Using crime to fight crime:

Tracking vigilante activity


Citizens throughout South Africa, frustrated with crime, are seeking alternative ways to protect themselves from criminals. The growth of the private security industry and vigilante activity is an indication of this. The case of Mapogo-a-Mathamaga with over 300 criminal cases pending against its members, indicates the length some have gone to in search of speedy justice.

Over the past few years, parts of South Africa have witnessed the emergence of a strong community reaction against crime. Just two years after the 1994 election, criminals were holding communities to ransom and the government was seen to be failing to protect its citizens. The community’s reaction to the state’s percieved failure was demonstrated in the Northern Province and the Western Cape where there has been strong support for a harsh and swift response to criminals as advocated by Mapogo-a-Mathamaga and Pagad (People against gangsterism and drugs) respectively. Their actions, although supported by many, have been described as vigilantism characterised by:
  • Acts of severe violence including the serious assault and murder of alleged criminals.
  • Punishment that often exceeds the crime allegedly committed.
  • Engaging in illegal acts such as kidnappings, crimen injuria, malicious damage to property, theft, robbery and sabotage.
  • Alleged perpetrators being accosted by highly charged mobs.
  • The lack of a clear structure, rules and limitations in the way the vigilante organisation operates.
  • The absence of communication lines between the groups and state organs such as the police.
In one form or another, vigilante groups exist throughout South Africa. Supporters of vigilantism argue that the high level of crime and the government’s perceived failure to curb crime, necessitates strong action from communities. Some of the known vigilante groups are the Umfelandawonye in the Eastern Cape, Mapogo-a-Mathamaga in the Northern Province, and Pagad, PEACA and taxi associations in the Western Cape.

As part of a research project on vigilantism, the Institute for Security Studies investigated the activities of Mapogo-a-Mathamaga in the Northern Province.

Mapogo-a-Mathamaga

Mapogo-a-Mathamaga was formed in August 1996 after the eigth murder of a businessman in the Sekhukhuni/Nebo area. Initially the group was formed to protect business people, and was perceived to be succeeding in its fight against crime. It was referred to as Mapogo — business shield. During campaigning later the same year, Mapogo managed to recruit other community members as well. Mapogo then changed its name to Mapogo-a-Mathamaga — Community and Business shield with its headquarters at Jane Furse. Today the group boasts 72 branches with over 40000 members. Only registered members are entitled to Mapogo’s protection. The only circumstances that do not require that a person be a member is in cases of rape. To be a member of Mapogo, a joining fee is payable at a local branch and that fee is determined by the social and business status of the prospective member (Table 1). Those who own businesses and cars are supplied with stickers sporting two leopard heads to be displayed on their properties. This serves as a deterrent to potential criminals.

Table 1 Mapogo-a-Mathamaga membership fees

Black members
Joining fee
Monthly payment
Business (small enterprises)
R500
R100
Community members
R300
R50
Pensioners
R165
R10

White members
Joining fee
Monthly payment
Groblersdaal businesses
R1000
R100
Farmers
R1500 – R5000
Companies
R5 – 10000

Harsh and swift punishment

Mapogo claims that its success in fighting crime is due to administering sethlare or medicine to criminals. The suspended leader of Mapogo, Magolego Monthle, believes that "crime is out of hand, the government cannot cope, corporal punishment is the best approach. There are no suspects, just criminals. If you are caught red-handed, you are a thief. The case is not remanded, street justice is applied." Many residents in the Northern Province believe that crime has decreased since Mapogo was established. But the police do not agree. They point out that assault is a crime and that Mapogo’s strategy often involves dropping off alleged perpetrators they have assaulted at the police station. But Mapogo employees do not co-operate with the police in the investigation of alleged crimes and cases have to be dropped as there is often no one to give evidence.

The Department of Safety and Security and police stations have taken a tough stance to prevent Mapogo from assaulting people and breaking the law. Since its formation in 1996, almost 300 charges have been laid against members of Mapogo-a-Mathamaga (Figure 1).

Figure 1 Charges laid against members of Mapogo-a-Mathamaga, 1996 - 2000

Source: South African Police Service, Northern Province

Charges include assault, malicious injury to property, crimen injuria, public violence, intimidation and sabotage. The police have had many successes in investigating and arresting Mapogo members (Table 2).

Table 2 Criminal cases conducted against Mapogo members, 1996 - 2000

Number of arrests
607
Number of investigations
118
Number of court cases
63
Number of convictions
14
Withdrawn cases
40
Number of acquittals
12

It is evident from the statistics that some Mapogo members have engaged in criminal activities. While Mapogo members have been involved in criminal activity, the organisation has continued to enjoy public support. This may be a result of various factors:
  • Failure by the police to give feedback on the status of cases to complainants, as well as lack of arrests.
  • Apparent collusion between the police and criminals.
  • The state’s perceived reluctance to act on communities concerns about crime.
  • Poor understanding of the criminal justice process by the public.
  • Complex, lengthy and often costly court processes which rarely show results.

What should be done?

The preliminary research results suggest that the key to reducing vigilantism is to improve community attitudes towards the criminal justice system.

The police and the courts must reverse the growing public perception of corruption within these institutions and increase confidence and trust which encourages people to co-operate with the system. This will require fixing key blockages in the criminal justice process and improving police service delivery to the public. Quick fixes are unlikely to reduce vigilantism and government should not be seen to be reacting to popular demands for immediate solutions.

Some suggestions of what could be done by the state include:

  • Access to the courts needs to be improved. Many people, particularly the illiterate, feel alienated from the court process.
  • The establishment of branch courts can further help unclog court backlogs. Less serious cases can then be expedited by smaller branch courts.
  • Mediation and arbitration could be applied where cases do not have to go to court. This will have the effect of speeding up the processing of cases and easing the burden on the court roll. This should only apply to petty crimes and cannot address vigilante responses to violent crimes.
  • Public awareness campaigns on the workings of new laws such as the bail law, the Domestic Violence Act, and the rights of the accused are necessary.

Conclusion

The public seeks a criminal justice system which is cost effective, time saving and produces results that people can see. Vigilantism, as a part of the many community initiatives to fight crime, has found a niche in an ailing criminal justice system. Properly regulated, certain vigilante type activities could be incorporated into the concept of community justice or community courts as expounded in a discussion paper by the South African Law Commission. However, acts which are in themselves criminal and which undermine the rule of law, should not be allowed to continue.

Makubetse Sekhonyane
Institute for Security Studies