved what life was subsequently lost during the bombings.
53. Everybody was looking for somebody to blame as how these attacks had caught Defence Intelligence with their pants down. I started to fear that I could easily become the fall guy. So I wrote a letter to Motau to complain about what I’d thought was the unprofessional nature with which Machache had handled the vital source of information given him by me from my sources.
54. Motau did not answer. Yet by that time there was still an outstanding letter of grievance owed the office of President Mbeki, stemming from 2001 Army College Sex For Promotion and the victimzation I was still suffering through false charges that were aimed at silencing my whistle-blwing on the apparently prevalent form of corruption.
55. In that letter (copies to Motau and many other senior of the Department) I accordingly also mentioned the issue of bungles Motau’s Machache and Fourie had made themselves guilty of in the Boeremag saga.
56. Most surprisingly, the Applicant or one of those senior subordinates of hers, took my letter to the media where it was published in bodl letters. The one-sided media reports also mentioned that the Applicant was going to charge me for ‘take a secret state document to the mass media’. The reports went further to go into lurid detail on the allegations laid against me a year earlier at the South African Army College where I had been falsely charged in order to protect ethnic-Thembu Mandela-Matanzima mutual cousin, Bobelo-Zini’s promotion through sex. The negative publicity I received was so bad that I wrote a grievance to the office of Chief of the SANDF to complain. The Chief said it was “a matter between me and the media”.
57. That is the time, then, Honourable Judge, that I started to consider opening a blog to address the Head of State with updates to the unfair way I am being habitually treated by Eastern-Cape-born black senior individuals of the department together with a few, but a very few compromised whites like Colonel Johan Hendrik Kleynhans whom I will come back to in some detail later in my deposition
58. Suffice it to say that neither did Motau bother come out into the open as to how help should be advanced to a Phiri that he himself had brought into the matter of Boeremag investigation;
59. nor did he investigate, find out, and prosecute whoever took a copy of my letter to media when it was meant for the eyes of Presidnet Mbeki and a few senior people of the Department.
60. In fact, Motau, very much unlawfully and through the voice of Major General Leon Croucamp, verbally fired his new Senior Staff Officer Phiri without even one shred of paper to this day. I was in a minute ordered to pack my military bags and report back to my mother intelligence unit of the Army Division.
61. Now a senior staff officer post is never served by a lieutenant colonel except if he is due for promotion like I was as I had been with effect 03 March 2001.
62. When I arrived back at the unit I found Eastern-Cape born Brigadier General Alfred Mlandeli Kula very inimical towards me. He forced post on me much junior to that of a senior staff officer as I had occupied at the Intelligence Division. I refused to take that obviously unlawful order. Judge, it was unlawful in the sense that there had first to be a written report (which even to this day when I was long supposed to have been a major general) I still don’t have TO EXPLAIN JUST WHY MOTAU HAD FIRED ME.
62.
63. This impasse is what has caused me to be thrown into an Army Intelligence storeroom for an office the size of a prison cell for nine solid years without one decent chair or decent table deserving a senior officer like me, not to mention a computer. This is the office from which the Applicant evicted me on Thursday, thankfully told to pack out everything for home and never to set foot in any Defence Force facility again until Applicant’s fellow-ethnic-Thembu Lieutenant General Matanzima deems it fit to Respondent. But I am surely jumping ahead now too early;
64. for at some stage the Army had reached the decision that Brigadier General who was so inimical to the respondent for obvious Eastern-Cape-regionalistic reason, had had, for their own reasons, ovestayed his mandate the General Officer Commanding Army Intelligence Formation.
65. They replaced him with ethnic Zulu/Swazi Brigadier General Job Daniel Magasela, an apparent sufferer to a combined pathological onslaught of diabetes mellitus and Alzheimer’s Disease.
66. He and his new chief of Staff, ethnnic Afrikaaner Colonel Niewoudt did not last long. The 26th March 2011 was the eve to his funeral when a brand-new Eastern-Cape born Brigadier General Norman Yengeni irregularly informed me in the presence of an Army Chaplain Tlhoriso Bathobakae that his fellow-Eastern-Caper Lieutenant General Temba Templeton Matanzima was sending for my audience only and the audience of Yengeni [a strange and unnamed whiteman with his signature to end the charges meted against respondent back in 2001 when victimization charges were meted against Phir for exposing Matanzima’s cousin, sex-for-promotion Brigadier General Bobelo-Zini].
