By China Dodovu
Dear Sir
I would imagine what you going through at this moment as the Head of the National Prosecuting Authority, is a very excruciating moment in your life. Many law-biding citizens have suffered similar fates from snipers within the NPA who succeed in gaining prominence and promotion at the expense of their colleagues and have irreparably destroyed professional and political lives of fellow citizens.
I note with disbelief and consternation the manner in which you are covertly stabbed by “traditionalists and triumphalists” within the NPA who seek to preserve and protect the status quo and denigrate this important pillar of our democracy into the gutter levels it is today.
You stand accused of concealing a crime you were acquitted of by a court of law about 30 years ago. This is despite a well known human resource practice that when applying for a position, every incumbent is asked to disclose previous criminal records or pending criminal cases and not cases in which not-guilt verdicts were pronounced. If every one was to disclose even instances where they were not found guilty, very few people will pass the test to pursue their careers.
The recent unfolding developments at the NPA you are leading is a microcosm of a protracted crisis it is facing. Over a decade now the NPA has unfortunately, not only failed to discharge its constitutional duty to be responsive and transparent to the people of South Africa but has also failed to be an effective and unbiased instrument to institute criminal charges on behalf of the state in line with the legislation which gave impetus to its establishment.
Given what you are experiencing now, it is clear that the NPA is still soaked in dirty campaigns and it is riddled with people who perpetually use underhand tactics to run such an important bedrock of our constitutional democracy. It is unbelievable that to date, the NPA remains unashamedly open to political meddling and interference, currying political favour and its potency.
In your short stint at the helm, you must have realize that at the NPA’s top echelons you inherited a rotten rod and implacable anarchy that abides by no code of law, be it legal or humane but well-skilled artisans of hypocrisy and elitism who incessantly employ and perpetuate all methods of extermination and manipulation to succeed.
The experience of the past decade has also shown that within the NPA, there is a group of elites who tend to perpetuate their hold to power by creating a culture of information leaking and witch-hunt. They also tend to abuse their power as they enhance their position at the expense of the critical mandate of the NPA. Whatever the inclination people like you might have to change the status quo, this will always be dissipated or neutralized by the weight of their resources, connections and influence.
If you are not aware by now, here you are dealing with powerful, well-intentioned people who perpetually commit incredible sequence of decision-making errors with profound negative implications for the criminal justice system including the prosecutorial system. When they institute criminal proceedings or withdrawing them, their actions “have eyes” and are largely motivated by political considerations and not by interests of justice.
The recent landmark judgement of the Supreme Court of Appeal involving General Richard Mdluli indeed has embarrassing and cataclysmic consequences for the NPA and is generating serious discussions on how NPA’s head must be appointed. In the last 14 years, 6 Directors (acting and permanent) were appointed signifying an unstable organisation at the height of crime and corruption engulfing the country.
In you I have no doubt that the President has appointed a person with the capacity and credentials to meet the challenges of the hour. What must comfort and console you is that many people in this country are behind you, supporting your unflinching efforts and burning desire to free the NPA from the shackles of corruption, manipulation and abuse.
I must say that this is indeed a very daunting but not insurmountable task. Your biggest test is not only to weld the broken fences at the NPA but to prosecute without fear, favour or prejudice. In fact, what must underpin your conviction must be an unflinching commitment to restore order, inspire confidence and make the NPA a beacon of hope for the people.
You must be inspired by what Fidel Castro, the Cuban outstanding revolutionary and lawyer said in 1953 when he spoke of people like those in the NPA: “Along the wicked, there are always good men! Along the coward, there are many heroes. Along with each traitor, there are many loyal men. And along with evil, there are also many fine things. Our pride and happiness is in the spiritual satisfaction that victory is certain”.
Be like me. At this critical moment in your life, ignore those who pour venom and direct vitriolic attacks at you. The architecture of lies they have erected about you will collapse like a house of cards. When justice is trampled over you, the words you speak must spring from the blood of your heart and the truth of your very gut. Do all these things with utmost clarity.
In the interest of the NPA and what it stands for, you must reduce to dust the incredible fabric of lies they have woven, expose the truth they concealed and ruin all their plans to destroy you to create yet another crisis for the entire prosecutorial system. Don’t allow this situation to stain and degrade your integrity as a person and negatively affected your standing as a chief prosecutor.
I have too much respect for your reputation to offer anything that remotely resembles sympathy for the predicament you are facing. Live by the old adage that the integrity of the upright will guide them but the perversity of the unfaithful will destroy them.
Remember, traitors sell their country for a position as if that position worth a drop of blood. They batter the most noble things, no matter contemptible and contemptuous, in fighting for positions. You must somehow conjure a victory out of gloom in which you are currently enshrouded.
I truly believe in your resilience and fight back. As you will step out of this situation, you will step into a future of abundant blessings, unmatched favour, unexpected breakthrough, divine connection and overall success in fighting crime in our land.
Lastly, you must pray Almighty God. Remember, when God allows a burden to be put upon you, He will put His arms underneath you to help. So don’t worry if the road to transform the NPA is all uphill because the view from the top is breathtaking.
Yours truly
China Dodovu
(NB: Unedited)
The Guardian 