WEEP TO THE JUDGE BUT NO FIXING OF PROMOTION THROUGH SEX

"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

In the north Gauteng high court, Pretoria
REPUBLIC OF SOUTH AFRICA
CASE NO: 1925/2011
In the matter between:

MINISTER OF DEFENCE Applicant
And
GOODMAN MANYANYA PHIRI Respondent


NOTICE OF MOTION
________________________________________

KINDLY TAKE NOTICE that the Applicant intends to make applicant to the above Honourable Court on Friday the 01 April 2011 at 10H00 or soon thereafter as Counsel maybe heard for an order in the following terms:


1. Dispensing with the rules relating to form and service as provided for in the uniform Rules of Court and disposing of the matter as one of urgent as per Rule 6 (12)(a)
2. That the Respondent be interdicted from making any public statements , any public statement, any public communication, any speech, any presentation either by way of public seminar and/or public appearance and /or internet and/or posting on different websites, any utterances which seeks to implicate whether direct or indirect, the previous and current commanders on the Chief of South African National Defence Force, the Minister of Defence. The acting Chief of South African National Defence Force and any other employees of the Department of Defence in any way whatsoever without the express authority of the Minister of the South African National Defence Force or the Acting Chief of the South African Defence Force..
3. That such interdict be operative immediately upon service of the order of the above Honourable Court on the Respondent.
4. That in the likely event that the above Honourable Court order such as above that the Applicant be ordered to serve both the order and application on the respondent.
5. That the order be returnable on the date to be determined by the Honourable Court.
6. That the order be operative on the Respondent or any person acting on the instruction of the Respondent.
7. That the Respondent be ordered to pay costs of this application in the event of oppositition on the return date such costs to be on a punitive scale.
8. That the Applicant be given leave to supplement its founding affidavit for the adjudication of the application on the return date.
9. Further and/or alternative relief.
KINDLY TAKE NOTICE FURTHER that the Affidavit of Martha Magaritha Visser and all annexure attached hereto shall be used in support of the application.

TAKE FURTHER NOTICE……….on these proceedings

TAKE FURTHER NOTICE that if Respondent intends opposing this applicant, he is requiree
1 To notify Applican’t attorney in writing thereof by 29th March 2011 at 12H00
2 And file an asnwering affidavit (if any) together with any relevant doucment by Wednesday 30th March 2011 at 16H00.
3 Take Notice that the Applicant shall file its Replying g Affidavit , if need be, by Thursday 31 March 2011.
ANY FURTHER that Respondent is required to appoint in such notification an address as contemplated in Rule 6(5)(d) at which he will accept notice and service of all documents in these proceedings.

DATED AND SIGNED AT PRETORIA ON THIS 29TH (AFTER THE SCRATCHING OF THE 24TH)DAY OF MARCH 2011

STATE ATTORNEY PRETORIA (SIGNED)
Manaka Heights
8th Floor, 167 Andries Street
Private Bag X91
Pretoria
0001
Tel 0123091545
Ref: 1715/2011/Z65


TO: THE REGISTRAR OF THE ABOVE
HONOURABLE NORTH GAUTENG COURT
PRETORIA

AND TO: PHIRI GOODMAN MANYANYA
13 Villa Petite
Shepstone and Retied Roads
Lyttelton
PRETORIA


IN THE NORTH GAUTENG HIGH COURT, PRETORIA
(REPUBLIC OF SOUTH AFRICA)
CASE No: 19251/2011

In the matter between

THE MINISTER OF DEFENCE APPLICANT

And

GOODMAN MANYANYA PHIRI RESPONDENT

______________________________________________-
FOUNDING AFFIDAVIT
______________________________________________-


I, the undersigned

MARTHA MAGARITHA VISSER

Do hereby state under oath


1. I am adult female Brigadier General and Director of the Applicant’s Corporate Communication Division. I am authorized to depose to this affidavit on behalf of the Applicant by virtue of an authorizing instrument annexed thereto and marked as “MMV1”
2. The facts to which I deposed are within my personal knowledge, and are both true and correct to the best of my belief.




PARTIES


1. The applicant is the Minister of Defence, acting herein in an official capacity as the Minister responsible for the Department of Defence for the Republic of South Africa.
2. The Response I Lieutenant Colonel Goodman Manyanya Phiri, an employee of the Applicant, resident at 13 Villa Petite, Shepstone and Retief Road, Lyttelton, Pretoria, whose actions are the subject matter of the applicant