67. Why was the whiteman “unknown” he could not tell.
68. Why we had to negotiate in nis office rather than either the court or the legal office, he could not tell me
69. Why not involve my lawyers, he could not tell me, he said
70. I got worried about this for several reasons,
a. firstly being that at no stage had requested or “instructed” my supervisory officer Yengeni to play my counsel or advisor in my matter. He had become privy to my matter simply because it is good manners to inform your supervisor about your matter so that should it get so large as to disrupt your reporting to work at least he or she should understand. Previously I had warned him to stop negotiating with potential state witness in my matter, like Winnie Bobelo-Zini on my behalf, for in law it could be interpreted as an intimidation of witness. Yengeni would not listen!
b. Secondly and more ominiously, as an officer whose name was put on the papers by the Applicant back in 2002 as an “anti-Boeremag” intelligence officer, who knows if the whiteman would turn out to be an enemy who would pull out a firearm and shoot me right in front of Yengeni? What if Matanzima and Yengeni himself had planned such an execution of me seeing my anti-corruption pronouncements put their pro-Eastern-Cape tribal sister at risk of losing her job if it were to be established that indeed she self-prostituted in order to rise from majorship to her current brigadier-generalship.
71. I walked out of Yengeni office indecisive but panic-stricken. I decided to drive to my military defence counsel, one Lieutenant Colonel Modula to inquire if he knew about this “Matanzima out of court settlement proposal”. He said negative.
72. It at that stage that I decided to lay a charge of intimidation against Yengeni.
73. The military police down Dequar Road took my complain seriously but a small bird informed it was “not only futile to lay a charge against a general, but it was also dangerous”. Was I ready to reconsider? I replied negative. Then they reportedly processed the charge the following day, Friday, in my presence with a Sergeant Major Mashego “Cosmo” whom I’ve known since my days of exile. I also got assurance from “Cosmo” I would at the touch of a dial get at least one military policeman to be with me when the strange whiteman talks to me in the presence of Yengeni.
74. I proceeded at 11 to my unit and work of place where a big function was in full swing under the address of Brigader General Yengeni. At the end of the function the Brigadier General called me from the presence of several colleagues including Lieutenant Colonel Kabasia. The general wanted to speak to me. On arrival to his presence he announced the “visitor” who had said at three for our meeting was apparently going to be a no-show! Did I give him permission to postpone when he maybe much belatedly phones? He was of the view now as Phiri had been on Friday that maybe he should also be told let’s best meet at Thaba-Tshwane Military Legal Office, and not at his (Yengeni’s) office where not even my military defence counsel Modula was going to be allowed.
75. I said to the general I can’t agree with him more but I was surprised why he had to ask for my persion for that. He hadn’t asked my permission to go discuss my 2001 charges with anyone, not even Lieutenant General Matanzima.
76. I also used the opportunity to be upfront with him that I laid a charge of intimidation, against him, based on his unsolicited audience with people who want to settle with me. I stressed that my aim was not to see my general in trouble or any distress, but my aim was to drive the message home that he must stay hands-off my case. I was going to withdraw the charges, I said, once the message had finally sunk in.
77. There was no response. So I saluted him and left for my well-deserved weekend and the rest.
78. Over that weekend (26-27 March 2011) I picked up anomalies with the way Judge Tuchten and his team (I will come to the raison de tre of his Full Bench on later paragraphs) arrived at their conclusion that went in favour of the Applicant at my expense. I considered sitting down and seeking legal notice because it now look to me very strange that one Judge Claasen who finds a matter in favour of me against the Applicant in 2004, does not get appealed against on the part of the Applicant. Rather, the applicant goes around 2006 to open a new Notice of Motion with another judge (Acting Judge Sithole) in order to “to appeal Juge Claasen”! How could one individual Judge be expected to go into the mind of another individual judge on the same matter? Was it not a miscarriage of justice that this was allowed by the High Court? If it was a miscarriage of justice, why did Tuchten (looking at the Applicant’s appeal against Acting Judge Sithole) not pick it up and with his full bench and subsequently correct the miscarriage rather than arbitrarily finding and against me? To I have enough grounds to appeal against Tuchten and his full bench?
