SIMELANE SPEAKS AND OUT SPITS HE IT!

3.10 PM SOUTH AFRICAN TIME OF THE 29TH JANUARY I AM READING MY OTHERWISE UNREAD EMAILS OF THE ENTIRE 2012 WHEN I SEE MAIL AFTER MAIL FROM BHEKI SIMELANE AND THE BRAINWAVE STRIKES ME: "BHEKI SIMELANE HAS GIVEN HIS LEGAL ALL TO DEFEND PHIRI AGAINST THE ABUSES OF POWER BY MANDELA, MBEKI AND NOW ZUMA, BUT WHAT HAS PHIRI GIVEN BACK IN RETURN?" (Note: I have no brief save my own conscience to publish Simelane's struggle for justice in South Africa All I say to him is: "Hail Ye Who Is Bearer of Kings")

Friday, February 1, 2013

BERTELSMANN, MTSHAULANA, AND A FEW OTHER DETRACTORS SEEMINGLY INCAPABLE OF MEETING SIMELANE POUND FOR POUND

Res judicata slaughtered in order to get at Simelane? Eberhard Bertelsmann (pictured Judge) under attack by means of all arms in Simelane's legal arsenal. Bone of contention: His Lordship Bertelsmann's Court (common cause) indulged in the legal aberration of calling a party (Mtshaulana SC for the State) to question a judgment long previously completed and pronounced by another court (His Lordship Judge Seriti's) which previous judgement was ["in plain English, unambiguous, unchallenged when it was supposed to to have been so challenged as the opportunity had been available for the State to do so"]. Simelane will contend in this blog post that His Lorship Bertelsmann (just like Her Ladyship Judge Ravelas around the same period) unbecomingly and unlawfully bowed to a monster growing fast in the belly of South Africa's Judiciary: political interference. If pressed, Simelane would probably not hesitate to surmise openly that Advocate Mtshaulana SC is one vein in the umbilical cord that feeds the fast-growing monstrous embryo right in the middle of a supposed independence of South Africa's judiciary.
(Blog Author's Comment: Mtshaulana is a member of the Xhosa-speaking tribes closest to Nelson Mandela, a people of the Eastern Cape from whom come individuals-- high education or too low for the positions and ranks they hold--nonetheless lord it in South Africa's National Defence Force to the detriment of the Khoi-Coloured, the other vast majority of non-Xhosa-speaking blacks of South Africa and white people particularly the ones who, unlike the Judiciary's Bertelmann or Ravelas, unlike the SANDF's Brigadier General Eddie Drost, refuse to bow like Jacob Zuma to Mandelasque Xhosa tribalism at the expense of South Africa's rule of law)
PICTURE COURTESY: WHO'S WHO

[Kwabuyemazweni]
[Fax: +27128036959973]
["CITY"]
[Enq: Bheki Simelane]
15 March 2009

BLOG AUTHOR'S HEADS-UP!!!!

TO FOLLOW THE LOGIC OF THIS POST, IT WILL SERVE YOUR READING TO AT LEAST BROWSE THE PREVIOUS POSTS IN SEQUENCE OF PUBLICATION DATES, PARTICULARLY THE PREVIOUS POST TITLED:

["Simelane's arguments have no leg to stand on"]
*************************

"WITHOUT PREJUDICE"

To:
Adv Gerrit Pretorius SC
Island Group
The Chambers

Tel: +2711 291 8600
Fax: +2786 677 6559
Cell: 082 652 0600

e-mail: gerrit@law.co.za

And to:
The Chairperson
General Council of the Bar

Tel: +27113363976/3374498
Fax: +2711336 8970

e-mail: gcb@cis.co.za

And to:
The Deputy Judge President (DJP)
The Honourable Mr Justice Shongwe
Transvaal Provincial Division (TPD)

Tel: +2712 315 7576 (direct)
Tel: +2712 315 7577 (secretary)

e-mail: mminyuku@justice.gov.za

And to:
Adv IAM Semenya SC
Chairperson: Johannesburg Bar Council

Tel: +2711 292 6900
Fax: +2711 292 6901

e-mail: jhbbar@law.co.za
e-mail: semenya@mweb.co.za

And to:
Hilton Epstein, SC
Chair: Professional Committee
Johannesburg Bar Council

Tel: +2711 292 6900
Fax: +2711 292 6901

e-mail: jhbbar@law.co.za
e-mail: hillex@law.co.za
Your Ref: Advocate Patric Mtshaulana SC — P52/2006

And to:
Adv Pat Ellis SC
Convenor
Professional and Ethics Committee
Pretoria Society of Advocates

Tel: +2712 303 7400

Tel: +2712 303 7615
Fax: +2712 303 7930
Fax: +2786 695 3145
e-mail: baradmin@law.co.za
e-mail: pellis@law.co.za

Your Ref: 05/09

And to:
MM Malatji
Head: Disciplinary Department
Law Society of the Northern Provinces

Tel: +2712 338 5800
Fax: +2712 325 5877

e-mail: procforum@lsnp.org.za

And to:
Chairperson
Judicial Service Commission (JSC)
e-mail: mtkmoerane@mandla.co.za

And to:
Secretary
Judicial Service Commission (JSC)

Tel: +2711 359 7488
Fax: +2786 649 2425

e-mail: vanzweel@concourt.org.za
Your Ref: Complaints against Judges E Revelas,
Bertelsmann and Ledwaba

And to:
Mr Yunus Carrim, MP
Chairperson
Portfolio Committee on Justice and
Constitutional Development

Tel: 021 403 3660
Fax: 021 403 2860
Fax: 021 403 3357

e-mail: ycarrim@anc.org.za
e-mail: gsalie@parliament.gov.za

And to:
State Attorney (Pretoria)
Your Ref: 6030/2008

Attention: Mr Dirk du Toit
e-mail: mmosidi@justice.gov.za
e-mail: ddutoit@justice.gov.za
e-mail: mmotsi@justice.gov.za
e-mail: dmolusi@justice.gov.za
e-mail: bminnaar@justice.gov.za

And to:
Mr Enver Surty, MP
Minister of Justice and Constitutional Development

Tel: 021 467 1700/1/2/3
Fax: 021 467 1730

e-mail: llabuschagne@justice.gov.za

And to:
Dr Manie Schoeman, MP
Chairperson
Joint Standing Committee of Parliament on Defence
e-mail: easchoeman@vodamail.co.za
e-mail: mbalie@parliament.gov.za

And to:
Ms Nellie Ntuli
Registrar
Labour Courts
Case No. JS 970/01
Case No. LAC 39/07
e-mail: frntuli@justice.gov.za

RE:
NEW COMPLAINTS BY BHEKUMNDENI QEDUSIZI PENUEL SIMELANE ('SIMELANE') AGAINST ADV P.M. MTSHAULANA, SC AND ADV S.K. HASSIM AND CERTAIN STATE ATTORNEYS AND ATTORNEYS/ LEGAL ADVISORS OF THE DEPARTMENT OF DEFENCE: COMPLAINTS BASED ON THE SHORT FOUNDING AFFIDAVIT ATTESTED TO ON 03RD JANUARY 2009, THE NINETY SIX (96) PAGE (EXCLUDING ANNEXURES REFERRED TO THEREIN) LETTER ANNEXED THERETO DATED 30 DECEMBER 2008 AND THE SUPPLEMENTARY SEVENTEEN (17) PAGE LETTER DATED 16 JANUARY 2009

Elize van der Heever of the General Council of the Bar (GCB) 1.1 On Thursday 12 March 2009 Simelane telephoned the GCB at 10:00 am to express his frustration and embarrassment on the requirement imposed on him by Adv Hilton Epstein SC on lodging by Simelane with his office of the abovementioned new complaints as per his affidavit of 03 January 2009 and when Mr Epstein SC inexplicably ordered Simelane to appeal when no formal hearing had taken place on the matter and a ruling made. As Simelane did not want to appear to be obstructive he complied with the said directive of Mr Epstein SC and purported to seek leave from the Johannesburg Bar Council (JBC).

1.2

In so 'appealing' as directed to the JBC Simelane was also informed by the fact that in his first complaint of 2006 against Mr Mtshaulana SC no formal hearing had taken place and in which disciplinary process Simelane as a complainant was involved. Simelane had also requested to make oral submissions at the relevant forum and his request was ignored by Mr Sham Symon SC notwithstanding his earlier undertaking to Simelane that no fraud and corruption would be involved in the disciplinary process. In retrospect Simelane can now see that a sham process had ensued and whereby Mr Mtshaulana SC was exonerated of any blame when in reality and in truth Mtshaulana SC had either refused or neglected to answer the majority of the 3 charges preferred against him on the basis that they had also been referred to the Scorpions.

1.3

The charges Simelane preferred against Mr Mtshaulana SC in 2006 may be referred to as the first complaint. The new charges preferred against Mr Mtshaulana SC in 2009 are the second complaint. The second complaint of 2009 aforesaid is a stand alone complaint and cannot be subsumed in the first complaint of 2006. In this new and second complaint Mr Mtshaulana SC was assisted by Ms SK Hassim. Ms Hassim was not involved at all in the said old and first complaint of 2006.

1.4 According to Elize van der Heever of the GCB aforementioned:

1.4.1

there was never a hearing in Simelane's matters in terms of the Rules and where Simelane, as a complainant, attended;

1.4.2

there was no formal hearing in the matters;

1.4.3

there is NO APPEAL in terms of the RULES against a complaint;

1.4.4

there is only an appeal in terms of the Rules against a ruling following upon a formal hearing which was also attended by the complainant like Simelane;

1.4.5

she will address an e-mail on behalf of the GCB to Mr Hilton Epstein SC and highlight the requirements of the Rules as aforementioned and especially the contents of paragraph 1.4 hereof;

1.4.6

according to the GCB Simelane is referred to Adv Gerrit Pretorius SC in his capacity as a member of the Executive of the GCB responsible for disciplinary matters to advise Mr Simelane on the way forward.

Adv Gerrit Pretorius SC, Member of The Executive of the GCB Responsible For Disciplinary Matters

2.1

For the record, on Wednesday 11 March 2009 Simelane received by fax a letter dated 10 March 2009 addressed to him by Mr IAM Semenya SC, Chairman: Johannesburg Bar Council (JBC) entitled "LEAVE TO APPEAL' and which reads as follows:

"Your application for leave to appeal to the GCB was considered by the Bar Council's meeting on the 10th February 2009. The Bar Council resolved that there is no merit in your complaint, and accordingly leave to appeal is refused." [the emphasis is supplied]

2.2

Also on Thursday 12 March 2009 at 10:30 am Simelane telephoned Adv Gerrit Pretorius SC as referred to him by Elize van der Heever aforementioned. Adv Pretorius SC informed Simelane that he knows about Simelane's matter because he attended a meeting of the JBC when it was discussed. Further, according the Adv Gerrit Pretorius SC, Simelane must address to him a letter which will assist him in taking the matter forward with the relevant structures and to assist Simelane further. This letter therefore serves as a letter requested from Simelane for this purpose by Adv Pretorius SC.

