Vigilantism has become a serious concern for government and civil society in South Africa. The problem is hard to quantify, but the largest and most recent survey conducted in 1999 in the Eastern Cape found that one in 20 people said they had personally been involved in vigilante activity and every fifth person said they would consider becoming involved.1

The dangers of vigilantism

Vigilantism not only leads to an increase in the overall level of crime, but also influences how government responds to crime generally and most importantly, undermines the rule of law. The activities of vigilante groups like People Against Gangsterism and Drugs (Pagad) in the Western Cape and Mapogo-a-Mathamaga (referred to as 'Mapogo') in the Northern Province are cases in point. The activities of both these groups have seen a rise in gang related violence in the case of Pagad, and many instances of assault in the case of Mapogo. The brutal and illegal methods employed by vigilante groups have also forced reactions from the communities in which they operate, which in turn result in more crime. The emergence of Amampondomise Thieves Unit in Tsolo and Qumbu in the Eastern Cape in response to Umfelandawonye wa Bafuyi, Maputla re tla ja Kae in Mpumalanga in response to Mapogo and the Community Outreach Forum in response to Pagad in the Western Cape are some examples of such a reaction.

In the post 1994 era, the state's response to vigilante activity was initially subdued. Both Pagad and Mapogo were flagrantly disregarding the law in their 'fight against crime' and it was only after many deaths and injuries at the hands of these self-appointed 'crime fighters' that the state intervened. This lack of action against vigilante activity undermines public willingness to adhere to the rule of law and sends the message that taking the law into your own hands can be tolerated.

More recently however, government's position has hardened. In the case of the draft anti-terrorism bill, the response could be called an over-reaction. It could be argued that the terror attacks and bombings in Cape Town in the past few years (which have been ascribed to Pagad) were key to the promulgation of the draft terrorism legislation that goes so far as to threaten civil liberties. As vigilante acts continue, the state may become increasingly inclined to adopt harsh law enforcement measures in an attempt to reassure the public that government can control criminality and violence.

The key concerns are that vigilante groups take on policing and justice functions, often using violent means to illicit confessions and mete out punishment. As such, they function in opposition to the formal criminal justice system and threaten the rule of law—the foundation of any democracy. Moreover, instead of reducing crime, vigilante activities add to the workload of the police and courts. In South Africa, for example, vigilantes have assaulted alleged criminals, dropped them off at police stations and then refused to testify in court as a witness to the alleged crime.

Focus on the past two decades

The phenomenon of vigilantism in South Africa spans over a number of decades. For the purposes of this monograph, the focus will be on the last 20 years when vigilante activity was at its height. While vigilantism undoubtedly occurred in the 1970s, it was in the mid-eighties and the 1990s that the problem became more pronounced.

The nature of vigilantism has changed over the past two decades. The eighties generally were characterised by heightened political resistance to the apartheid government. In an attempt to divert attention away from this resistance, the government assisted in strengthening existing vigilante groups and creating new ones in the former homelands and black local authorities.2 During this period vigilante groups had state support and in some instances received financial support and arms. As it was understood in the eighties, vigilantism signified the violent, organised groups which, although they received no official recognition, acted to neutralise and destroy groupings opposed to the apartheid state and its institutions.3

In the mid nineties, vigilantism began to re-emerge throughout South Africa, and notably in the Western Cape, the Eastern Cape and the Northern Province. Possible reasons relate to the transition in government after 1994 and the challenges it posed for effective criminal justice and policing, as well as the public expectations that accompanied the advent of democracy. Between 1994 and 1996 the new government set itself the difficult task of realigning old apartheid legislation with the newly established constitution and bill of rights. This presented significant challenges both for the legislators as well as the police and prosecutors who had to implement the new laws. In the process, the public were left behind and the general understanding of this new 'human rights culture' remains limited.

It is also likely that the euphoria shortly after 1994 also meant high expectations that the state would at last be in a position to protect all its citizens equally and deliver essential services. Two years after the elections however, disappointment with slow delivery, rising crime levels and growing perceptions that the criminal justice system is ineffective and slow, no doubt led to many people taking the law into their own hands. This is evidenced by the common explanation among proponents of vigilantism today that the ANC-led government and the country's new constitution have afforded criminals rights at the expense of the victims. The claim is also made that the police and the courts have become less effective, more corrupt and unable to stop crime.

"We are a desperate nation ... Whenever you see people joining Mapogo, you must know that the climate is not right. Something is not right here." Montly Magolego, president of Mapogo, ISS seminar, 8 June 2001.

In attempting to understand the growth of vigilantism in South Africa in the last decade, this monograph focuses on one of the better-known vigilante groups: Mapogo-a-Mathamaga. Based in the Northern Province, Mapogo was selected as a case study not only because it is the largest group in the country (with approximately 70 000 paying members), but also because it is unique in that it has support across race and class lines in both urban and rural areas in at least five of the nine provinces. Mapogo has the support of white farmers and business people, black business people, the rural poor, pensioners, teachers, and right-wing political supporters.

This support is based on the belief that Mapogo will deliver swift and harsh punishment and thus deter crime. Equally important, the leader of Mapogo is charismatic and brave, and evokes sentiments now held by many about crime in the country. In essence, Mapogo presents an affordable and appealing alternative to the ailing criminal justice system and the continued high levels of crime.

Based on the conclusions about why people support vigilante groups—and Mapogo in particular—the monograph considers various initiatives of the criminal justice system that could positively impact on the phenomenon.

Methodology

This monograph began with a literature review on the origins of vigilantism in South Africa from the early 20th Century through to the present along with an analysis of past and current media coverage of vigilantism. Fieldtrips were subsequently conducted in the Northern Province, Western Cape and Gauteng. These consisted of qualitative interviews with stakeholders in government, civil society and members of vigilante groups.

More specifically, in the Northern Province the following people were interviewed: senior police officials, justice officials, members of various community fora, traditional healers, the South African National Civic Organisation, executive members of the interim Mapogo and members of Mapogo led by its president Montle Magolego. In addition, victims of vigilante attacks, traditional leaders and youth groups mainly in Seshego, Mankweng, Nebo, Motetema and Lebowakgomo were interviewed.

In Gauteng, interviews were conducted in Alexandra, Pretoria and Diepsloot with the executive member of Mapogo, police officials at local police stations, and selected business people.

In Cape Town, a range of similar stakeholders were interviewed including the police, members of the Peninsula Anti-Crime Agency (Peaca), the Center for Military Studies, the Heide-Cath Neighbourhood Watch, community members in Gugulethu, Nyanga and Khayelitsha.

On completion of the fieldwork, a closed roundtable discussion, a public conference and a briefing in the Northern Province were held with relevant stakeholders, government representatives, academics and members of Mapogo, to inform the direction of this monograph.

Monograph outline

Chapter two traces the development of vigilantism in South Africa with a focus on the past decade. On the basis of this discussion, the chapter attempts to define vigilantism.

Chapter three presents a case study of Mapogo-a-Mathamaga. It begins with an overview of the Northern Province where the organisation has its roots, and reviews the crime trends in this area. The development and operations of Mapogo are discussed.

Chapter four outlines selected initiatives taken by the Departments of Safety and Security and Justice to strengthen the criminal justice system and in doing so, assist in reducing vigilantism. It ends with a review of the key issues that lead to vigilantism and recommends several interventions to reduce the problem in the short to medium term.