79. On the following Monday I decided I am still too seized with those questions to be at work where Yengeni was intimidating me with suspicious strangers who were going to visit me ‘with a signed a message from Acting Chief of the SANDF, Matanzima signed sealed and delivered to Phiri’. So I decided to take leave for that Monday through Wednesday.
80. I went with that leave application to Brigadier General Yengeni to sign which he did without qualm. I then asked him what happened with the arrangement of going to a military legal office to sign whateve Matanzima out-of-court settlement?
81. He went into a verbal tantrum, misrepresenting me, that “well I told them that Phiri is not interested in any out-of-court settlement”
82. I saluted my general without much ado and left for my three-day leave.
83. The same Monday at 09H23 am a message showed me the Military Police were serious about my case against Yengeni. The message was like this:
a. “Message from South African Police Services. Case registered on 2011-03-28 at Dequar Military Police, AO Reference Number CAS 8/3/2011. Station Contact Details 0123551229. Do not reply to this sms. From +27837978000011902. 09H23 am, 28 March 2011.”
84. It was pleasant news that the arrival of President Zuma on the scene has brought a double comfort for junior soldiers too often mishandled by their seniors
a. Cases were reported on the computer with immdediate effect
b. There was one electronic database for such issues marrying the SAPS with the Military Police.
My happiness reached unprecedented proportions, when the following day, Tuesday 29 March 2011 one more sms came from the military police.
a. “Message from SAPS: Sergeant Ed Booysen will investigate your case [against Yengeni]. Dequar Military Police AO Ref Nr CAS 8/3/2011. Unit Contact Detail 0123551229. Do not reply to this sms. From +27837978000011902. 7.40 am, 29-03-2011”
One thing stands out clear with these text messages, South Africa’s military police know my cell number. That is why, outside malice prepesne, it baffles me that when the self-same military police were later the same day apparently to serve among other things the current Notice of Motion to the High Court for Phiri who was on leave, they could not use the same avenue to say, please come back home to your offical residence at Villa Petite to receive your Notice of Motion from the Applicant (Minister of Defence). Instead
OPPOSITION TO APPLICANT’S FOUNDING AFFIDAVITS PARAGRAPH BY PARAGRAPH
Ad 1,1 In law, as stipulated in my founding affidavit, I deny that she has the authority. Such authority to represent the authority of the Applicant is only vested in the office of the Chief of SANDF and the Secretary for Defence. The Applicant may by law not delegate to anybody else. In the event the Chief of the SANDF/Sec Def were unable to depose on behalf of the Applicant by reason of legal qualification to do so, that said C SANDF/Sec Def had to have it in writing as part of the Applicant’s founding Affidavit that that he/she has further delegated to Visser. In this case no such further delegation exists to support Visser’s intention despite the Applicant’s short statement purporting to empower Visser for such.(“MMV 1”)
Ad 1,2 I deny the claim that the facts to which the deponent deposes are within her personal knowledge since she could not have exhaustively researched the ten-year-old background to them. Besides, she has only been briefed by one side of the story (the Applicant’s) without ever bothering to find out what the Respondent has to say.
Ad 2,1 True
Ad 2,2 True
Ad 3,1 The Corporate Communication Division may well be the mouthpiece for the image of the Applicant; but the doing of PR work for the Applicant and litigating on the Applicant’s behalf are two totally different things. The deponent here (“Visser”) is overloading this Honourable Court with useless information.