2.3 It is Simelane's request firstly that Adv Gerrit Pretorius SC must try and find adequate time to go over Simelane's said affidavit of 03 January 2009 with his letter of 30 December 2008 annexed thereto including Simelane's subsequent letter of 16 January 2009 with a fine-tooth comb.

2.4

It is secondly Simelane's request that Adv Gerrit Pretorius SC should consider seriously the points raised by the General Council of the Bar in paragraph 1 above and especially at 1.4.

2.5

It is common cause that Adv Hilton Epstein SC seriously misdirected himself in entitling Simelane's new complaint of 2009 in the old title of 2006 as "RE: ADVOCATE PATRIC MTSHAULANA SC — P52/2006" with the concomitant erroneous referral of the matter to the JBC for wrong reasons as enunciated hereinbefore.

2.6

Adv Epstein SC ought to have taken from the Pretoria Society of Advocates in Simelane's complaint against Adv SK Hassim as will appear hereinafter and instead used a 2009 reference as follows: "Our Ref: 05/09" [It is to be noted that Simelane's said first complaint of 2006 was in fact dealt with by Adv Sam Maritz SC from the Pretoria Bar.]

2.7

Thirdly, Simelane kindly requests Adv Gerrit Pretorius SC to note for close perusal paragraph 12.3 of Simelane's letter of 16 January 2009 and which letter for ease of reference reads as follows:

"12.3 The Mtshaulana, SC's letter of 19 March 2007 which is in reply to the Simelane charges that served before the Advocate Symon, SC Sub-committee was an event that occurred BEFORE Mtshaulana, SC committed the offences in issue on 27 March 2007, before Mynhardt J, 22 January 2008 before Hartzenberg J and on 28 April 2008 before Msimeki J. The said events of 27 March 2007, 22 January 2008 and 28 April 2008 were never referred by Simelane to the Johannesburg Bar Council. Hence the new charges contained in Simelane's affidavit dated 03 January 2009 and the letter annexed thereto dated 30 December 2008." [For ease of reference please find annexed hereto the said Mtshaulana SC's letter of 19 March 2007 as an answer to Simelane's said first complaint of 2006 and which letter speaks for itself.]

2.8

Finally, Simelane kindly requests Adv Gerrit Pretorius SC to look closely again at paragraph 12.6 of Simelane's aforementioned letter dated 16 January 2009 and which reads as follows:

"12.6 As a result of the startling discovery made as aforesaid by Simelane during the earlier part of 2008 of this fraud as committed by the Department of Defence (DOD), Mtshaulana SC and Ms Hassim, Simelane has filed an application to lead further evidence and to present this before the Judge Mynhardt Court as represented by Judge Msimeki when it hears the application for leave to appeal. In fact both the application for leave to appeal and the application to lead further evidence were to be heard together by Msimeki J on 11 November 2008 when the matter was postponed sine die. These applications will now be reinstated to be heard together either during February 2009 or shortly thereafter. On the authorities including S v Ndweni and Others 1999(4) SA 877(A) the then Appellate Division as the precursor to the Supreme Court of Appeal has decided that if the new and further evidence is admitted the matter must be heard de novo. This means therefore that Msimeki J will hear afresh the matter that was heard by Judge Mynhardt on 27 March 2007 when he reserved his judgment. This means therefore that if the Court is also convinced about this fraud which was perpetuated against Judge Mynhardt and which fraud has not been denied under oath by the DOD, Mtshaulana SC and Ms Hassim the Court (Judge Msimeki) will be expected to set aside the Judge Mynhardt judgment of 07 May 2007. It cannot be therefore correct that even before the High Court has even considered thisfraud by Mtshaulana, SC and them [this is expected to happen in February 2009 or shortly thereafter] that it can be claimed lawfully that this Mtshaulana, SC fraud was considered by the Advocate Symon, SC Sub-committee."

2.9

With regard to paragraph 2.8 hereof and the relevant quotation therein the following must be noted:

2.9.1

the papers referred to therein will be amended to include in the alternative an application for rescission of judgment. This means therefore that the application for leave to appeal the said fraudulently obtained judgment of Mynhardt J of 07 May 2007 will be heard concurrently with the application to lead further evidence and the application for rescission. There will therefore be a direct attack on the said judgment of 07 May 2007 by means of an application for rescission of judgment. This rescission of judgment resonates with the rescission of judgment arising from a judgment obtained by misleading the Court as was the case when Mr Merret misled Niles-Duner AJ of the Durban and District Local Division on 28 March 1996. Mr Mtshaulana SC and Ms SK Hassim must also receive the same justice for committing the same offence the said Mr Merret did. Mr Merret was struck off the roll for misleading Acting Judge Niles-Duner. The same result must follow the aforementioned two (2) perpetrators for misleading Judge Mynhardt on 27 March 2007. This is not in dispute. Judge Mynhardt recorded it in his judgment how Mr Mtshaulana SC and Ms SK Hassim misled him. The Mynhardt J judgment has been furnished to both the JBC and the PSA. The Merret case is cited as SOCIETY OF ADVOCATES OF NATAL AND ANOTHER v MERRET 1997(4) SA 374(N) as more fully set out at pages 89 and 90 of the said Simelane's letter of 30 December 2008;

2.9.2

when considering the fraud as committed by the DOD, Adv PM Mtshaulana, SC, Adv SK Hassim and the aforementioned attorneys and legal advisors including the said State Attorneys of Pretoria it will be important to also consider the application of the principles of Fraud by Silence as enunciated in S v Western Areas Ltd & Others 2004(4) SA 591(W).

2.10 Simelane looks forward to hearing from Adv Gerrit Pretorius SC as soon as possible after considering Simelane's submissions herein. Simelane notes that the GCB was admitted at The Hague on 21 August 1948 as a full member of the International Bar Association. To the extent that it may be relevant Simelane places on record that in 1985 and while exiled in Lesotho where he had been granted political asylum Simelane was also admitted under the name Bheki Simelane [the name 'Bheki' was also Simelane's nom de guerre] to full individual membership of the International Bar Association (IBA). This may also mean that the IBA may be seized of a matter concerning the GCB and Bheki Simelane.

Pretoria Society of Advocates (PSA)

3.1

Adv Pat Ellis SC, Convenor: Professional And Ethics Committee, PSA, addressed a letter, "Our ref. 05/09", and entitled "COMPLAINT AGAINST ADV SK HASSIM" dated 27 January 2009 to Simelane and which letter reads as follows:"I am in receipt of your complaint against Adv SK Hassim and Adv PM Mtshaulana SC. As only Adv Hassim is a member of this Society, the matter will be investigated only in so far as the allegations against her are concerned, since the Johannesburg Bar has jurisdiction over its own members. Adv Hassim has been requested to respond to the complaint and you will be kept informed of the progress of the investigation." [the emphasis is mine]

3.2

Simelane would also like to draw the attention of the PSA to the GCB's comments in paragraph 1 above and especially at the said sub-paragraph 1.4 hereof.

3.3

In view of 3.2 above:

3.3.1

Simelane looks forward to receiving Adv Hassim's answer to his complaint and for Simelane to also reply thereto; and

3.3.2

Simelane looks forward to a formal hearing of the matter and wherein Simelane as a complainant will participate with the full rights of a litigant in either a

civil matter or a matter sui generis.

3.4

It would be tantamount to unfair discrimination in violation of the Constitution in Simelane's view if investigations were to proceed against Adv Hassim only and to the exclusion of Adv Mtshaulana SC under the watchful eye of the GCB for the reason that Mr PM Mtshaulana SC is either:

3.4.1

'well connected' at high places and in the corridors of power; or

3.4.2

above the law and the Constitution; or

3.4.3

the serving Chairperson of the GCB; or

3.4.4

like Julius Caeser: "He doth bestride the world like a colossus and we pity men walk about his huge legs to find ourselves dishonourable graves"

The Law Society of the Northern Provinces

4.1

The Simelane affidavit of 03 January 2009, the annexed letter of 30 December 2008 and the subsequent letter of 16 January 2009 were all e-mailed to Ms MM Malatji, Head: Disciplinary Department at the Law Society of the Northern Provinces (LSNP).

4.2

To date the LSNP has not yet reported on progress to Simelane regarding Simelane's complaint against certain attorneys and State Attorneys as more fully set in the documents referred to in 4.1 above.

4.3

It is hoped that the LSNP will note that justice delayed is justice denied and will also decide to seize the moment and act in terms of its statutory obligations.

The Judicial Service Commission (JSC)

5.1

Complaint Against Judge Bertelsmann and Judge Ledwaba

5.1.1

The complaints by Simelane against Judge Ledwaba are serious as more fully set out in Simelane's affidavit dated 01 December 2006. With regard to Judge Ledwaba's dishonesty and gross incompetence Simelane states the following in paragraph 3.2 of his said affidavit of 01 December 2006:

"3.2 His Lordship Mr Justice Ledwaba was dishonest and grossly incompetent when he partly handed down a favourable judgment on 10 July 2006 in Case No. 18153/2006 as per the above "BQPS 35" but instead signed and circulated on 25 September 2006 as per the above "BQPS 38" a judgment with wrong parties not belonging to Case No. 18153/06 and which judgment is in conflict and in contradiction to the previous judgment as per the said "BQPS 35" [the two (02) conflicting judgments in one and the same matter involving Simelane as per "BQPS 38" and "BQPS 35" were furnished to the JSC. One judgment was in favour of Simelane and the other against. Apparently through the influence of Adv PM Mtshaulana SC the one Ledwaba J judgment against Simelane ultimately became the judgment that was implemented. See also paragraph 7.15, page 58 of the said Simelane letter dated 30 December 2008].

