Monograph 72: Violent Justice, Vigilantism and the State`s Response, Makubetse Sekhonyane and Antoinette Louw
South Africa`s
high crime rate and inefficient criminal justice system cause many
people to feel at best, insecure, and at worst held to ransom by both
criminals and the government. As a result, public confidence in the
police and the courts has decreased in the last few years. Many people
have turned to self-help safety measures or have sought assistance
outside government for protection against crime. The most obvious
example is the private security industry which continues to grow in
South Africa. But for those who cannot afford to buy these services,
vigilantism has become a viable option.
Crime and vigilantism are not uniquely South African
experiences. In Nigeria for example, a weak and poorly resourced
criminal justice system has led to a situation in which members of
vigilante groups now outnumber police officers. These groups are just as
violent as those in South Africa. In South America, and particularly in
Brazil, lynch mobs have at times taken to the streets after ordinary
people felt that corruption in government and victimisation by drug
gangs were terrorising their communities.
The concern is 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.
One of the better-known vigilante groups in South Africa is
Mapogo-a-Mathamaga, based in the Northern Province. Mapogo is the focus
of this monograph not only because it is the largest group in the
country, but also because it is unique in that it has support across
race and class lines in both urban and rural areas. This support is
based on the belief that Mapogo will deliver swift and harsh punishment
and thus deter crime. Equally important, Mapogo`s leader is charismatic
and brave, and evokes sentiments 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.
There is evidence that government has acknowledged the problems
facing the criminal justice system and is taking action. Many new
pieces of legislation, policies and strategies have been developed since
1994. Five types of initiatives that could assist in reducing
vigilantism are:
- Improving the functioning of the criminal justice system as a whole
- Improving the conviction rate
- Improving service delivery to the public
- Enacting laws that are `tough on offenders`
- Assisting the police and courts through crime prevention partnerships.
While most of
these initiatives are appropriate and necessary, certain factors will
limit their impact on vigilantism. These factors are discussed in the
context of four recommendations:
Publicise, on an ongoing basis, the convictions of perpetrators of serious and violent crimes, and corruption
The main factor limiting the impact of the current initiatives
on vigilantism is that many are likely to show positive results only in
the medium to long term. To offset this, communication strategies should
be developed that publicise the successes of criminal justice
initiatives. In particular, the public should be notified when
perpetrators of serious offences, violent crime and corruption are
convicted.
Prosecute those guilty of vigilante activity
Another limiting factor is that despite several efforts by the
police to investigate vigilantism, government has yet to send out an
unequivocal message that these activities will not be tolerated. A
targeted and visible approach that focuses on prosecuting those who
commit vigilante acts, and the public condemnation of vigilantism by
safety and security leaders, is required.
Improve information provision as outlined in the White Paper on Transforming Public Service Delivery
Although some aspects of service delivery are improving, the
key weakness remains the provision of information to the public about
the way the criminal justice process works. One of the reasons why
people support vigilantism is the lack of information about proceedings
in the criminal justice system. More attention should be paid to the
White Paper on Transforming Public Service Delivery (Batho Pele) which
stipulates that government departments should not only deal with
complaints and cases brought by the public, but also provide information
about how each service works, and what people can expect from the
service provider. By doing so, officials in the police and courts could,
in the process of their day to day activities, quite easily meet the
frequently cited need for public education on the functioning of the
criminal justice system.
Encourage community crime prevention partnerships
Despite policy on community policing and high level political
support, functional partnerships between members of the public and
agencies of the criminal justice system remain limited. Effective
community-police partnerships can reduce the likelihood that people will
resort to vigilantism and provide an avenue for constructive and legal
participation in crime fighting efforts. Such focused partnerships,
where roles and responsibilities are clear, should be encouraged to help
reduce vigilantism. Partnerships should also be extended to court and
prison processes in order to, for example, encourage people to testify
in court, participate in community corrections, parole decisions and
supervision and support of offenders released on parole.