Ad 2,1 . The deponent talks about YouTube which is a video forum on line. Yet the example presented to this court contain no single YouTube example, rather has printed material selectively culled from Respondent’s website as old as 2008. Respondent wishes to express surprise that the SANDF will take two solid years before discovering any mention of itself online, when the posting, by deponent’s own admission started in 2008. And why was it a “discovery” when Respondent had informed his immediate supervisors Brigadier Generals Kula, Magasela and the last of which being Brigadier General Norman Yengeni about these postings which were rather than being secretly-meant, were meant to be publicly known to the Applicant and the larger public so that the Applicant could be pushed to resolve the 2001 scandals of sex for promotion for Brigadier General Bobelo Zini in her Department)
Ad 3,4 The standing order referred to above constitutes PR work for the Applicant. It is not a tool for whistleblowing. Nor is it in any policy of the Department that those who have grievances to raise regarding whistle-blowing and the victimization that came with it where the Respondent is concerned, should be reported to Directorate Corporate Communication. “MMV3” referred to here has no moral standing seeing that the individual Lieutenant General Temba Templeton Matanzima is part and parcel of the problem that caused the 2001-self-prostituted-for-promotion, Bobelo-Zini to avoid prosecution for her corruption. Some of the YouTube postings have detailed information about his own acts unbecoming of a senior military officer. This is why this matter is currently in the hands and office of The President, but the Applicant, goes to unlawfully offset the President’s seizure with the matter methinks because Applicant is trying to silence Respondent’s blowing of the whistle via interdict so as to ensure that Acting Chief SANDF Matanzima become Chief SANDF Matanzima untarnished by his own acts of commission or omission in the past 10 years regarding Bobelo-Zini his fellow-tribesperson (Thembu), and a cousin, according to Bobelo Zini. The SANDF, a property of the people of the South Africa, cannot be subjected to control via family ties, especially if those ties go further to hide corruption by those family members and victimize and put to detriment for even 10 years as is the case of the Respondent, those who blow the whistle on their corruption.
Ad 3,5 “without the knowledge of the Applicant”? What else does the Applicant not know? Respondent would suggest that practically everything that she is supposed to be deposed for on her founding affidavit is unknown to her, a victim of surrounding herself with generals who come from the same Eastern Cape who seem to be leading the pack not only in seniority of position to the demographic disadvantage of other South Africans, but are also leading in the unlawful and untrammelled defence of the sex-for-promotion corruption committed by Bobelo Zini and the concomitant year-after-year victimization of whistle-blower Phiri.
Ad 3,6 s I take note that suddenly this video footage is not made available in time to the Respondent to analyze. I suggest against it is because the Honourable Court must be led up the garden path to think an earth-shaking discovery was made of some cataclysmic crime on line. The fact of the matter is the contents of those videos found on line are just a fraction that the Respondent voluntarily gave to the offices of the State President over the sex-for-promotion corruption the Applicant’s Department has been knowing as early as 2001. As early as September or October 2010, copies were also sent to the Commission who in turn gave to the offices of Matanzima to act on. He of course, for reasons already touched upon, decided not to act in stopping the high-level shielding of sex-for-promotion regarding Bobelo-Zini and probably many other ladies in senior military positions who had/have to buy those positions through sex rather than hard work. It was when Matanzima and his senior colleagues decided to ignore what was recorded on the videos that I then posted online to make the public aware how our precious SANDF, the most powerful tool for defending this country morally and militarily, was busy rotting from within with the apparent condonation of the likes of Matanzima. Even thought I intensely feel the pain of the intimidation that soldiers armed to the teeth, wearing plainclothes to ransack and seize my computers and other devices while giving me marching orders to leave for relative good the premises under the command of Matanzima, I am also joyous for the advent of the information super-highway of the internet for in three months after my YouTube posting, there is some reaction (albeit aimed to vex the Honourable Court), a reaction that writing grievance letter after grievance letter to the authorities failed to elicit for a full ten years.
Ad 3,7 I dispute the assertion that these are classified documents. This assertion is jumping on the hackney of trying to paint the Respondent in a dark light and deepen the victimization which started in 2001 with the charges first meted out against the Respondent with his first attempt to blow the whistle against the powerful and politically well-connected Bobelo Zini. How can documents that are available in court over disputes, of which I have already had many with the Applicant even at the High Court in the past, be said to be classified documents when such court proceedings ran with the participation/audience of journalists. I respectfully submit to this court that the duty lies with the Applicant to apply to court that certain documentation as ventilated in court be declared secret or otherwise. Lastly, I am a responsible and law abiding citizen who would not take a document Wiki-Leaks style and publish it without doctoring and sanitizing it accordingly, which is why both the DVD material and other printed stuff the Applicant is advancing to court is imprecise in that it deliberately leaves out other important provisos appearing online to depict the corruption at the centre of publishing. I encourage the Honourable Court to go self online via Google Search (“Goodman” “Manyanya” “Phiri”) to see for yourselves what is online which I do not dispute. The material culled by the Applicant is totally misleading, I submit. Furthermore, the impression created that every activity of mine online is aimed at ventilating the sex-for-promotion corruption of the SANDF and victimization of the Respondent, is vehemently denied. I have posted and will still post stuff concerning my family issues which should never be wrong. I have also posted stuff where I am teaching my readership the languages of Afrikaans, Swahili and Zulu. I am a well-seasoned intelligence officer pretty-clued about the workings online; and I deny that whenever I blog, the soul thereof is the Applicant. On what basis?