5.1.2

The complaints by Simelane against Judge Bertelsmann are serious as more fully set out in Simelane's affidavit dated 01 December 2006. With regard to Judge Bertelsmann's improper conduct in undermining the administration of justice Simelane states the following in paragraph 4.1 of his said affidavit of 01 December 2006:

"4.1 The failure or omission or neglect or refusal by His Lordship Mr Justice Bertelsmann sitting asa single Judge of the High Court on 04 October 2006 to respect and recognise the court order which is clear, unambiguous and written in simple English by His Lordship Mr Justice Seriti also sitting as a single Judge of the High Court on 27 January 2006 as per the above "BQPS 23" undermines the administration of justice and the values upon which the Republic of South Africa is founded as contemplated in Section 1 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) ('the Constitution') and is therefore unprofessional, opprobrious and disgraceful conduct" [It must also be noted that Judge Bertelsmann was also in this regard coerced by Adv PM Mtshaulana SC to act unprofessionally and unlawfully by disobeying the said court order of Judge Seriti because Judge Seriti had reinstated Simelane and the order of reinstatement ran contrary to the orders of Adv Mtshaulana SC's comrades in the SANDF responsible for the "fraudulent and corrupt scheme" that demoted Simelane in 1996 from Level 15 to Level 12 and had ordered that Simelane must leave the SANDF with effect from 30 November 2005 in breach of Simelane's contract of service. Mr Mtshaulana SC was therefore constrained to keep Simelane away from the SANDF by hook or crook in order to please his said comrades, namely, the said members of the 'fraudulent and corrupt scheme'. This was Mr Mtshaulana SC's motive in Simelane's respectful submission in coercing Judge Bertelsmann to act unlawfully and unprofessionally as he did and in disregarding the court order of His Brother

Mr Justice Seriti. Mr Mtshaulana SC had an obvious conflict of interest in representing his said comrades of the said 'fraudulent and corrupt scheme'. It is in fact the same conflict of interest and motive that prompted Adv Patric Mtshaulana SC to brazenly mislead, with the assistance of Adv SK Hassim, Judge Mynhardt on 27 March 2007 when judgment was reserved and the same handed down on 07 May 2007. It behoves to be placed on record also that Judge Bertelsmann has to date hereof failed to produce a written judgment based on his ex tempore judgment handed down in court on 04 October 2006 and which written judgment is required to assist in resolving Simelane's complaint against him.

5.1.3

During February 2007 Simelane received a letter dated 07 February 2007 from Mariska van Zweel, Judicial Service Commission: Office of the Chief Justice entitled, "COMPLAINT AGAINST JUDGE BERTELSMANN AND JUDGE LEDWABA" and which letter reads as follows:

"I wish to acknowledge receipt of your complaint dated 01 December 2006. Your letter of complaint against Judge Bertelsmann and Judge Ledwaba has been referred to the Judge President of the Transvaal Provincial Division for comment. This matter will be considered by the Judicial Service Commission." [the emphasis is supplied]

5.1.4

To date hereof Simelane has not been furnished with a copy of the official comment by the Judge President of the Transvaal Provincial Division for perusal as more fully set out in the above quoted letter dated 7 February 2007 and to enable Simelane to make a supplementary submission thereon to the JSC, if need be.

5.1.5

During April 2007 Simelane received a letter dated 20 April 2007 from Vuyelwa Masangwana, Secretary to Judicial Service Commission entitled "Complaint by Col BQP Simelane against Revelas, Bertelsmann and Ledwaba" and which letter reads as follows:

"At its meeting that took place in Cape Town on 12 April 2007 the Judicial Service Commission decided to defer this complaint to its next sitting.

The Commission has referred the complaint to the Judges for comment and is still waiting for responses from the Judges concerned." [the emphasis is mine]

5.1.6

As at the date of this letter i.e. 15 March 2009 Judge Bertelsmann and Judge Ledwaba have not submitted their written comments or affidavits to the numerous serious charges against them as contained in the said Simelane Affidavit dated 01 December 2006 and as required by the JSC in terms of its decision taken on 12 April 2007 as more fully set out in the above quoted letter dated 20 April 2007. The disciplinary process against Judge Bertelsmann and Judge Ledwaba can not, in the interest of justice, be kept in abeyance ad infinitum. As soon as the JSC has received their written comments and affidavits the same must be furnished to Simelane to enable him to reply thereto before any decision on the matter is taken. Simelane must also be given an opportunity to make oral submissions on a legal argument before the JSC. Simelane needs to know why Judge Ledwaba wrote two (02) judgements in his matter as hereinbefore outlined and the role played by Adv Mtshaulana SC in causing Judge Ledwaba to jettison the judgment that was in favour of Simelane as more fully set out in paragraph 7.15 page 58 of the said Simelane letter dated 30 December 2008. The same holds of Judge Bertelsmann who must now produce a written judgment handed down ex tempore on 04 October 2006 which is signed and wherein he explains in detail the role played by Adv PM Mtshaulana SC in influencing him not to respect the judgment of Seriti J handed down on 27 January 2006 and which order was final since the matter is not on appeal. Surely the courts of South Africa cannot be run mafia style and where there is a Senior Counsel who roams about to either mislead the Superior Courts of this country with impunity or puts undue influence on the Judges as it appears Mr Mtshaulana SC's licence permits him to do.

5.2 Complaint Against Judge E Revelas

5.2.1

The complaints by Simelane against Judge Revelas are serious as more fully set out in Simelane's affidavit dated 01 December 2006 and in a supplementary affidavit dated 20 January 2007. The serious complaints against Judge Revelas include her acceptance of an unauthorised gratification from Adv Mtshaulana SC and her rendezvous with Mr Mtshaulana SC in her Judge's Chambers shortly after she had reserved her judgment in the late afternoon of 08 December 2006. This episode is explained as follows at paragraph 7.1 of Simelane's supplementary affidavit dated 20 January 2007:

"7.1 After the said Mr Mtshaulana was done of his said unauthorised gratification the said Honourable Judge informed the parties and their representatives that they were free to leave the court room and that they should not mind the said Honourable Judge who will be remaining in court to complete her unfinished business. As some of us were collecting our files to leave the court the said Mr Mtshaulana was heard informing the Judge that "I will not leave the court room while the court is still in attendance" or words to that effect. My eldest daughter who is also a lawyer and business woman and was also in court and had come to attend the hearing was also puzzled by such comments directed at the Presiding Judge by the said Mr Mtshaulana. The upshot of these comments by Mr Mtshaulana was that the said Honourable Judge vacated the court room in haste as though she was under a spell or incantation by the said Mr Mtshaulana and she was apparently rushing to the direction of the Judge's Chambers. The said pretext of getting the said Honourable Judge back to her chambers especially after the said unauthorised gratification worked like a fist in glove for Mr Mtshaulana. Such a meeting in the Judge's Chambers between the said Honourable Madam Justice E Revelas and Mr Mtshaulana shortly after the judgment had been reserved and following upon the said unauthorised gratification was an act of corruption by the said Honourable Judge and in contravention of the relevant provisions of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004) especially section 8 thereof." [The judgment handed down by Judge Revelas on 20 December 2006 reveals a copious copying from Mr Mtshaulana's heads of argument and a verdict in terms of those heads. The said unauthorised ratification and a quick one in the Judge's Chambers after the judgment had been reserved played the trick for Adv Mtshaulana SC. Nowhere in her judgment did Judge Revelas refer and engage Simelane's heads of argument. So much for this judgment.]

5.2.2

During May 2007 Simelane received a letter dated 15 May 2007 from Vuyelwa Masangwana of the Judicial Service Commission entitled "COMPLAINT AGAINST JUDGE E REVELAS" and which letter reads as follows:

"Please find attached hereto Judge E Revelas' answer to your complaint lodged against her. Kindly let me have your comments thereto." [the emphasis is supplied] [The said answer was a simple letter and not an affidavit as required since Simelane's complaint was also by means of an affidavit.]

5.2.3

In the answer to Simelane's complaint by letter dated 11 May 2007 Judge Revelas also tried to deny her rendezvous with Mr Mtshaulana after the judgment had been reserved as aforesaid. In Simelane's affidavit of 16 May 2007 especially at pages 17-19 thereof it is recorded that on 26 April 2007 on the hearing of the application for leave to appeal Mr Mtshaulana SC admitted to Simelane in the presence of Adv Luvuno that he indeed dashed to the Judge's Chambers on the said 08 December 2006 to meet Judge Revelas alone. On this particular day i.e. 26 April 2007 Mr Mtshaulana, Mr Luvuno and Simelane had meant to go and introduce themselves to the Judge before the hearing. The three (3) were walking in a file to the Judges' Chambers without an

appointment and unbeknown to them that a security officer had since been appointed to guard that route. This security officer interrogated Mr Mtshaulana who was in front as to what he wanted like the previous occasion in the Judges' Chambers. Mr Mtshaulana was worried to the point of shivering and stuttering when he discovered that his dash of 08 December 2006 was public knowledge. On this 26 April 2007 the security officer chased the three members away and they returned to court without greeting Judge Francis who was to preside as they had not been invited. In view of Simelane's complaint against Judge Revelas the Judge President had since appointed Judge Francis to hear the application for leave to appeal. At paragraphs 22.2.5 and 22.2.6 pages 18 and 19 of Simelane's said affidavit of 16 May 2007 Simelane recounts Mr Mtshaulana's important admission after returning to court as follows:

"22.2.5 At Court 1 I went to stand next to the microphone on the right where I could sit and rise to address the Court when the matter commenced. Mr Mtshaulana was standing next to the microphone on the left and where he would sit and rise to address the Court. Mr Luvuno was seated in between ourselves but nearer to the seat which was to be occupied by Mr Mtshaulana.

22.2.6

At that time Mr Mtshaulana bent to rummage [through] his brief case which was on top of his seat. As he was rummaging in his brief case I heard him rumbling to the effect that "Even the security staff know that I went to the Judge's Chambers last December after the court hearing?" This was in reference to the 08 December 2006 incident when Mr Mtshaulana clandestinely waylaid Judge Revelas in her Chambers around 04:30 pm and after the Judge had reserved judgment and had been coerced by Mr Mtshaulana to revert to her Chambers. I retorted by telling Mr Mtshaulana that "Look! The security man is just doing his job." Mr Mtshaulana's reaction was to immediately stand up straight and looking at me asked "How come everybody knows I went to the Judge's Chambers?" This time I decided to answer Mr Mtshaulana in IsiZulu, which is my mother language and said "Ngisho notshani buyakhuluma" which literally translates to say "Even the grass speaks". This time Mr Mtshaulana kept quiet ending the discussion. I had expected Mr Mtshaulana to answer back and say "There was no grass in Madam Judge Revelas' Chambers in the late afternoon of 08 December 2006." Indeed, one can say it loudly now that "Even the grass speaks".

22.2.7 The aforementioned Simelane affidavit of 16 May 2007 was furnished to Adv S Symon SC in reply to the said Mr

Mtshaulana's answer by letter dated 19March 2007. It was also given to the JSC as a reply to Judge Revelas’ answer dated 11 May 2007. Neither Judge Revelas nor Mr Mtshaulana SC could in the wake of this recounted admission by Mr Mtshaulana SC deny under oath that their rendezvous of 08 December 2006 in issue did not materialise.

22.2.8

It boggles Simelane’s mind that the authorities accompanied by the media hype appear to be pursuing Judge President Hlophe where it is alleged that the JP obstructed the course of justice by influencing certain Judges of the Constitutional Court who were still considering a judgment relating to the President of the ANC. We are not shown any written submission by the JP that seeks to influence the CC. on the other hand the JSC has failed, as demonstrated above to pursue the cases of Judges Bertelsmann, Ledwaba and Revelas which were lodged in 2006 and the same also include complaints relating to obstructing the course of justice. Surely these Simelane complaints are also serious. Does the status of the complainant really matter to getthe JSC working?

