SOMETHING tragic happened in Orlando, Soweto, on June25.
An old power station building, the Orlando Towers, suddenly collapsed.
It was one of the defining features of the township and an important landmark in the landscape.
The collapse claimed lives and limbs. There are fears some bodies remain trapped in the rubble.
The reasons behind its collapse should make us all appreciate the significance of structural engineering and the material used to secure the structural integrity of buildings.
Orlando Towers was neglected by authorities, resulting in the theft, bit by bit, of structural steel – the key ingredient that keeps a building intact.
The thieves were seemingly oblivious of the fact that through their actions they were, in a way, digging their own graves and those of others.
Logically, some of them were caught in the rubble while doing their deed.
Soweto has lost a landmark but the significance of this story goes beyond physical structures.
The collapse of Orlando Towers could serve as a metaphor for the destruction of state institutions by those pursuing narrow political objectives.
Such people are no different from the Orlando power station thieves and those described as izinyoka by Eskom for stealing power lines.
The thieves were seemingly oblivious of the fact that they were digging their own graves and those of others
Like physical structures, state institutions have their own architectural designs.
People of integrity, and the laws, rules and Constitution of a land make up the “steel works” of an institution.
Where integrity, rules and laws are chipped away, in small or big pieces, institutions eventually lose their structural integrity. They collapse.
It is in this context that we must consider the goings-on at the National Prosecuting Authority (NPA).
Next month was supposed to be special for prosecutions boss Mxolisi Nxasana.
He would celebrate his first anniversary at the helm of the NPA.
If he survives until then, he will regret rather than celebrate the day he accepted the job in August last year.
He will be on “trial” before a commission of inquiry established by President Jacob Zuma to investigate his fitness to hold office.
The decision to probe Nxasana is as controversial as his appointment in the first place.
“Who is he?” was the question asked by South Africans who understood the importance of the NPA as a vital cog in the criminal justice system, after Nxasana was appointed by Zuma.
Prior to the appointment, Nxasana was running a law firm in KwaZulu-Natal.
Where integrity, rules and laws are chipped away, institutions lose their structural integrity. They collapse
But he was not one of the top legal eagles who would have been more than suitable for the job.
A respected senior counsel would have been the best option to repair an institution battered by political interference, bitter factionalism and questionable independence.
Those who doubted the suitability of Nxasana to lead the NPA concluded Zuma had no interest in rescuing the institution from the brink.
He was always going to be happier with a weak NPA that would not feel emboldened to reinstate corruption charges against him.
An NPA led by a weak leader was desirable, they said.
Nxasana, according to this school of thought, would fit this agenda.
Some who held this line viewed his appointment through obsolete ethnic and geographic lenses.
So, the fact that Nxasana came from KwaZulu-Natal, the president’s home province, buttressed their suspicion that the appointment was unconnected to the purpose for which the NPA was established.
The purpose of the NPA is to prosecute and secure convictions without fear, favour or prejudice.
But there is always an advantage in appointing an underdog to a critical position: they may like to prove themselves and build a track record.
It is not clear whether Nxasana was on this path, which would naturally put him on a collision course with anyone seeking to keep him on a tight leash.
Could it be the decision to investigate his fitness to hold office is a result of him veering from the mission to keep the NPA as weak as possible, as malleable as possible and as compromised as possible?
Or, could there be truth in the allegation he is not fit to hold the position because of a previous problematic relationship with the law?
Was his dodgy past, which included a murder charge for which he was acquitted, not a known trap that was always going to be dusted off should he stray out of the “brief” – whatever it was?
Or, did the president suddenly discover Nxasana is incompetent to run the NPA – however “competency” is defined?
Whatever happens to Nxasana, two things are almost certain.
First, an inquiry into his fitness to hold office might end up being an inquiry into Zuma’s poor decision- making.
Second, Zuma will leave behind a legacy of a broken NPA, all its steelwork chipped off.
The prospect has dire consequences for our constitutional democracy.
As Judge Edwin Cameron remarked in his book Justice: A Personal Account: “Dishonest leadership, corruption and the destruction of independent state institutions could still wreck our ambitious constitutional project.”
Like the Orlando Towers, the NPA has been under destruction for some time.