Ad 3,8 But that is exactly part and parcel of the detriment and victimization Matanzima and his tribal colleagues in uniform (particularly Thembu, or ex-Eastern Cape officer in general’s position have been doing for the past 10 years against the Respondent in order to silence me not to further blow whistle against their tribal sister Bobelo Zini). In their eyes, “discipline” is when they should commit corruption unchallenged because they belong to the tribe of the Great Mandela and when someone like Respondent blows the whistle against that wrongdoing, the “he is poorly-disciplined”. If the President is duly given time to apply his mind on this misunderstanding Respondent has with Applicant, I am sure he will come up with a more level-headed and constitutionally sound solution to this 10-year-old deadlock. The vexatious continuation by the Applicant to charge Phiri, come into his house armed and ransacking his property, she whose senior generals (like Matanzima) are part of the Bobelo-Zini corruption-cover-up and conflict against Phiri serves no other purpose except to get me impoverished to the poor church mouse that I have become living in shack after shack as my little earnings for 10 years now are spent on the Applicant’s vexatious charge after charge. Ultimately, this strategy will get me killed which of course, I will guess with permission of the Honourable Court, is what will make the Matanzimas of SANDF, the generals advising the Applicant, happiest. Judge, I am ready to die, if need be; but I cannot allow my land, South Africa, to be corrupted right in front of my eyes without lifting a finger. It would be an insult to my heroic ancestors as adumbrated upon in my founding affidavit.
Ad 3,9 s Anton Piller or the search order, which has already been carried out in my office with the confiscation of 44 DVDs, the result of copies of the same DVDs I have long given to the offices of the President as my Commander in Chief as well as the office Chief SANDF, among others, has already been carried out. It was unnecessary show of strength, complete with freewheeling motorbikes of the military police. The Respondent I have never denied that I posted stuff online, in fact I have been the first to volunteer the information as stated above. I have no intention to delete the information I have posted online as I find it binding to my conscience whatever shortcomings it might have in the eyes of those I criticize for abusing state power in order to protect a clearly corrupt and ill-disciplined woman and her sweetheart (female Bobelo-Zini and Colonel Raymond Atlholang Lentsoe, respectively). If the Applicant wanted to see more copies of what I in any case had already given to her Department she would have asked for those and I would have gladly given them to her. The whole search and seizure thing, together with the approach to this court, is just a charade and a smokescreen to continue shielding the Bobelo-Zini woman who graduated from being a major to a brigadier general only through illicit sex in 2001. Lastly, I want to point out for the attention of the attention of the honourable court that when this search and seizure was first effected I was on leave (Monday to Wednesday 28-30 March) but not at home in the sense of my official residence at Lyttelton, I was at my relatively new shack in the township. The five armed men sent by Applicant to effect the seizure could therefore not find me home. They knew my cell phone number just as well as they knew my official residence. As to why they did not phone me to hand their search warrant upon which I would have responded as a good officer so as to enable them the search of all the premises including my shack occupied by my 21 year-old-wife from Swaziland and our 6-month old daughter, beats me. I do not understand why they told surprised neighbours why they were not supposed to tell me they had called WHEN TOGETHER WITH THE SEARCH WARRANT THEY ALSO BORE THIS MOTION TO APPROACH THE HIGH COURT. The result was that, rather than the time stipulated in the Applicant’s “Founding Affidavit”, I was served too late (on Thursday 31 March 2011) with the Honourable Court’s papers from the Applicant. Therefore my Affidavit to respond took too late. By Friday 01 April, I was the April Fool who sent my lawyers to negotiate an out-of-court settlement without ever been given by the Applicant a fair chance to satisfy myself with content of her Founding Affidavit, seeing that the whole previous day when I was served with the High Court matter, was also used not only to drag me to the military court with the first victimization charges of 2001, but I had to endure the search and seizure order conducted in my office and my car. The first time I read the Applicant’s Founding Affidavit was on Saturday whereupon I decided to change my mind and to oppose this application. On Sunday, The State Attorney was informed of my change of heart. I submit that the Applicant used excessive power where no power was even needed if she had indeed genuinely sought an urgent resolve of her complaint to the Honourable Court. Very lastly, I am an obedient soldier despite my whistleblowing proclivity, the Applicant did not have to come to court in order to stop me blogging about corruption in her Department, which corruption she has been long made aware of. All that this required was for her to instruct her generals to order me to stop. I would have gladly stopped knowing that by the very virtue that they wanted me to stop, they had got the message that corruption must stop. So the Honourable High court has been belaboured with a matter that totally did not warrant an approach to this court; a storm in a teacup, Judge and Your Honourable Court.