(SIGNED with date insertion thus: 16/03/09, 05.55 pm)
BHEKUMNDENI QEDUSIZI PENUEL SIMELANE
(aka Bheki Simelane)
COMPLAINANT

FOR ACTION (Executive)
President Kgalema Motlanthe and in his capacity as Commander-in-Chief of the SANDF in terms of Section 202 of the Constitution
e-mail: thandi@po.gov.za

e-mail: thabo.masebe@po.gov.za
e-mail: sello@po.gov.za

Mr Charles Nqakula, MP
Minister of Defence
e-mail: mod@mil.za

Acting National Director (NPA)
e-mail: jdschmidt@npa.gov.za

Prof Stanley Sangweni
Chairperson
Public Service Commission
e-mail: wilnas@opsc.gov.za

Chief Litigation Officer
Ministry of Justice and Constitutional Development
e-mail: lvilakazi@justice.gov.za

Mr Enver Daniels
Chief State Law Adviser
e-mail: edaniels@justice.gov.za

FOR ACTION (Political parties ito section 224(2)(c) of
the Interim Constitution)
Cde Gwede Mantashe
Secretary General
African National Congress
e-mail: nmtyelwa@anc.org.za

Cde Blade Nzimande
Secretary General
South African Communist Party
e-mail: vuyiswa@sacp.org.za

Cde Senzo Mchunu
Provincial Secretary (KZN)
African National Congress
e-mail: kznpa@anc.org.za

Cde Themba Mthembu
Provincial Secretary (KZN)
South African Communist Party
e-mail: richard.mthembu@umgeni.co.za

Cde Lyne Vonkwyn
Chairperson
Barney Tlou Branch (SEJV)
African National Congress (Tshwane)
e-mail: pmatlala@ul.ac.za

FOR ACTION (Trade Unions)
South African Security Forces Union
e-mail: bwmvovo@gmail.com

South African National Defence Union
e-mail: mosimammpf@webmail.co.za

Black Allied Workers Union (SA)
e-mail: steven.mondlane@sanlam4u.co.za

FOR ACTION (Instructing Attorneys)
Barend Burgers Attorneys
e-mail: barendb@bbatt.de

Rantho Monama Attorneys (TRC)
e-mail: ranthomonama@webmail.co.za

FOR INFO (Professional bodies)

Cape Bar Council
e-mail: cbc@law.co.za

KZN Bar Council
e-mail: kznbar@law.co.za
e-mail: robgriffiths@pixie.co.za

Free State Bar Council
e-mail: fsbar@law.co.za

Law Society of South Africa
e-mail: mmabatho@lssa.org.za

Natal Law Society
e-mail: info@lawsoc.co.za

Black Lawyers Association
e-mail: info@bla.org.za
e-mail: andiswa@bla.org.za

Free State Law Society
e-mail: prokorde@fs-law.co.za

Cape Law Society - Ref Pend Simelane/ Oct 08 (130) MM
e-mail: cls@capelawsoc.law.za

FOR INFO (Senior Counsel)
Adv NM Arendse, SC
e-mail: narendse@law.co.za

Adv R Bedhesi, SC
e-mail: bedhesi@duma.nokwe.co.za

Adv JW Eksteen, SC
e-mail: jeksteen@isat.co.za

Adv PF Louw, SC
e-mail: gjkotze@mweb.co.za

Adv IV Maleka, SC
e-mail: ivmaleka@mweb.co.za

Adv GJ Marcus, SC
e-mail: dorothy@law.co.za

Adv SJ Maritz, SC
e-mail: lawbuff@law.co.za

Adv PM Mtshaulana, SC
e-mail: mtshaula@duma.nokwe.co.za
e-mail: gcb@cis.co.za

Adv SA Nthai, SC
e-mail: pnthai@lawcircle.co.za

Adv DB Ntsebeza, SC
e-mail: ntsebeza@mweb.co.za

Adv MD Southwood, SC
e-mail: southwood@yebo.co.za

Adv RT Sutherland, SC
e-mail: roland@law.co.za

Adv S Symon, SC
e-mail: symon@counsel.co.za

FOR INFO (Junior Counsel)

Adv SK Hassim
e-mail: hassim@law.co.za

Adv SM Lebala
e-mail: simmyleb@law.co.za

Adv Thabani Masuku
e-mail: tmasuku@law.co.za

Adv Imraan Moosa
e-mail: moosai@telkomsa.net

Adv V Ngalwana
e-mail: vngalwana@vodamail.co.za

Adv R Venter
e-mail: rventer@law.co.za

FOR INFO (Media)
jack@noseweek.co.za

mkhabelam@sundaytimes.co.za
vuyile@hairnutrition.co.za

nkulimgodi@yahoo.com
phephile@actuate.co.za
hawkeyk@sundaytimes.co.za
malefanem@sundaytimes.co.za
mzulu@media24.com
carmelr@iafrica.com
dumisane.lubisi@citypress.co.za
karyn.maughan@inl.co.za
editor@noseweek.co.za
info@mg.co.za
letters@mg.co.za
news@citypress.co.za
mxo@telkomsa.net
yasminomar@vodamail.co.za
rossouw@bdfm.co.za
mzilikazi@sundayworld.co.za

FOR INFO (Others)

Lawyers for Human Rights
e-mail: jacob@lhr.org.za

Zimbabwe Exiles Forum
e-mail: zimexilesforum@gmail.com

Hulley & Associates Inc
e-mail: michael@hulley.co.za

Manyanya Phiri
e-mail: manyanyaphiri@gmail.com

Ngubane & Partners
e-mail: info@ngubaneinc.co.za
e-mail: njabulo@ngubaneinc.co.za

Von Klemperers
e-mail: julian@vonklemperers.co.za

Wagener Muller Attorneys
e-mail: wagenerj@law.co.za

St Andrews Presbyterian Church
e-mail: standrews@xsinet.co.za

Ethics Institute of South Africa
e-mail: annelize@ethicsa.org
e-mail: mandy@ethicsa.org
e-mail: willem@ethicsa.org

Institute of Security Studies
e-mail: pgastrow@issafrica.org
e-mail: pmashele@issafrica.org
e-mail: hvanvuuren@issaftica.org

Institute of Race Relations (SAIRR)
Prof Sipho Seepe
President
e-mail: sipho_seepe@yahoo.com

Chief Executive Officer
Mr Kane-berman
e-mail: ceo@sairr.org.za

Marius Roodt
Researcher
e-mail: mroodt@sairr.org.za

Government Employees Pension Fund (GEPF)
e-mail: barnard.rakimane@gepf.co.za

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JACOB ZUMA SHUTS DOWN PHIRI SALARY WITHOUT PROVOCATION

AS OF NOVEMBER 1 2014 I WILL BE PUBLISHING WHATEVER I SHALL HAVE PERSONALLY FOUND OUT BEHIND ZUMA'S UNCONSTITUTIONAL REASONS FOR MY SALARY SHUTDOWN

THE SEPTEMBER JUDICIAL CALLS FOR EXPLANATION MADE TO JACOB ZUMA SANDF MINIONS IN VAIN

Lawyers' emails are going unanswered by the SANDF, as to over why the Goodman Manyanya Phiri suspended by Jacob Zuma and Zuma's Ombudsman Temba Templeton Matanzima at gunpoint in 2010, is not getting paid as of 15 September 2014.

Even phonecalls by same lawyers of Phiri's (LIPCO) will sometimes get an SANDF Human Resources Person saying something like ["I have got the system in front of me here but I may not check for Phiri"]

Phiri has gone into the war footing over the situation and threatens to walk into someone's SANDF Human Resource office next week to personally find out why he, and his 4-year-old daughter over whom he is single-parenting after an amicable divorce last year, are being starved and possibly set for sequestration by Phiri's ABSA Bank as G.M. Phiri Savings Account Number 9074472391 (unless Phiri gets paid tomorrow the 15th) has been by Zuma's nameless commander been starved of R70,000 which is Phiri's legal salary).

Nothing has been told Phiri why his salary has been stopped. Phiri's Zuma-supported enemies in the SANDF know Phiri's official residence in Lyttelton (or at least they knew it when they in 2010 sent 6 heavily-armed military policemen for the purpose clearly of mowing down Phiri). Thererefore, and very surely, IF THERE IS ANY COMPLIANCE LIEUTENANT COLONEL GOODMAN MANYANYA PHIRI HAD TO COMPLY WITH IN ORDER TO MAINTAIN HIS OWN SALARLY RECEIPT, communication should have (where other commununication media might have failed) been sent to Lyttelton Residence.

This did not happen. And everything spells malice!

Clearly there is malice prepense here, but Phiri's LIPCO lawyers will continue sending more emails to the SANDF to inquire, phoning some more, until the truth outs as to WHO ORDERED PHIRI SALARY SHUTDOWN AND FOR WHAT REASON TO THE EXTENT OF NOT FOLLOWING SOME PROCEDURES BEFOREHAND?.

LIPCO, whose VIP-card-carrying member Phiri is, is a powerful mediation tool for soldiers in South Africa. And a team of three LIPCO mediators are working on the Phiri issue right now, namely Ms Ilke Bosman, Mr Byron Govender and Mr Ayanda Mahlangu. The threesome are for Phiri kaleidoscopical specimen of South Africa's Rainbow Nation and Phiri is confident they will break this new deadlock and clear provocation on the part of politically-embattled Mr Jacob Zuma and Minions in his SANDF. For that matter, Jacob Zuma must answer about his Nkandla Homestead and not start shutting down colonels' salaries without any apparent reason.

Who does not know it that Phiri was suspended by Zuma because of writing about corruption in Zuma's own SANDF and Department of Defence? But Phiri argues that he has for about a year now written absolutely nothing negative about Jacob Zuma, and in fact written about nothing else whatsoevr in the past 6 months or so. And so Phiri's conclusion is that Mr Zuma is a clear desperado if to order someone in his SANDF kick a dog lying down like Phiri has been turned into, for the past four years of suspension by Zuma and Matanzima.

Alternatively Mr Zuma is simply unamenable and intolerant to a peaceable relationship with his fellow citizen, Phiri: Zuma thinks he is God. But now Phiri will be walking into Zuma's Army offices next week, if Phiri's salary matter is not remedied with speed. Let Zuma capture Phiri and murder him, if that is the intention and trap behind the salary shutdown. Phiri will walk in there with military police for company as orders stand. But if Phiri should be reported disappeared after Zuma's minions shall either have murdered him (which has always been the intention anyway)...

....If that happens, please phone the Team of Three Lipco lawyers as aforementioned on +270118312700/0118312700, email the Chief Mediator among the three LIPCO lawyers (ilkea@lipco.co.za OR 24 HOURS DIAL LIPCO EMERGENCY NUMBERS 0825682676/0825541116

It is high time Mr Jacob Zuma was taught the lesson that South Africa is a constitutional republic and not some exile camp in Tanzania, Mozambique, or Angola where the Zumas were torturing and murdering fighters who opposed their excesses and corruption.

