Chapter 1

LEGISLATIVE RESPONSES TO ORGANISED CRIME IN THE SADC REGION

The idea of bringing together people from different countries and backgrounds is highly commendable. The experience even at a regional level is necessary so that the issues that are frequently canvassed at international forums are given a sharper focus for purposes of creative planning and implementation. The menace of organised crime is not a theoretical phenomenon. It is a reality that governments and peoples across the face of the globe are grappling with on a daily basis. Huge financial resources, which should have been spent on development initiatives for the improvement of the fortunes of people, are directed towards the containment, if not the elimination, of national and transnational syndicates — rogue elements who have surrendered all sense of decency to pursue the acquisition of wealth and comfort at the expense of law-abiding nationals.

For organised crime groups, the dawn of the new era of globalisation means the globalisation of their nefarious activities. The significant advances in the area of information technology are equally exploited to undermine good governance and subvert the objectives of conventional economies throughout the world. In the circumstances, no government, no matter how strong its technology, can fight and hope to win the war against organised crime syndicates without co-operating with other governments, both regionally and worldwide. The response to organised crime must also be an organised initiative within and outside the country’s borders.

Organised crime is a problem in South Africa and in its SADC neighbours, just as it is a problem in most countries of the world. The government is well aware of the fact that the consequences could be disastrous for good governance and the economy in the absence of the political will to confront the phenomenon head-on with all the might and ruthlessness that can be summoned. It could lead to the perception, for instance, that government is weak and that its law enforcement agencies and the judiciary are incapable of standing up to the security threat posed by organised crime. It could facilitate corruption and create opportunities for government officials to serve their own interests instead of those of the state, thus blurring the distinction between criminal thugs and those officials who are supposed to be fighting them. It could adversely affect stock market activity and consumer interests and contribute to the emergence of various illegitimate businesses, which deal in stolen and counterfeit goods. It could discourage foreign investment and create a situation where people begin to question the integrity of genuine business practices conducted either by the government or by respectable private institutions. It could even influence the value of real estate, the currency and the price of goods and services such as motor vehicle parts, clothing and insurance, to name but a few. It could also result in aggressive and unjustified criticism by some members of the community who have no or limited information, or who conveniently ignore government’s initiatives and successes in the fight against crime.

The organised manner in which such syndicates and groups extend their tentacles into society and corrupt officials from the lowest to the highest echelons in the public service and civil society, in general, could threaten internal and external confidence and accordingly a country’s economic well-being. Given the resources available to organised crime syndicates, and their capacity to undermine governments and their economies, the luxury of under-estimating their potential or real threat to peace and stability cannot be afforded. The point must be made again that the phenomenon of organised crime is not limited to a specific country or region. It is, on the contrary, a global onslaught aimed at creating and, in certain instances, consolidating alternative economies.

South Africa is no exception and, since its return to the global arena, has felt the effects of transnational organised crime syndicates attempting to extend their tentacles to ‘new markets’. Given South Africa’s relatively well-developed infrastructure, modern telecommunication systems, technology and business practices, it would appear that the scope of organised crime has evolved from generally small-scale local operations to international syndicates. The majority of known syndicates operating in South Africa specialise in motor vehicle theft, drug-dealing, fraud, armed robbery and dealing in firearms. The effects of these crimes are increased violence, a booming private security industry, rising insurance premiums, higher banking costs and a general sense of insecurity among law-abiding citizens.

It might be that many people have not been robbed, have not had their vehicle stolen, or have not been defrauded, but this does not mean that anyone has escaped the consequences of the activities of organised crime syndicates. Every citizen is eventually a victim who has to contend with rising insurance premiums, potential job losses and a host of other negative consequences.

What makes the threat of organised crime so profound is the fact that corruption occurs of state officials and other functionaries in the private sector. The ability of crime syndicates to buy into government and corrupt officials, especially the police, enables organised crime operations to run more smoothly. As long as there are corrupt officials who act in collusion with criminals, crime syndicates will show a readiness to compensate for ‘services rendered’.

The relationship between corrupt officials and crime syndicates is symbiotic. Corruption is the antithesis of good governance and, if left unchecked, will undermine the structure of good governance. In a sense, the fight against organised crime is a fight against corruption, and the fight against corruption is a fight against crime — both scourges should be fought simultaneously. In the absence of a determined bid to do so, the fight should be abandoned for more pleasant pastimes.

In South Africa, the large-scale onslaught by organised crime has been effectively countered and, as such, the country has been spared the full brunt of the consequences alluded to above. The government cannot be accused by anybody of sound mind of turning a blind eye to the menace of organised crime. Apart from a vast array of legislative tools that are in place, a variety of new and innovative strategies have been adopted and implemented to address crime in general. Law enforcement agencies have been rid of the low levels of legitimacy that haunted them during the apartheid era. These strategies range from the implementation of an organised crime threat analysis, a new three-year crime combating strategy in line with government’s policy of an integrated approach to the fight against crime and an improved capacity to deal with organised crime by restructuring the specialised units in the SAPS. Successes include the elimination of 366 organised crime groups, the prosecution of 233 organised crime syndicate leaders and 2 334 ordinary syndicate members. During 2000 alone, a total of 4 775 kilograms of gold-bearing material and various instruments used in the processing of gold-bearing material were confiscated from syndicates involved in the illegal trade in precious metals.

The government has been equally active in the international arena. In December 2000 in Palermo, Italy, South Africa, together with more than 118 other countries, signed the United Nations Convention Against Transnational Organised Crime. The Convention and its protocols were signed by the government out of a clear understanding that the fight against organised crime syndicates is a proper and fitting response. In addition, and since 1994, the Department of Safety and Security has been involved in the negotiation and conclusion of a number of police co-operation agreements, including the establishment of the Southern African Regional Police Chiefs Co-ordinating Organisation (SARPCCO). A multilateral co-operation agreement, effectively paving the way for increased police co-operation in the region, has been signed by 11 countries and is now in force. From this agreement and the initiatives of SARPCCO, a number of joint crossborder operations have been successfully concluded and the might of a region united in action against crime has been felt.

Further afield, bilateral co-operation agreements have already been sealed with countries in Africa, Latin America, Europe and Asia. Crime liaison officers have been posted in the United Kingdom, Brazil, Swaziland, Mozambique, Ghana and Namibia for the purpose of gathering, managing and co-ordinating information related to drugs and organised crime.

Consisting of developing countries and emerging markets, the Southern African region is attractive to international crime syndicates. As long as any one of the SADC members remains weak, the region will experience destabilising influences. This seminar once more transmitted a loud and clear message to those rogues out there who will be dealt with wherever and whenever they are found. As a region and even as individual states, neither strength nor courage will be spared.

As mentioned above, the South African scenario is one of success and will surely serve as an inspiration to all in the region. The government must build on these gains and continue to sharpen the tools of preventing, investigating and prosecuting all forms of crime syndicate activities at home and across the borders. In order to do so successfully, the anti-corruption drive must be stepped up as never before, particularly within the police, Correctional Services and the prosecutorial environment. As the corrupt elements are removed from within the ranks, an equally tough campaign must be launched against those elements in civil society who have taken it upon themselves to corrupt members and officers of the entire criminal justice system.