Ad 4,1 This is blanket plea that would not only muzzle me from having my freedom of expression, but, if granted, Honourable Judge, would violate my human rights, including the right to earn a living. Over and above being a soldier, I am also a writer of fiction stories and poetry having nothing to do with the Defence industry. I am also a burgeoning political commentator which this order seeks to take away from me. If this order were granted I would also not be able to continue teaching online people the languages of Afrikaans, Zulu and Swahili as mentioned on earlier paragraphs. As mentioned earlier for my olive branch, I have no problem with the idea of stopping to blog any further about the corruption of one general too many of the SANDF (Bobelo-Zini) because I believe my point has not only been made, but the Commander in Chief, President whom my blog was respectfully addressing, will be the final arbiter in this matter. Where I have a problem with the Applicant’s plea is: what if the Commander in Chief rules against me and institutes steps to get me fired from the SANDF, which is his prerogative, how am I going to make a living writing stories online if the Applicant’s plea is sympathised with by the Honourable Court. I submit that the Applicant plea is dripping with malice aimed at killing my professions both as a soldier and a journalist all because I dared to blow the whistle on a member of a tribe (Thembu) that, because of His Excellency Nelson Mandela’s credentials with it, is not supposed to be challenged by a non-Thembu, particularly by an ethnic-Malawian, who in a xenophobic society like ours, is not supposed to be looked upon as a human being and a fully-fledged South African worth his own voice as prescribed by the Constitution.
Ad 4,2 Noted
Ad 4,3 I note that this plea now falls off seeing that the Honourable Court did not grant the Applicant the Ex-Parte she had originally desired. I as the Respondent would be served the Order by the Court itself.
Ad 4,4 I humbly submit that, seeing that this is just one continuation of the victimization charges meted out back in 2001 at the military court, charges that are still continuing and remaining unresolved to this day with a trial paid for by the State, the Applicant should not be allowed to make such unreasonable request to the High Court. I already live in a shack and squalor because of being bankrupted at the High Court by the Applicant. Where is the justice in this when my blowing of the whistle on the Bobelo-Zini corruption is not for my personal gain or benefit, but rather for the benefit of the nation that abhors corruption. Why must the Make today desert David in his fight against Goliath?
Furthermore, I have already explained in my opening statements just how bona fide I am in raising on my blog the issue of Bobelo-Zini corruption and related matters. I submit there are laws as quoted by me on the same paragraphs that compel the Applicant not only pay for the costs of this Honourable Court whether I reach an out-of-court-settlement with her on this matter or oppose. Opposing an application cannot be in all fairness be seen as a sign of vexatiousness, rather it should be entertained by all parties as a tool to arrive at the best outcome of the matter. For those reasons I solemnly plead with the Honourable Court not to entertain this plea and related pleas by the Applicant.