Phiri has been buoyed by friends and relatives who have been supporting him and his daughter, Tamara 4, for the past 30 days of starvation by Mr Jacob Zuma. I have been particularly touched by two Pretorians (a senior male white military officer, a black attorney (who works like a dynamo in his own practice), as well as a housemother and owner of a big creche) who have all come forward for the adoption of Tamara just in case Zuma kills Phiri. Papers and affidavits are already afoot in order for me to grant my daughter to one of those potential adopters. The mother of my child has after the divorce gone missing in her own motherland, the Kingdom of Swaziland and has over 15 months now never even bothered to come and see her own daughter.

If anybody reading this would like to help me, I am begging (but never, as an officer, grovelling or supplicating) just deposit any amount into my Savings Account (ABSA) Number 9074472391, G.M. Phiri. It will be highly appreciated because I doubt very much if Zuma's minion or two who ordered my salary shutdown will change their minds on 15 October 2015: these are dyed-in-the-wool goodfornothings who got too used to exile tactics of toadying up to autocratic leaders like Zuma and as such, there is no way without Zuma's sayso that they will reverse my salary shutdown.

The alternative to your help, my readership, is frightful: I will be sequestrated by the banks.

Thanks in advance, but apologies for any grammatical errors: I had no chance to revise this as I am working from an Internet Cafe in Pretoria.

INTRODUCTION TO SIMELANE

Some legal terms you may be doing yourself a favour of self-familiarisation with from from blog author's understanding, a layman
(EVEN BEFORE YOU TRY TO UNDERSTAND BHEKI SIMELANE)

res iudicata/res judicata = a matter already judged; A thing ajudged: Once a case has been finally decided upon by a Court the decision stands, the same parties cannot attempt to raise the issue again, by or during further proceedings

sine die = Without a day: A hearing adjourned sine die stands open indefinitely without a further hearing having been decided on

rule nisi= A rule nisi is an interim order granted by a court, often in the absence of the person against whom the relief is being sought, calling upon the person to give reasons on (or before) a date specified why a final order, as specified in the rule nisi, should not be granted. Rule nisis are often used in urgent applications, for example, interdictsI. A rule nisi might read:

A rule nisi is granted calling upon the respondent to show cause, on or before Monday 2 April 1996 at 10h00 or so soon thereafter as counsel may be heard, why a final order should not be granted:

PRIVILEGES AND COPYRIGHT

I am privileged to have come to know Simelane. I am humbled even as I arrogate to myself to write something about a great man largely despised just as practically all greats, Galileo Galilei, Shaka Zulu, Jesus Christ, Aesop The Fabulist, all men and even women, history teaches us, who would be despised and even persecuted at the beginning of their great careers and even at the end, too often to death all for the peculiarity of their thinking process vis-a-vis the larger populace.

I am particularly sensitive to the last bit on this column where Simelane talks about his political upbringing in KwaZulu-Natal Province of the Republic of South Africa.

I as the Blog Author am once again expressing my sense of privilege in reproducing all of this on my niche of cyberspace, word-for-word.

Having expressed my personal mirth at reproducing Simelane's penmanship on-line (or what little of it I can succeed to reproduce in my limited time): seeing that I am writing about a lawyer here, I will attempt my little grasp of the law.

NONE OF THE WORK ON THIS BLOG MAY BE USED WITHOUT THE EXPRESS PERMISSION OF BHEKI SIMELANE THE AUTHOR OR WHERE HE IS NOT ACCESSIBLE, THE EXPRESS PERMISSION OF HIS ERUDITE AND SCHOLARLY AND VERY SEVERAL CHILDREN INCLUSIVE OF ADVOCATE MENZI SIMELANE.

NELSON MANDELA'S AND SUCCESSORS' FAVORITISM AT THE ROOT OF SIMELANE'S UNHAPPINESS

My understanding of Colonel Bhekumndeni Qedusizi Penuel Simelane's struggle for personal justice and for others particularly in South Africa's military is that it emanates from Mr Nelson Mandela (the First Coloured State President of the Republic of South Africa) and that 'black' oligarch's blatant disregard for a certain and indubitable tenet in what was then South Africa's Interim Constitution around 1996 (Let the lawyers and hair-splitters go and find that tenet where I am a mere scribe and letter lover never to be hamstrung by the intricacies of the law and its legalese).

However, that tenet clearly enunciated that [the first chief of the South African National Defence Force from the formerly-oppressed natives of South Africa, as having been so valiantly defended and freed per championship of, in particular the heroic African National Congress and its sister organization the Pan Africanist Congress of Azania HAD TO BE THE REQUISITELY-EDUCATED AND LONGEST SERVING CADRE FROM THIS BROAD LIBERATION MOVEMENT'S MILITARY WINGS'].

Now as reader of my new blog you are going to guess what?

THAT PARTICULAR CONSTITUTIONAL 1996 DIRECTIVE TO MANDELA, MANIFESTED IN FLESH, WOULD HAVE BEEN NOBODY ELSE BUT MR. BHEKI SIMELANE!

Naturally, Mandela, a demigod well above the national constitution in the eyes of comparatively under-educated Nation South Africa, ignored that tenet and elected to go for his blue-eyed boy, one Mr Siphiwe Nyanda, who not only dismally failed as leader of the democratically erected SANDF (and and very equally so even subsequently while serving as Zuma's Minister of Communications), but under his chiefship, the SANDF officer-corps us became the laughing stock of the general population:

sex for promotion,

lack of fitness both mental and physical,

negligence and damage to state property most of which went with impunity depending which tribe member committed the offence,

Mandelasque-Xhosa tribalism championed by posts for Mandela's relatives and for fellow-tribespeople from his Eastern Cape Province who speak Mandela's IsiXhosa Language,

black racism in general where hard-working white individuals were dragged down and constructively dismissed in order to make way for Mandela's mediocre relatives and fellow tribespeople to become the most senior generals of the SANDF,

officer drunkenness on the job,

and all other imaginable types of profligacy unbecoming of the status of an officer.

WHISTLE BLOWERS
FIRMED SIMELANE'S HAND

Even though Simelane has been essentially fighting his own personal battle for promotion to what was his requisite rank per his expected interpretation of the Constitution the above-mentioned acts of wantonly poor discipline by wayward generals, colonels, majors, captains and lieutenants (as led by a Nyanda who himself was whispered in the army corners as having at least twice involved himself in too scandalous a behavior for a senior military officer), DID LEND SIMELANE'S PERSONAL STRUGGLE MACHINE A LOT OF GO SOME OF WHICH FUEL WAS STOLEN BY THE LIKES OF GOODMAN MANYANYA PHIRI.

I MEAN, WHISTLE BLOWERS; VICTIMS OF PERSECUTION BY MANDELASQUE-XHOSA TRIBALISM IN THE ARMY; AND OTHER SOLDIERY TURNED BY THE ZUMAS INTO SUB-HUMANS FOR NO REASON EXCEPT THEIR RACIAL OR TRIBAL IDENTITY (INCLUDING BLOG AUTHOR) TAPPED ASSIDUOUSLY INTO SIMELANE'S INDEFATIGABLE LEGAL DYNAMISM IN ORDER TO DEFEND OURSELVES FROM PERSECUTION CHARGES THAT NYANDA'S ARMY LEADERSHIP FROM TIME TO TIME METED OUT TO THOSE WHO DARED SAY "No To This Military Rubbish The Army Is Being Turned Into By This Man Nyanda".

Simelane's hand lent to the weaker of Nyanda's SANDF ipso facto also lent itself to the laws of the Cosmos that inexorably turned it into one of Hercules' himself.

It was as if Lamp Simelane was not swarmed by Moths Us.

It was as if that lone light in the darkness of Nyanda-Mbeki SANDF was kissed by a million fireflies that galvanized even the very lampshade under which we were hiding, strengthening everything in that torch all for a better execution of Simelane's own personal struggle against the Nyanda-Mbeki leadership of the SANDF. This man continued to do that all despite a piling up of persecution measures aimed at silencing him from demanding what is his personal right.

SIMELANE AND OTHERS LIKE HIM SUFFER THE SAME FATE IN THE HANDS OF A PREDICTABLE OLIGARCHY SPAWNED BY ROBBERN ISLAND PRISON AND THE CAMPS OF EXILE

Those draconian measures aimed at smothering Simelane's voice came from the military of course. But as you know that in any state if you touch the politically-connected most senior military leadership (or even one individual thereof), you touch the entire oligarchy!

They will plan.

They will whisper.

Text messages, phonecalls, Whatzap, email, tweets, Facebook inbox, Skype messages will swish through the stratosphere ALL ABOUT YOU, IDIOT!

They will confabulate.

They will conspire.

The will strategize

Yes indeed: they will lure you;

ONE TOO MANY PROSTITUTE IN UNIFORM

Petite and skimpily-dressed married female officers, for sure piqued by their own coffee, Boeretroos or 'The Comfort-giver for the Boer Nation' will come uninvited into your office when you are still on your morning tea (bless the English for popularizing this more innocent Chinese beverage).

You will be surprised as such a lady (or so-called lady), bangs your office door shut behind her; starts embracing you with her mouth seeking your mouth while making declarations of endless love for you who never courted such in the first place.

Of course, if you are smart in the brain, and your brawn sporing fitness in the right muscles and not that wrong one which has caused just too many men a fall from grace if not straight to the grave, you will push that military tart hard off your body; you will rush for your reopened door even as she pleads: Phiri I like your fitness, eish you push very hard with that lithe but wiry body of yours, I like your moral sturdiness o what a man.

A COCKTAIL OF MORE PERSECUTION MEASURES

And if that fails to entrap you...

They will ignore court orders in your favour in particular and sniff at the rule of law in general telling you the blatant lie that "You Are A Soldier; And The Laws In The Constitution of The Republic Do Not Apply To You At All." Yet when one of their own is accused of fondling and sexually-harassing a employee at the South African Embassy in Sweden, they will appeal for every nitty gritty to be found in the South African statutes all in order to spring him free of an otherwise sure dismissal from an erstwhile-Nyanda-commanded SANDF that, at least on paper, frownE on sexual harassment especially when the perpetrator is not from Mandela's ethnic group!

Now they will suspend you.

They will put you to early and unwarranted pension.

They will orchestrate even a hit against you at the pretense that 'you were trying to shoot at the military police officers when they had come to your house to stop you from blogging' (about the ongoing rot in Army as led by Zuma and predecessors).

At the behest of Zuma, they will open fresh albeit baseless charges against you just to fix you, see you squirm in frustration, and finally see you sink yourself in your own pool of alcohol, particularly where you, like Phiri (no underestimation to the inestimable value Maternal First Cousin Father Smangaliso Mkhatshwa as a relative has been to Phiri simply by his mere existence even though I for my own weaknesses have failed to communicate with him for over a year now), YOU ARE WITHOUT GOOD SUPPORT SYSTEMS SAVE YOUR SPOUSE AND CHILDREN! You shall become an alcoholic, I tell you! And one day you shall be found dead from cirrhosis of the liver, madness from brain cells constantly swimming in alcohol, or even mincemeat returning home in your place with you having walked yourself under a speeding bus all because of your drunkenness.

