The eviction order against SA Navy Lieutenant Commander Sylvester Mangolele to remove him from his home at the Simon’s Town base has been upheld by the Cape High Court.
An urgent application against the Minister of Defence and Military Veterans, Nosiviwe Mapisa-Nqakula and the City was submitted by Mangolele in order to defend himself in presence of Judge Mokgaetji Dolamo. This after he was evicted from No 4 Cable Road, Simon’s Town this week. He said that his belongings were put out in the street.
Advocate for the State, Jill Goosen, said: “The applicant displayed an unwavering and deliberate position throughout the eviction proceedings, that he is entitled to remain in the premises. Although indicating that he wished to settle the matter, through his conduct, he displayed an unwillingness to settle the matter,” she said.
Goosen said the urgency was self-created and Mangolele had acted with impunity and argued the matter be dismissed with costs, which the SANDF had no chance of recovering.
Mangolele had argued that the eviction was related to his current internal disciplinary matter and could not be dealt with in isolation. He asked to be granted R100 000 and returned to the premises. However, Judge Dolamo was not satisfied as he stated the eviction matter and the situation regarding his employ must be dealt at another platform.
The court upheld the ruling by the Simon’s Town Magistrate’s Court and dismissed the matter with costs.
A despondent Mangolele said that he was unable to afford legal council and could not turn to colleagues as any affiliation to him had become “career suicide”.
“I have spent sleepless nights reading documents but hoping the courts would assist a layperson. The court has seen the matter in isolation as while I am divorced, I still have joint custody and see my child every second week. Where is he supposed to stay?” said Mangolele.
Mangolele had suggested that he was the victim of a witch-hunt after compiling a report in 2016, suggesting that the maritime force can save millions of rand if it didn’t outsource work that can be done internally.
Mangolele was accused of ill-discipline and charged in a military court. It was reported that the charges included four of failing to perform regimental duties, and one for making false entry on an official document. Mapisa-Nqakula’s spokesperson Joy Peters said the minister does not comment on operational matters and referred questions to officials.
Spokesperson for Naval Base Simon’s Town, Cara Pratten, said Mangolele forfeited his privilege to continued occupation of state family quarters once he became divorced in June 2012.