Ad 5,1 I dispute the “urgency” of this matter. The Applicant is simply abusing Court, I humbly submit, in order to remedy damaged prospects for her Acting Chief of the SANDF (Matanzima) whose name is featured in the 10-year-old cover-up for self-corrupted Bobelo Zini...so that The President should not be dissuaded from appointing him full-time because of my act of exposing his Bobelo-Zini. I submit very humbly to court that this has no factual basis except that it is my analysis for the Applicant’s motive for declaring “urgency”. The Applicant and her generals knew as early as 2002 that, through a letter received from the previous Chief of the SANDF (Siphiwe Nyanda) I was given a green light to deal with the Mass Media. This was the time of Defence Minister Lekota. When the Applicant assumed the same office about a year ago, she also got to know that I have got stuff on-line over the sex-for-promotion corruption condoned by her office. Why was it not urgent then or earlier to approach court but it become urgent now that our Commander in Chief must appoint a permanent Chief of the SANDF with one leading candidate being the very Matanzima whose name Bobelo-Zini has freely been allowed to bandy about as a scarecrow for anybody who dared to challenge her for her 2001-sex-for-promotion corruption? Furthermore, I dispute the assertion that my postings are scandalous. Why the Applicant is asking the Honourable Judge to shoot the messenger boggles my mind as the scandal here is not my reportage of such to the State President even via a public platform, the real scandal is that a whole senior public servant like the Applicant is prepared to unnecessarily go to court and seek to use the court in victimizing for her a whistleblower opposed to the corruption in sex-for-promotion in her department. Can’t the Applicant see the canker that is obviously eating away here the very heart of South Africa’s defence capabilities in the sense if war breaks out, the greater the number of generals promoted through tribalism or illicit sex, the lesser the country’s ability to defend this land?
I dispute the assertion that the Applicant’s standing in the world is being undermined by my blogging. The Applicant will not have any standing to write home about if she continues to victimize the Respondent who, in law, is on her side. The Applicant should consider forgetting a bit about world standing, I humbly submit. What matters are the people of South Africa who put her in the position is “manning” currently as Minister of Defence. She is a civil servant who must earn her respect first with the South African taxpayer, thereafter world standing will be automatic.
I deny that the Applicant has an impeccable good name in the sense that her application has been made in her official capacity. The High Court is littered with cases where she unnecessarily litigates against soldiers like me who genuinely and rightfully act for their rights that are undermined her generalissimo too often preoccupied with issues of tribalism and protecting one woman too many (Bobelo-Zini) who must rise through sex corruption. How can such a record be impeccable?
I strongly dispute the assertion that my blogging and posting harms the morale of the Applicant’s workforce. On the contrary, her actions of continuing to victimize me the whistleblower on corruption that all law-abiding soldiers are well aware of while her closest generals are shielding it, is what in fact continues to demoralize and even to anger soldiers. In so far as the discipline of other soldiers in relating to my victimization, I am always the first one to tell every soldier sympathetic to my mistreatment by the Applicant to still remain loyal and disciplined forces because we are not have a fight with the SANDF, our Department, our Government or even our Commander in Chief Zuma whom we soldiers dearly love. Rather we are fighting against corruption done by individuals and their powerful protectors.
Ad 6,1 This is the repetition of the blanket plea for the judge, a plea I respectfully counter-pleaded against on earlier paragraphs.
Ad 6,2 The coat should therefore be cut according to cloth, I humbly submit because the Applicant should be made aware by the Honourable court that although in its wise judgement it can grant her request, but wasn’t if far more easier cheaper for the taxpayer to reach the same goals by tackling the corruption and tribalism in her Department rather than pay exorbitant Court bills in order to silence a whistleblower?