You want my advice?

IT IS HIGHLY UNRECOMMENDED TO STAND AGAINST POWERFUL MEN AND WOMEN UNLESS YOU EITHER HAVE A DEATH WISH OR YOU HAVE FAITH THAT GOD IS ON YOUR SIDE COME WHAT MAY!

CHARACTER ASSASSINATION

Since you have circumvented all their pitfalls and defied all their stratagems so far; now, over and above treating your like a pariah, they will poke fun at you, gossip to your friends about you.

You will be referred to as a 'a madman or a madwoman, a psycho obsessed with writing and a person not to be taken seriously'.

In that respect, and very naturally too, outside oligarchs' high-rise office doors will stand the masses, ears cocked and mouths aerated crackling dry from talking what they have no clue about. It is a general public who too often along these shores of Africa still struggles with the act of waking up from the hangover and stupor of Apartheid. A people in many respects still pinched by the wings within the tweezers of a Verwoerdian social engineering experiment now perfected by a Nelson Mandela who says:

[It Is Not The Boers Who Are South Africa’s Super Race, Hey, It Is The Blacks Who Speak My Mother Tongue, Isixhosa; And They Shall Lead This Society, You Hear Me My Boy Jacob?]

Jacob Zuma: [Loud And Clear, ‘Father Of The Nation’]

Mandela: [Good Zuluboy!]

This happens among one of Africa's most heroic people, yet a nationwide daze encapsulated by lack of education for natives who, rather than studying, are currently glued on TV screens to watch soapies glorifying extra-marital sex and hear adverts deifying Nelson Mandela. Prior to the advent of TV there were other forms of this mental programming for well over 70 years now.

You may think you have escaped the dragnet by avoiding TV; and your are right, if you are an ordinary citizen.

However, if you are a marked man or woman, the political prostitutes too often misidentified as spin-doctors for the oligarchy will pen in The Citizen Newspaper, Die Beeld (and you name them) all the bad things about you. With gullibility being our closest neighbour at this geographically topmost point of Africa, THE ZUMA-MBEKI-MANDELA YARN ABOUT YOU BEING A 'DISSIDENT' RATHER THAN A 'DISSENTER' (English indeed a most difficult language), WILL CREDULOUSLY BE SWALLOWED HOOK, LINE AND SINKER! Typical character assassination rehearsed and refined by the Zumas in the military camps of Tanzanian exile, IF THEY DID NOT ASSASSINATE YOU IN REAL COLD BLOOD FOR DEFENDING YOUR CONSTITUTIONAL RIGHTS!)

SIMELANE'S REAL PLIGHT

Such then was the case even with Simelane, even as his virulent enemy-circles metastasized from the army to many other departments of state, including the judiciary where this blog begins and, God willing, wherein it is also going to mostly dwell! And that he is still alive, his pen flicking through his fingers even as of this Year 2013 (despite all this pressure and stress on him for at least the past 19 solid years of battle after battle after battle for a man who is 68 this year having been born Sunday 11111945) is testimony to the invincibility of the human spirit if not the cruelty of his persecutors who refuse to accept that what is a man's right is a man's right.

Yes indeed, enemies of Simelane's came from Nyanda's SANDF; they came from the judiciary corrupted by the Zumas, the Mbekis and the Mandelas; they came from elements of the medical profession primed to wrongfully declare Simelane as medically too unfit to serve as an ordinary military officer let alone to lead the SANDF; they came from compromised elements of the pedagogic profession who tried to fail him even where he had passed his military courses.

It was, and has since been, AN ALL-OUT WAR AGAINST AN ELDERLY MAN, REDUCED TO AN ANIMAL AT BAY, FOR NO OTHER CRIME TO THIS SOCIETY SAVE HIS NOBLE REFUSAL TO TAKE OPPRESSION AND UNFAIR DISCRIMINATION LYING DOWN WHEN THERE IS A CONSTITUTION TO DEFEND HIM IN THIS DEMOCRACY, AND A CONSTITUTION WE ALL OF US SOUTH AFRICANS (AND NOT MANDELA ALONE WITH ZUMA AND MBEKI) O SO DEARLY FOUGHT FOR.

SIMELANE IS A ROLE MODEL AND A SOURCE OF INSPIRATION FOR THE YOUNG WHO WANT TO GROW UP INTO BUILDING THE BRIGHT FUTURE SOUTH AFRICA WE ARE DESTINED FOR

Simelane's heroism reminds me of King Shaka Zulu, to whom he, as a Zulu-speaker, pays homage.

His valour sends me back in time to Blog Author's maternal ancestor King Sobhuza I of Swaziland who was mothered by a Simelane maiden (daughter of Swazi Nobleman Somnjalose Simelane), hence my public genuflection, the paying of a homage to you

"Bearer of Kings"

'Litalankhosi'
(Siswati Language)

'Wena Owazala Inkosi USobhuza''
(IsiZulu Language).

WHAT KIND OF A MAN IS BHEKI SIMELANE?

If I could put a man in a letter like "A", I would say:
Affable to a fault;
sportsmanlike, agile in a rubbery body, his ample girth notwithstanding. You really must see him preparing for his favourite tennis game to understand what I mean.

A man deeply cultural like even any real Zuluman of books worth his salt shall be (and Blog Authors has learned many fascinating African cultural practices simply by hearing him conversing about his social life).

Simelane is a gentleman, courteous to his seniors and humble but firm with his subordinates, you will probably know a perfect good man when you are lucky enough to share a chuckle with him.

However, do not be fooled by his gregariousness and his free-giving spirit particularly where his most precious commodity is concerned: TIME. Simelane can and DOES bite! And when he bites it is all because there is the rot of a pustule that he wants to extract from that body be it of his junior in terms of handing down discipline or a senior as high as the sky in terms of rooting out corruption.

He is a military officer, a lawyer a freedom fighter still in the trenches (so to speak), human-rights activist in so many respects, disciplinarian and above all, a zetetic who uses his legal mind to question the wrongdoings of a broad liberation movement top brass that has gone from the status of carving themselves a path to the noveaux-riches by turning hardworking and law-abiding citizens of the Republic like Simelane into the noveaux-pavres just because they dare to spit it out as they feel the sting of that corruption medicine on their tongue.

Resilience is the other name for Simelane and like a good military officer, he is also able and ready to dip down deepest into his barrel for raw faith where there may be sometimes no more fortitude left in there. I almost unbelievably see him as man who has dedicated his whole life to fight injustice wherever it rears its ugly head. However the dogs are baying for him now just as they did during the anti-Apartheid (He had a law practice of his own in Durban prior to his departure for exile but nearly lost his life because of defending the erstwhile underdog, freedom fighters who were caught by Apartheid security machinery). And it is not for nothing that, during his days in exile, Robert Mugabe, the shrewd President of the Republic of Zimbabwe, seems to have brought him to his inner circle in matters of legal advice. What a shame today that the people who claim to be leaders of the broad liberation movement whose cadres back in the Apartheid Era Simelane sacrificed his youthful comforts to try and defend have now reinvented themselves as oligarchs, standing snugly in the shoes of apartheid oppressor, churning adversity after adversity against their own comrade, basically trying to litigate him to the grave. But who among the oligarchy will not see the grave? None! (Even though they are clinging to dear life where their bone and breath and blood have long cried for a dissipation into Mother Earth boulders, breezes and brooks!).

Now listen to me you greedy oligarchs: We are going to stop you one way or the other. We will stop you even if you litigate us back to Mother Earth.

We will stop you even if you litigate us to grinding poverty.

We will stop you even if you litigate us to broken families.

Personally, I am calling for more Simelanes, black Simelanes and white Simelanes to join the struggle of challenging the oligarchy and its minions where they ride rough-shod on SouthAfrica's constitutionally-enshrined rule of law. We know that you guys have got the destruction of South Africa's societal fabric on your telescopic lens sooner than later.

We are not going to allow you to gun down this country just like an agent (certainly God know who sent him) gunned down Chris Hani.

We refuse to let you fatally run our democracy under the wheels of the truck just like that military hit-and-run gargantuan that killed Longest-serving-Robben-Island-Prisoner-Cum-Genius Jeff Masemola in Pretoria North soon after his release from prison. Of course, and for sure, God is well-clued as to who ordered Masemola snuffer-out and people are now too afraid to die themselves and meet God who will be asking Cain about the innocent blood of his brother Abel that the former callously spilt.

In short,we are not afraid of you, Guys because we have reconciled with the prospects of our own personal deaths. We are not at war with life or death; rather we are at war with political filth.

So, as a reader of this blog, read Simelane's mind with all the adour you can marshal,but I warn you: it is going to be the most pleasurable experience of your life.

I urge you to read other stuff from other thinking South Africans as well... read, read, read (particularly if you are a South African)....READ UNTIL YOU GET IT FROM GOOD AUTHORITY THAT "[READING HAS BEEN PROSCRIBED AND BANNED IN SOUTH AFRICA]"

But, until then...

...Watch This South African Space with the glassiest of your eyes!
In years to come, you will be glad you did!

CLOSE-UP WITH SIMELANE THE MAN

As you will see soon, Simelane is a serious man; his pen robust. There is no question that his intellect is shoulders well above that of us so much less endowed with the beige fat between our two ears.

For an example, you are bound to see (if all things remain equal) as Simelane holds his own pretty well against some of South Africa’s arguably great legal minds.

BLOG AUTHOR LAUGHS AT SIMELANE AND INVITES READERSHIP TO LAUGH ALONG FOR HE IS NOT THE BIBLICAL ELISHA OR IS HE TO UNLEASH VORACIOUS BEARS ON US?

You have already seen Simelane in basically all hues and colours, or at least that is what I have tried to make you see. I hope and believe the main features of this great personality, if I did my homework, shall forever remain his prodigious literary energies and, above all, his great intellect not unaccompanied by a twinning and very tenacious emotional sense of justice for his intellectual pursuance and pursuance. He is hellbent to acquire what is rightfully his in this life: pursuance. He looks prepared to pursue the same type of goals even to the next life: persuasion.

Now that is where the problem lies; and it not yet a laughing matter, I say, for I seem to have extracted a monstrosity out of the soul of Simelane, dipped it into formalin and studied it for days on end without knowing the planet it occupied before colonizing the man's body, let alone getting even a brainwave at to what to call it.

Reader, PLEASE come to Phiri's rescue:
What product springs up, when you combine a razor-sharp intellect with indomitable fortitude?

"Kamikaze?"
"Suicide Bomber"?
“Terrorist?”