BACKGROUND

1. THE Corporate Communicating Division of the Applicant of which I am the Director thereof , is the custodian of the reputation and image of the Applicant. The \Division under the direction of the Head of Communication in the Minister can communicate on behalf of the Applicant as is evident from the Standing Order of the erstwhile Minister Lekota which Standing Order is still applicable and effective. To this extent, I annex thereto the Standing Order dated July 2000 and marked herein as Annexure “MMVU”
2. On or about the beginning of December 2010 one Captain Mantshongo a Media Officer in my Division picked up a Google alert on our system which notified him of a “You Tube” posting by the Respondent, the context which were unclear to him at that stage.
3. Captain Mantshongo reported same to Lieutenant Colonel Maseko (Major at the time) who immediately reported same to Head of Communication in the Ministry of the Department of Defence and to the Acting Chief of the South African National Defence Force of the Applicant who in turn constituted meeting of the role players in the Department of Defence and subsequently GIVE an order for an immediate investigation and formulation of a strategy in curbing the actions of the Respondent since it was clear that the Respondent’s action where in direct conflict with the Standing Order as referred to above. To this extent I annex hereto such directive by the Acting Chief of South African National Defence Force marked hereto as Annexure “MMV3”, dated August 2000,
4. Pursuant thereto a thorough internal investigation was embarked upon by the Applicant which culminated into a report dated 21st March 2011 being compiled by State Information Technology Agency (SITA), after an in-depth investigation and extraction of the websites posted by the Respondent without the knowledge and express authority of the Applicant. A formal Military Police case docket was registered on 23 March 2011 with the Military Police and to this extent I attach hereto a cover of the Military Police docket marked as Annexure “MMVU”.
5. Together therewith,, extraction of video footages were also discovered by SITA, contentss of which are contained in a DVD which will be made available to the court for its consideration and analysis.
6. I wish to point out with respect that both the report by SITA dated 21st March 2011 as well as the DVD of the posting s on different websites are classified documentation in terms of the Military prescripts and as a result, would not be annexed hereto but would be present to the Honourable Judge in Chambers for his consideration.
7. In realising the propensity and severity of these intrusions by the Respondent into the very fibre of what constitutes a disciplined, coherent and well structured force, the Applicant has also instituted disciplinary action against the Respondent.
8. The legal directorate of the Applicant is in the process of securing a search and seizure warrant as well as an Anton Pillar order, to be served together with the interdict in order to confiscate all formats of the communicating with the outside world used by the Respondent to disseminate information about the Applicant and or its employees both from his official equipment as well as from his persona devices.
9. The legal directorate of the Applicant is in the process of securing a search and seizure warrant as well as an Anton Pillar order, to be served together with the interdict in order to confiscate all format of the communicating with the outside world used by the Respondent to disseminate information about the Applicant and or its employees both from this official equipment as well as from his personal devises.
APPLICATION
1. The Applicant with respect seeks an order interdicting the Respondent from making any public statements and/or , any public communication, any speeches, any presentation either by way of public seminar and/ or public appearances and/or internet and/ or posting on different websites, any utterances which seek to implicate whether directly or indirectly, the previous and the current Commanders in t Chief of the South African National Defence Force, t, the Minister of Defence,, the Acting Chief of the South African National Defence Force and employees of the Ministry of Defence from the most Senior to Junior in the Department in any way whatsoever without the express (sic) of the Acting Chief of the South African National Defence Force.
2. That such interdict be operative immediately upon service of the order of the above Honourable Court on the Respondent.
3. That in the likely event that the above Honourable Court order such as above, that the Applicant be ordered to serve both the order as well as the application on the Respondent.
4. That the Respondent be ordered to pay costs of the application in the event of opposition .... costs to be on a punitive scale.
URGENCY

1. This matter is extremely urgent to the Applicant in that in realising that with the 21st March 2011 report by SITA, and the continued posting of the vexatious and scandalous posting by the Respondent on different websites, it is clear that if the Respondent is not interdicted from persisting with his posting on different websites, the Applicant will continue to suffer irreparable harm, not only to its impeccable good name, and discipline, but also hampers the moral of the Applicant’s work force as well as undermines discipline in the work force and also tarnishes the image of the Applicant in world standing.

CLEAR RIGHT

1. In the context of this proceeding, a clear right which the Applicant seeks to protect is the right not to have any other member of the Applicant unauthorised, to communicate any information of whatever nature to outside or third parties without the express permission of the Minister of the Applicant by publishing any information, speeches, presentations either at pubic seminar and public appearances.
2. Furthermore, the Applicant derives also a clear right in the maintenance of the implacable good name and discipline as well as high moral of its work force.
ACT OF INTERFERENCE

The Respondent has impugned on the Applicant’s rights, and the Applicant continues to suffer irreparable harm not only to its impeccable good name and discipline, but also hampers the moral of the Applicant’s work force, in addition it also undermines discipline in the work force and tarnishes the image of the Applicant in world standing, as the statements have been published on the “You Tube” website and other related websites without the Applicant’s express authority to do so.
ABSENCE OF ALTERNATIVE REMEDY

1. SHOULD THE Honourable Court not grant the relief sought there shall remain posted on the “You Tube” website statement which are intended to undermine the integrity of the Commander in Chief of the Applicant, the Minister of Defence, the Department of Defence and all its employees. Furthermore, this has a direct consequent to undermine the Applicant’s world standing.
Ex Parte

