Experts warn that South Africa might have lost its grip on law and order and may even have entered a state of lawlessness, with violent crime levels reaching alarming heights. Many cases brought before courts are withdrawn or dismissed, further undermining public confidence in the justice system.

Calvin Rafadi, crime expert and Research Associate at the University of Johannesburg, has warned the level of crime reflects a serious deterioration in law and order.

According to Rafadi, one of the major drivers of this surge is the widespread availability of illegal firearms in the hands of criminals who act with impunity .

“He further highlighted the role of undocumented immigrants, some of whom collaborate with well-known criminal syndicates, often armed with automatic rifles and explosives.

“A worrying factor in Mzansi is that these organised criminal gangs are operating not only in townships , mining communities but also in areas earmarked for economic investment and even in tourist attraction suburbs,” Rafadi said.

“Law enforcement should have dismantled such networks a long time ago, moreover that many gang member are well known in their communities.”

He stressed that the effective way to tackle organised crime is through the Prevention of Organised Crime Act (POCA).

By activating POCA against known gang members, specialised units such as the Asset Forfeiture Unit can strip syndicates of their illegally acquired assets. 

“This approach weakens their financial power, disrupts recruitment, and prevents the glorification of gang leaders by vulnerable youth,” Rafadi explained.

Rafadi also issued a stern warning to community members and families who assist criminal gangs. His research indicates that some individuals are paid or mobilised to side with gang members. 

“Aiding and abetting organised crime is itself a serious offence,” he cautioned. 

“Those who provide support to syndicates are equally liable and can face the same charges as the criminals they protect.”

Chad Thomas, a forensic investigator and crime expert said the country is experiencing a marked depreciation in effective policing in South Africa, as evidenced by crime statistics. 

“The public’s perception of SAPS’ ability to investigate crime has also declined significantly,” Thomas said, citing the recent Stats SA crime survey.

Gang-related violence is a growing concern.

“While most attention focuses on gangsterism in the greater Cape Town area, gangs are recruiting nationally. Increasingly despondent youth, plagued by poverty, are easy targets, seeking money, recognition, and an outlet for frustration, often through violence,” he explained.

Thomas pointed to serious gaps in the criminal justice system.

“Even if crime investigation improved, the prosecutorial system lacks sufficient prosecutors, courtrooms, court days, and presiding officers. And if prosecutorial issues were solved, there would still be insufficient prison capacity for convicted criminals.”

He dismissed claims that gang violence is an attempt to undermine the state. “It is simply a middle finger to authority and the police. Gangsters have no respect for State structures.”

Systemic failures, he added, are compounded by corruption and in-fighting within the police. “A lack of credibility and deficient leadership has left officers on the ground rudderless.”

To restore public trust, Thomas said urgent action is needed: “Investigation skills and intelligence-gathering resources need strengthening. The Hawks must receive the necessary budget to double their current capacity.”

Crime expert and senior lecturer, Albert Van Zyl, who also heads the corruption and integrity studies unit at the North West University Business School, cited multiple international indicators. “Most key international indices show that aspects pertaining to law and order have continuously deteriorated since the period of State Capture,” he said.

 The 2024 Transparency International Corruption Perception Index gave South Africa a score of 41 out of 100, while the World Justice Project’s Rule of Law Index shows the country falling below the global average in order and security.

Van Zyl warned that gang-related violence is a growing threat. 

“There is a deadly nexus between intra-party conflict, corruption, maladministration, and gangs, with kidnappings for ransom and extortion increasingly common.”

He highlighted the 2023 African Organised Crime Index, which details how quasi-criminal networks operate with transnational links and local corruption to sustain drug trafficking, robberies, and other violent crimes.

“Organised crime groups are professional enterprises with vast resources and access to technological advances faster than government frameworks allow. Law enforcement must be properly resourced and allowed to execute their mandates without political interference.”

Van Zyl called for urgent measures to restore public trust, including decisive action against criminals, disrupting their infrastructure, improving police capacity, and addressing broader systemic issues such as poverty, corruption, and inadequate community safety measures.

On the ground, National Community Policing Forum chairperson Fransina Lukas said it’s a lot of factors that contribute towards the state of lawlessness.

“These include youth unemployment, poverty, overcrowding and lack of opportunities and recreational facilities, and school dropouts who are being recruited in these gangs.”

Lukas warned that lawlessness is rampant: “I really think things are out of control… from where we stand we are so concerned that lawlessness is the order of the day.”

She highlighted legal obstacles, including outdated legislation: “I would call for amendments to the Criminal Procedure Act… it’s an outdated act of 1977. I would even go as far as to say change the constitution.

In response Kamogelo Mogotsi, spokesperson of National Minister of Police, Professor Firoz Cachalia, said the Minister will still speak on the state of law and order, crime levels in the country and outline his priorities soon. 

“The Minister will be going to all the provinces in the country and wil lmeet with the provincial and local governments, the SAPS provincial management and the various district and station commanders to conduct provincial assessments of the key crimechallenges faced and performance of the SAPS in addressing these.

“These engagements will be meaningful and impactful, where decisions on critical issues requiring attention to be attended to by the relevant role player/s will be taken and implementation will be closely monitored.

“The Ministry will also conduct inspections of police stations, to assess infrastructure and to also take stock of other challenges facing police stations and will also engage with other relevant stakeholders in the various provinces,” she said.

tracy-lynn.ruiters@inl.co.za

Weekend Argus 

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