You pick your answer or beach it with your own guess! But I would hate to see you terrified off Simelane's writing just because of his complexity or even his sagacity. He is just as human as you are, I know him.

Yes, too often gatvol and disillusioned (and even the smooth and all-enveloping flare of his pen fails to hide that fact sometimes). But aren't all of us equally gatvol and disillusioned whenever we see one politician too many playing Old Harry with our otherwise beautiful land, South Africa?

We get into the streets! We march! We demand through violence better service delivery. But that is not Simelane; his march is only on his pen. HE IS AN INTELLECTUAL PAR EXCELLENCE!

However, (and this is where the real laughter can come in if you can watch for the bears if indeed Elijah has already pulled a Schumacker on a chariot of fire) I will tell you that even the most brilliant of human beings has a blind spot. So too does Simelane which is what one Sergeant Major Brian Kgabanyane of Soweto and I found most hilarious about Simelane. (I have already indicatedabove that even his writings, if you come to think of them as you might discover it yourself, have a strange hilarity in their dour seriousness and only Simelane’s pen could make that cohabitation happen between two mutually-exclusive emotions)!

So I get this phone call from Simelane: “Phiri, come over here when you knock off. What a fool I have made of myself, and so come to help me un-fool myself.”

I did not know what he was talking about but his voice sounded like the product of a trembling windpipe.

It was clearly a serious matter and so I asked Brian Kgabanyane to accompany me. Kgabanyane is a stocky, well above medium-height sixty-year old man who is soft-spoken in his refusal to take nonsense from anyone.

You see, I had some weeks before seen him in action at an expensive gift shop in Centurion Pretoria where he un-fooled me, to use Simelane’s coinage, for having proferred my credit card to the shop when buying a R60-worth toiletry bag only to find this lady clocking me some R3000 for a Busby Ginsberg instead! This was a discovery I was to make some two weeks later which discovery Kgabanyane within six minutes of his mere presence in a shop owned by not-so-easy characters, got solved and I got my refund NEVER TO SET FOOT IN THAT GODFORSAKEN SHOP AGAIN!

“Sergeant Major Kgabanyane,” I said to him in relation to the Simelane SOS. “I have this gut feeling Colonel Simelane has been swindled, robbed or conned. Can you accompany me to his place and let’s hear what is biting him, please.”

O indeed, something like R10 000 had been conned off Simelane by some Senegalese immigrant. There was another R20 000 that the conman was vigorously fishing out of the colonel; but as you might know all swimming fish hate vigour hence the alarm bells by by "Big Fish" Simelane.

Kgabanyane and I swooped onto that man in town and we made our intentions clear:

Give The Old Man His Money Back Now;

Keep Your Sleek Stories With You And Not In His Ears;

And Never Contact Him Again

Or Else We Will Engineer Your Immediate Deportation Back to Senegal Seeing That Your Papers Do Not Seem To Be In Order For Your Presence In South Africa, Nor Do You Have Any Licence To Practice What You Claim To Be An Expert In.

To this day, I laugh ear to ear whenever I think about this incident, marveling how such a great mind could be taken in by that Smart Alec. But aren’t we all having moments of weakness?

Anyway, that is Simelane on a close-up for you. He may murder me for penning this when and if we ever meet again as we last saw each other well over a year ago now. But please make acquaintance with the man, with his blue juice on paper like blueberries blanketing the entire landscape of South Africa's upturned saucer for a geological formation.

I mean, Simelane never types but pens (for that matter, IN LONG HAND). Every letter and every punctuation you may have an opportunity of seeing is a droplet, a sprinkle or a smear of his ballpoint pen. And it is only after finishing his scribbling that he will ask somebody to keyboard his workmanship for him and email it to people like Phiri for info (and of course after having sent those who are for action their share of yet another legal attack or counter-attack ).

Now, come to think of it, wracking your brain as to what to write and 'how' can be time-consuming.

Penning in long hand what you think you should be writing is definitely devastating. And this is one of the something about Simelane that leaves me at a dilemma as to whether to clap hands in jubilation about this character or to pour out my sympathy and cry over this persecuted man who refuses to curl up and die from it!

I mean, as I sometimes so wish, if workman skills could be borrowed, I would lend Simelane my Pitman Shorthand so long ago internalized by my muscle memory;

I would also lend him my typing speed clocked the second fastest in a class of about 52 at Tanzania School of Journalism around 1992, and a speed daily burnished by my constant blogging. But alas, that is undoable isn't it?

As such, the only thing I can lend Simelane is my complete respect, his once-off laughable booboo as a sucker in the streets of Pretoria notwithstanding.

An awe-inspiring figure if ever there was one!

NDLEBE ZIMCHEWANA NGOKUCHEWULWA NGAMAGUNDANE!

(IsiZulu Simelane Praisename)

"THOU OF THE TATTERED

EARLOBES SO MUCH IN RESEMBLANCE

TO LEFT-OVERS FROM A RAT'S DINNER"

SIMELANE, THE EMBODIMENT OF A SELF-EFFACEDNESS, DEFIED BY THE RARE BIT STRAIGHT FROM THE HORSE'S MOUTH

On 30 December 2008, a Simelane ordinarily given to a taciturn attitude towards his earlier personal life (particularly the hinge around his anti-apartheid struggle) penned the following introspection for the world to peer into:

1.2.... Simelane's late parents' parental home was at KwaMandlakazi at KwaBazini in Nongoma, KwaZulu-Natal. Simelane was born in Durban. In 1962 and in Middelburg (Transvaal) Simelane joined the underground structures of the then POQO, subsequently known as the Azanian People's Liberation Army (APLA), tehe military wing of the then banned Pan Africanist Congress of Azania (PAC). During 1988 and while exiled in Zimbabwe and serving under secondment by the said APLA in the Government of Zimbabwe Simelane crossed over into Umkhonto WeSizwe (MK), the military wing of the then banned African National Congress of South Africa (ANC). Simelane served in MK until 08 June 1996 when he reported at the Wallmannsthal Assembly Area (WAA), north of Pretoria, for integration into the new South African National Defence Force (SANDF).

1.3 Simelane left Middelburg (Transvaal) at the end of 1962 when he went to boarding school at Pholela High School (Pholela) in Bulwer, Natal, where he completed matric at the end of 1964. Pholela was a mission school/ project of the Presbyterian Church and their ministers were Scottish Missionaries. A serving minister at Pholela in 1963 when Simelane arrived was Reverend Ian Moir. Reverend Moir was mainly in charge of the hostels, the students' Christian life and conducted services on Sundays. Simelane also became a leader of the Student Christian Association (SCA) and worked closely with Reverend Moir. Also at the school, the Principal one Mr Smithen who was also his English master seemed to like Simelane for reasons which he then did not know.

1.4 During April 1964 the then Security Branch Police (SBP) arrived at Pholela to remove Simelane from school for security reasons. Both Mr Smithen and Reverend Moir refused the SBP from removing him from school. Simelane was not even called to that meeting. Reverend Moir told the SBP of Simelane's leadership work in the SCA and Mr Smithen told them of Simelane's excellent academic record at the end of 1963 and he therefore wanted Simelane to matriculate. After the SBP had left Simelane was called to a meeting where he was informed of what had taken place. Mr Smithen told Simelane that the SBP extracted a personal undertaking from him for Simelane to stay at the school to complete his matric and he also extracted a personal undertaking from Simelane thereafter that while Simelane was at Pholela he would not engage himself in any political activity. Simelane readily gave Mr Smithen that undertaking. There was no way Simelane could have quibbled with Mr Smithen on his political involvement because Mr Smithen had already warned Simelane not to deny it. According to him he was Simelane's English master and had read Simelane's essays. They say the rest is history as Simelane completed his matric at the end of 1964 and left the school. However, Simelane is eternally grateful for that positive engagement Reverend Moir and Mr Smithen had on his behalf with the then Security Branch Police.

1.5 Simelane practised law for his own account under the name and style of Simelane & Simelane in Durban from 18 July 1980 to 06 August 1984 when he abandoned his law practice and fled the country into exile as the apartheid State Security Council had issued an order that Simelane be killed and such an order was in the process of being carried out. Simelane crossed the Drakensberg at Ramatsidiso between the Transkei and Lesotho. He arrived at Maseru on Wednesday 08 August 1984. During December 1984 the apartheid regime sent protest notes to Lesotho about his presence in that country and threatened that the ex SADF would invade Lesotho to retrieve Simelane if he was not handed back to South Africa. The said protest notes were shown to him by the Lesotho officials at a meeting attended at the Ministry of Interior by certain members of the Apla High Command and the then Chief Representative of the United Nations High Commissioner for Refugees (UNHCR) in Lesotho. The UNHCR took a firm stand that no refugee would be handed over to the apartheid regime and that if Lesotho could not guarantee Simelane's safety in accordance with the political asylum they had granted him, they should issue Simelane with travel documents so that he could be relocated to another country. That was agreed upon as the way forward. Around 29 June 1985 Simelane left Lesotho on an exit permit to Zimbabwe where he was again granted political asylum.

1.6 From July 1985 to June 1986 Simelane did a postgraduate course in Defence Studies at Kings College London and was also recommended by two (2) defence experts to the membership as a defence expert of the London based International Institute of Strategic Studies (IISS). On his return to Zimbabwe Simelane was as stated above seconded by Apla to the Government of Zimbabwe which he joined on 01 April 1987. During 1988 when Simelane crossed over to MK, the Political Military Council (PMC) of the ANC, also ratified with ZANU (PF) as the ruling party, that secondment, and instructed Simelane for strategic reasons to remain in that deployment until further notice.

1.7 In Zimbabwe Simelane also served as part of his duties as a Special Adviser to the Minister of the Public Service, the Public Service Commission and the Commissioner of Taxes. As you know Zimbabwe has a unified Bar. Simelane practised at the Bar on behalf of Government mainly in civil, security, tax, administrative law and constitutional matters with numerous appearances (on average thrice a week) at inter alia the Income Tax Special Court, High Court and Supreme Court including its Constitutional Court Chamber. Many of the cases in which Simelane appeared on behalf of the Government are reported in the Zimbabwe Law Reports and some of which also appear in the South African Law Reports, for example:

1.7.1 Ian Smith v Mutasa & Another

NNO 1990 (3) SA 756 (ZS)

1.7.2 Phillip Conjwayo & Others v Minister of Justice, Legal and Parliamentary Affairs and Others 1992 (2) SA 56 (ZS)

1.7.3 1993 (4) SA 272 (Z)

1.7.4 1995 (1) SA 703 (Z)

1.8 After former President de Klerk had in February 1990 unbanned the ANC, PAC, SACP and other subsidiary parties and organisations, exiles returned to South Africa especially after being granted indemnity in terms of the Indemnity Act 1990. While Simelane had also been granted indemnity in 1990 in terms of the said Indemnity Act 1990 he was not able to return to South Africa because he was advised that the Attorney General of Natal had warrants of his arrest relating to his abandonment of his law practice on 06 August 1984 and matters related thereto including his strike-off as an attorney by Howard J, as he then was, on 30 November 1984 at the instance of the Natal Law Society.