1. The Applicant with respect approaches the above Honourable Court on an ex parte basis since service of the papers on the Respondent will undermine the purpose of the application and order, in that the Respondent will at a touch of a button destroy all the evidence for which the search and seizure as well as the Anton Pillar application are being secured for. Furthermore, the annexure relating to this application has not as yet been declassified, and as a result the Applicant will with respect approach the Judge in chamber for an order interdicting the Respondent from either disseminating speeches, presentations, posting on websites and the I internet, any statements either on the Ministry, on the Minister, or his superiors in the Ministry and Department of Defence as well as fellow employees in the Ministry and Department of Defence in direct violation of the instruction of August 2000 as well as the July 2000 Standing Orders by whatever means available to the Respondent.
2. Furthermore, the Applicant are of the respectful view that normal service on this applicant is intended to ensure that more postings are avoided within the time frames as allowed and catered for, by normal service in an urgent application.

WHEREFORE THE APPLICANT prays for the order set out in the Notice of Motion to which this affidavit is attached.


MARTHA MAGARITHA VISSER (SIGNED

I certify that this affidavit was signed and sworn to before me at PRETORIA on this the 25th DAY OF March 2011, the Deponent having acknowledge that he (sic) knows and understands the contents of this affidavit , the regulations contained in government notice no. 1258 of 21 July 1972 and R1648 of 19 August 1977 have been complied with

COMMISSIONER OF OATHS
VINCENT RISENGA NKUNA
Commissioner of Oaths
7th Floor Rentbel Bld
Bureau Lane Pretoria
P.O. Box 2290, PRETORIA 0001
Tel 0123210652
Fax 01123210890











MMV1
Telephone 0123556236 Department of Defence
Facsimile 0123555804 (Defence Legal Services Division)
Enquiries: Mr S.H. Njikela Private Bag X61
Pretoria
0001

I, the undersigned LINDIWE NONCEBA SISULU
(In my capacity as the Minister of Defence and Military Veterans)

Hereby declare that
1. I am aware of the urgent legal proceedings which are being instituted before the North Gauteng High Court on my behalf, wherein an Applicant in my official capacity as the Minister of Defence and Military Veterans, in which the Applicant, inter alia, prays for an order interdicting a certain Lieutenant Colonel Manyanya Phiri from continuing to publish any derogatory/defamatory material about senior officials of the Department of Defence, myself or the Department of Defence as fully set out in the application,
2. I hereby authorize Brigadier General Visser, in her capacity as Director Corporate Communication within the Department, to depose to the necessary court papers for this purpose and to take any other necessary steps to give effect to this application.
3. I also hereby ratify, in so far as it may be necessary, and approve any steps that he (sic) may have taken in this regard before the date of the signing hereof
SIGNED ON 25 MARCH 2011 in Cape Town

SIGNED
L.N. SISULU
MINISTER OF DEFENCE AND MILITARY VETERANS






MMV2


MINISTRY OF DEFENCE SOUTH AFRICA MS/S1/1/34055

Telephone: 0123556100 Private Bag X427
Facsimele: 0123470116 Pretoria
0001
28 July 2000

UNCONTROLLED RELEASE OF INFORMATION




1. It has been with deep concern that I have over time observed the uncontrolled and uncoordinated release of information to the public about the South African National Defence Force (SANDF) Nowhere any of the communicating has the SANDF been put in bad light, only individuals but even there, only when they deservedly needed to be put there due to the rampant corruption in the organization of sex-for-promotion
2. It is crucial that everybody should realize that only the Ministry is accountable to the (unclear) of this country. Therefore, that in this regard it is best placed to supply such information as may need to reach the public. This is particularly important , as the Ministry is obliged to explain and answer questions inside and outside Parliament. To release information to the public without authorization by the Ministry is highly irregular.(but so, too, is corruption, where members of the maternal tribe of the minister stay untouchable, committing acts of corruption like free marks to pass courses all with the hope that no one will question them because they are member of the feared tribe, the Xhosa-speaking Thembu tribe to which the Applicant belongs)
3. .
4. 98007693 LT COL PHIRI .....
a. That an official charge has been laid against him in terms of Section 105 of the Defence Act (Act No. 42 of 2002) (Offensive Behaviour), related to the unlawful, unauthorised and unseemly publication/posting of Defence related information on the internet since 2008 until 2010
5. .
6. ALLEGED DEFAMATION OF PHIRI CHARACTER , HARASSMENT AND UNFAIR DISMISSAL FROM POST
7. ….(C SANDF/R/509/1/167060 from office of Chief of SANDF, dated 20 December 2002)
a. “With regard to the alleged imputation that you are an ill-disciplined officer, it is noted that the newspaper report discloses the charges which you are facing. To the extent that you have any problem in that regard, it is a matter between you and the newspaper.
b. “SIGNED J.M. RETIEF, THE ACTING CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE.

Jacob Zuma (Mr) and some unnamable character