Orlando Towers collapse symbolic of state decay
An old power station building, the Orlando Towers, suddenly collapsed.
It was one of the defining features of the township and an important landmark in the landscape.
The collapse claimed lives and limbs. There are fears some bodies remain trapped in the rubble.
The reasons behind its collapse should make us all appreciate the significance of structural engineering and the material used to secure the structural integrity of buildings.
Orlando Towers was neglected by authorities, resulting in the theft, bit by bit, of structural steel – the key ingredient that keeps a building intact.
The thieves were seemingly oblivious of the fact that through their actions they were, in a way, digging their own graves and those of others.
Logically, some of them were caught in the rubble while doing their deed.
Soweto has lost a landmark but the significance of this story goes beyond physical structures.
The collapse of Orlando Towers could serve as a metaphor for the destruction of state institutions by those pursuing narrow political objectives.
Such people are no different from the Orlando power station thieves and those described as izinyoka by Eskom for stealing power lines.
The thieves were seemingly oblivious of the fact that they were digging their own graves and those of others
Like physical structures, state institutions have their own architectural designs.
People of integrity, and the laws, rules and Constitution of a land make up the “steel works” of an institution.
Where integrity, rules and laws are chipped away, in small or big pieces, institutions eventually lose their structural integrity. They collapse.
It is in this context that we must consider the goings-on at the National Prosecuting Authority (NPA).
Next month was supposed to be special for prosecutions boss Mxolisi Nxasana.
He would celebrate his first anniversary at the helm of the NPA.
If he survives until then, he will regret rather than celebrate the day he accepted the job in August last year.
He will be on “trial” before a commission of inquiry established by President Jacob Zuma to investigate his fitness to hold office.
The decision to probe Nxasana is as controversial as his appointment in the first place.
“Who is he?” was the question asked by South Africans who understood the importance of the NPA as a vital cog in the criminal justice system, after Nxasana was appointed by Zuma.
Prior to the appointment, Nxasana was running a law firm in KwaZulu-Natal.
Where integrity, rules and laws are chipped away, institutions lose their structural integrity. They collapse
But he was not one of the top legal eagles who would have been more than suitable for the job.
A respected senior counsel would have been the best option to repair an institution battered by political interference, bitter factionalism and questionable independence.
Those who doubted the suitability of Nxasana to lead the NPA concluded Zuma had no interest in rescuing the institution from the brink.
He was always going to be happier with a weak NPA that would not feel emboldened to reinstate corruption charges against him.
An NPA led by a weak leader was desirable, they said.
Nxasana, according to this school of thought, would fit this agenda.
Some who held this line viewed his appointment through obsolete ethnic and geographic lenses.
So, the fact that Nxasana came from KwaZulu-Natal, the president’s home province, buttressed their suspicion that the appointment was unconnected to the purpose for which the NPA was established.
The purpose of the NPA is to prosecute and secure convictions without fear, favour or prejudice.
But there is always an advantage in appointing an underdog to a critical position: they may like to prove themselves and build a track record.
It is not clear whether Nxasana was on this path, which would naturally put him on a collision course with anyone seeking to keep him on a tight leash.
Could it be the decision to investigate his fitness to hold office is a result of him veering from the mission to keep the NPA as weak as possible, as malleable as possible and as compromised as possible?
Or, could there be truth in the allegation he is not fit to hold the position because of a previous problematic relationship with the law?
Was his dodgy past, which included a murder charge for which he was acquitted, not a known trap that was always going to be dusted off should he stray out of the “brief” – whatever it was?
Or, did the president suddenly discover Nxasana is incompetent to run the NPA – however “competency” is defined?
Whatever happens to Nxasana, two things are almost certain.
First, an inquiry into his fitness to hold office might end up being an inquiry into Zuma’s poor decision- making.
Second, Zuma will leave behind a legacy of a broken NPA, all its steelwork chipped off.
The prospect has dire consequences for our constitutional democracy.
As Judge Edwin Cameron remarked in his book Justice: A Personal Account: “Dishonest leadership, corruption and the destruction of independent state institutions could still wreck our ambitious constitutional project.”
Like the Orlando Towers, the NPA has been under destruction for some time.
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