1.9 During the middle of 1992 the Legal Department of the ANC and the Technical Division of the UNHCR sent a delegation to the then Minister of Justice, Mr Kobie Coetzee in Pretoria to intercede on Simelane's behalf that the said warrants of arrest be rescinded and that Simelane be allowed to return to South Africa. The late Minister of Justice refused to accede to that request. Simelane received a briefing on this meeting thereafter at the UNHCR offices in Harare. The ANC advised Simelane to remain in the Zimbabwe Government deployment until such time that the outcome of the negotiations was known.

1.10 It is a matter of public knowledge that a negotiated political settlement in South Africa was achieved during the earlier part of 1994 and that the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993) ('the Interim Constitution') came into effect as from 27 April 1994 and that on 10 May 1994 President Nelson Mandela was sworn in as the First President of a democratic South Africa.

1.11 During October 1994 the late Dullah Omar as the then First Minister of Justice of a democratic South Africa sent a fax to the closing down office of the ANC in Harare advising that Simelane should return to South Africa and that Simelane had been granted indemnity in terms of the Further Indemnity Act 1992. This fax was received by the then Acting Chief Representative of the ANC in Zimbabwe ('Acting Chief'). Simelane [bumped into] the Acting Chief one day in Samora Machel Street in Harare when he informed Simelane about the said fax and its contents. Since it was during Simelane's working hours Simelane advised him that he would phone him to fix an appointment so that Simelane could go to the ANC closing down office to uplift this fax. However when Simelane arrived at home that evening he found a letter from the UNHCR informing him of the same indemnity he had been granted and to which the Acting Chief of the ANC had referred to. In the premises Simelane informed Mr Patrick Chinamasa (the present Minister of Justice, Legal & Parliamentary Affairs in Zimbabwe) as then Attorney General that Simelane would take a month's leave in November 1994 and return to South Africa at the end of the same November 1994. The 30th November 1994 therefore became the official date in which Simelane exited the Government of Zimbabwe in terms of the said ANC/ ZANU (PF) agreement that allowed Simelane to render the necessary technical assistance on behalf of the ANC to the Government of Zimbabwe. Further and after Simelane had returned to South Africa Simelane discovered that the Office for Indemnity, Immunity and Release that had been located in the Ministry of Justice and Constitutional Development had dissolved and Simelane was therefore not able to obtain copies of the relevant promulgation relating to the indemnity granted to him in terms of the Further Indemnity Act 1992. Without such proof by way of a promulgation of some sorts it became necessary that he applied for amnesty from the Truth and Reconciliation Commission (TRC).

1.12 While exiled in Zimbabwe and after his return from the United Kingdom Simelane was able to complete his LLB studies by post through UNISA and he graduated in absentia. Simelane had in the late sixties resumed full-time studies at the then University College of Zululand when he completed a BCom degree and thereafter a BCom(Hons) (Economics) of the University of Zululand. At the time Simelane wanted to be a CA and during the whole of 1972 he applied for articles of clerkship in Accounting without success. As Simelane could not retain a full-time job in apartheid South Africa without being told to leave for security reasons it was uppermost in his mind that he became independent. In 1973 Simelane commenced BProc law studies with UNISA which he completed at the end of 1976. He was then employed by Barclays Bank at their main branch (cnr Smith and Field Streets) in Durban. Simelane was asked to leave the bank for security reasons around April 1977 either on immediate 'voluntary' resignation or alternatively to be fired. Simelane offered to resign and he resigned immediately without a job in hand when told to do so. This time Simelane was lucky to have seen it coming. One Saturday morning during October 1976 Simelane was in the train from Umlazi Township (where he lived) to Durban and to work at the said Barclays Bank. As the train was about to arrive at Berea station where he was to disembark, railway policemen pounced on Simelane and arrested him. At the station they were joined by [plainclothesmen] and they took Simelane to the toilets where he was stripped off naked. Simelane was forced to jump as high as he could in the toilet. He was also instructed to bend down with his legs stretched and to touch the toes with his fingers to enable them to check whether he was not carrying a bomb in his [anus]. At the same time they were shouting at Simelane to tell them when did he return from Angola. Others wanted to know when did he return from Tanzania. It was scary. After they inflicted that blitz on Simelane for some 30 minutes, he was ordered to dress up. As they left the station they took Simelane to a wired security police van parked outside. A throng of people who witnessed what was said to be the arrest of a 'terrorist' were already milling around as Simelane was already handcuffed and taken into the back of the police van. Simelane was taken to Fischer Street Security Headquarters where he was instructed to write a detailed story of his life after he had left University in 1971 until that arrest that morning. They took the material he had written. At 02:00 in the afternoon three (3) interrogators arrived, one of whom was said to be a Colonel and a specialist on banned literature. This Colonel had a book in his hand which Simelane immediately recognised as a book he had been reading in the train that morning. This is Bertrand Russell on Freedom Versus Organisation 1776 — 1914 and is by Unwin Books of London. Simelane was interrogated for about three hours that afternoon and released at around 06:00 pm with his book having been returned to him. Simelane was required during the interrogation to summarise the book for them. This expert also wanted Simelane to discuss certain sentences and paragraphs which he had underlined like: "Young men of no great ability, brought up in habits of social superiority, and finding society at home becoming democratic, were glad of the chance of earning a living and exercising command in regions inhabited by 'inferior' races. Overcrowding, industrialism, and legality made England seem dull to adventurous dispositions, and hateful to those who loved solitude and beautiful surroundings." (page 196) or "In the 'civilizing' of black Africa, it is always necessary to deprive the population of land and cattle, and other traditional sources of food, in order that they may be compelled to work for the whiteman." (page 203) or "The same causes that produced war in 1914 are still operative, and, unless checked by international control of investment and of raw material, they will inevitably produce the same effect, but on a larger scale. It is not by pacificist sentiment, but by world-wide economic organization, that civilised mankind is to be saved from collective suicide."

1.13 When Simelane reported for work the Monday after the previous Saturday's blitz he noticed that the attitude of the white members of staff at the bank had changed towards him. Some would look at him with their eyes soaking in tears. One young man even wrote on a piece of paper and pushed it to Simelane asking 'Why don't you go to Maputo?' The next January the Manager, Mr Ashworth transferred Simelane to the Briardene branch on the way to KwaMashu. About three months thereafter the Manager at Briardene, Mr Adams instructed Simelane as aforesaid to resign for security reasons or be fired. Simelane left the bank and served articles of clerkship and was admitted as an attorney on 24 June 1980 and he commenced practice on his own account as from 18 July 1980 and which law practice he abandoned on 06 August 1984.

1.14 During 1994 and when Simelane left Zimbabwe members of the Bar in that country wrote statements to be submitted to the relevant officials in this country in support of his proposed application for senior status (silk). Due to the lengthy TRC process this application has not yet been filed. On returning to South Africa Simelane also read an LLM in Fundamental Rights and Constitutional Practice at the University of Pretoria in order to familiarise himself with the South African Constitution since for reasons aforementioned Simelane was not involved in its drafting. Simelane was fortunate to be taught on this programme by Prof van der Westhuizen (now a Judge) who had been involved in the drafting process. Other visiting tutors on this programme who Simelane found useful include Adv Vincent Maleka, SC and Judge Goldstone.

?SOUTH AFRICA THE FINAL ARENA FOR ‘AFRICANNESS’ REDEFINITION?

MALEMA MADMAN OR MESSIAH?

(YOU CAN IF YOU FOLLOW THIS LINK (ONE MALEMA INTERVIEW PART 3), GET MORE ON HIS NEWEST THOUGHT PROCESSES)

JULIUS MALEMA OF SOUTH AFRICA COULD MAKE SENSE TO THE LAND'S BIG BUSINESS 'DESPITE ETHNICALLY-OVERCONCIENTIZED ZULU-SPEAKING JACOB ZUMA'S ONSLAUGHTS AGAINST THE PEDI-SPEAKING YOUNG MAN'

WHY DO AFRICANS IN GENERA REMAIN THE 'THE MOST DESPISED RACE ON THE PLANET'?

THE MORE INTROSPECTIVE SOLUTIONS TO THE AFRICAN'S DISMAL FAILURES....

THE MORE EXTROSPECTIVE SOLUTIONS TO THE AFRICAN'S DISMAL FAILURES...

THE SPEAR ZUMA SHARPEST POINT FOR PHIRI SALARY SHUTDOWN IS ONE MR MABALANE OR TWO

Fifty-nine-year-old Mr "Earl" Simon Mabalane, Blog Author's Bestman appearing on the marriage ceremony on this video has a 50-year old male child of his sister's,and a child who, despite having biological parents who married neither prior to his birth nor postnatally (hence the usage of his maternal surname to this day), has nonetheless succeeded to inveigle himself a place as some senior officer under Mr Jacob Zuma's watch of South Africa's Department of Defence and Veterans Affairs' has also been INDUBITABLY EXPOSED BY SANDF SOLDIERS AS THE SHARPEST POINT OF ZUMA'S NEWEST PERSECUTION OF GOODMAN MANYANYA PHIRI VIA SALARY SHUTDOWN. The fifty-year-old Mabalane bastard ('bastard' is still a recognized English word, Good Critical People) bears the name of 'Mr Eric Mabalane (more formally Mr Eric Magoma Mabalane).

As the stand-off over Phiri salary shutdown continues, Blog Author is shortly revealing more damning evidence of character's involvement in pro-Zuma party-political activities in an SANDF supposedly loyal to government of the day albeit apolitical in its day-to-day activities.

Blog Author's Friend, Bestman, and Comrade since days of exile togehter in Angola (Mr Simon Mabalane) will not escape the firing line as evidence with blog author points to Eric having consulted with Maternal Uncle Simon Mabalane prior to going for cheap-promotion gimmick to some hitherto u-nrevealed Snake In The Grass of SANDF HQ who, for Mr Zuma's pleasure, unconstitutionally ordered the aforesaid salary shutdown.

MY PROFILE

Goodman Manyanya Phiri, the South African senior military officer who's tried (2013 being the 12th consecutive year now...) to communicate with Mr Jacob Gedleyihlekisa Zuma to no (avail except more and more persecution exercises and acts of blatant violence meted out against the whistle-blowing Phiri) to drive the point home that "Ngunis-Mandela-Tembu-and-Zuma's-Zulu-tribalisms-cum-black-racism together with prostitution-at-high-places-of-the-two-governments, cannot be used as the main, if at all, criterion, for promotion as in this blog’s having been effected (with Zuma's apparent personal albeit unlawful approval) by self-proclaimed Mandela Cousin one SANDF Brigadier-General-so-called-by-Zuma (when she is in lawful fact still a mere Major who only passed her main course by means of prostituting herself with one Raymond Lentsoe).