Ad 7,1 This assertion, Honourable Judge, has already been debunked on a previous paragraph or two
Ad 9,1 This is a plain untruth, Your Honour, Judge. There are several alternative remedies judge. One of them has already been given by Respondent that I voluntary state that, as of today, I will no more post anything in relation to the corruption seeing that I think I have already posted a mouthful. The Applicant’s line of thinking is premised on the belief that just by attaining a court interdict, she will have acquired a trophy with which to dance to the imminent music accompanying the appointment of Matanzima as the new CSANDF and subsequent continuation by both the Applicant and Matanzima, to victimize the whistleblower Phiri for having dared challenge the corruption of purported Matanzima’s cousin Bobelo-Zini back in 2001. I kindly beg and beseech the Honourable Court not to give my scalp to the Applicant, a savagery against a whistleblower which is what I beg the court to see as the hidden request in the Applicant’s assertion
Ad 9,1 I dispute this assertion because at not stage was I going to “to delete at the touch of button”. Why would I have wanted to delete what I had posted bona fide with the aim of exposing corruption. I was in my sound mind when I posted; and I still am. Once again, the Applicant is trying to mislead the Honourable Court in order to gain the Interdict by crying wolf. I commit to neither delete nor make any posting as my conscience and beliefs is clear about what I posted on this subject and the only reason why I commit to voluntarily stop is because I am seeking a rapprochement, peace and working relationship with the Applicant who in turn should realize I expect a quid pro quo first of which should be the immediate stoppage of all forms of victimization against me including the 2001 court martial charges the Applicant has now resuscitated with the next appearance somewhere in June.
Ad 9,2 This point has already belaboured upon by Respondent on previous paragraphs
Honourable Judge, in relation to the Supplementary Affidavit “by the Applicant” I wish to make a general comment or two.
I find it to be a mere repetition, largely, of the Founding Affidavit in that some artificial urgency is being highlighted to the honourable court with one moment being the fear that I “will delete” everything that has been posted, and the next moment that I “will add some”. This act of blowing hot and cold on the part of the Applicant goes to the heart of my previous humble submission, Judge: a storm in a teacup.
Insofar as the allegation that I broke the rules on YouTube by “addressing third parties in uniform”. That too, goes to the heart of my submission that whatever the Applicant culled and downloaded from my website and YouTube is cannot be viewed as a true reflection of what is online, which true reflection can only be attained by the Honourable Court by seeing for itself live what stands online.
In that, respect, nonetheless, I will immediately highlight to the Honourable court what the main differences are.
Firstly it is not everything that the Applicant downloaded, in other words the Applicant cherry-picked the downloads in order to impress the Honourable Court with “scandalous postings”.
Part of what would have been omitted are portions where my blog clearly says it is designed to address my Commander-in-Chief Zuma. Where has the Applicant ever seen a soldier addressing his commander in chief without wearing the full gear of military uniform? Indeed, yet another storm in the teacup, I humbly submit, Judge.
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| Eddie Drost The assailant against defencelesss Phiri 7 March 2001, Also, the drafter of the False 11 Charges against Phiri in order to cover up for a well-known fornication-for-promotion by Mandela's cousin W.N. Zini-Bonelo In a normal society,untramelled by the Zuma-era-well-protected Mandelasque Tribalism Favouring the Eastern Cape of The Xhosa-speaking Zini-Bobello who was being potected here, IT IS DROST WHO WAS SUPPOSED TO BE CHARGED FOR ASSAULTING PHIRI. But Jacob Zuma, too used to the abuse of power in the lawless Camps of exile where he was a commander of intelligennce officers who were raping and extra-judicially executng comrades who queried Xhosa camp racism a.k.a. Mandelasque Xhosa tribalism Under Xhosa-speaking Oliver Tambo, Mr Zuma would like even as of this 2012 update, to falsely gain even ill-gotten victory through his courts by unlawfully denying Phiri his right to Equality before the Law of South Africa. Zuma has been consistently and unlawfully denying Civil Servant Phiri the requisite funds to pay lawyers who can prosecute Phiri's case to the fullest. INCIDENTALLY, EDDIE DROST'S OWN CO- WITNESS TO THE STATE, RAYMOND LENTSOE UNDER CROSS EXAMINATION (CLICK HERE AND SEARCH FOR "TUG OF WAR") CONFIRMS ON THIS BLOG AS HE HAD DONE IN COURT: THAT DROST DID ASSAULT PHIRI INSTEAD OF RETURNING A SALUTE WHICH IS THE ONLY WAY A JUNIOR OFFICER IS RELEASED FROM THE PRESECNE OF A SENIOR ONE DURING OFFICE ORDERS AS THE ONES PHIRI WAS PARADED TO BY DROST. Yet to Mr Zuma, as long as I am in his eyes neither a Zulu nor a Xhosa, it is all right I should bE assaulted by clearly racially-motivated and unmilitary practices as evinced by Eddie Drost on 7 March 2001. |
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