South African Police Service

QUARTERLY REPORT 2/97:

THE INCIDENCE OF SERIOUS CRIME
BETWEEN 1 JANUARY AND 31 MARCH 1997

TABLE OF CONTENTS

EXECUTIVE SUMMARY

1. INTRODUCTION
2. UNDER-REPORTING OF CRIME
3. INTERNATIONAL COOPERATION IN THE FIGHT AGAINST CRIME 
4. POLICE INVOLVEMENT IN CRIME - AN INTERNATIONAL PERSPECTIVE
5. THE NATIONAL AND PROVINCIAL CRIME SITUATION
6. A SELECTION OF RESEARCH RESULTS RECEIVED FROM PROVINCIAL CRIME INFORMATION MANAGEMENT CENTRE (CIMC) OFFICES
7. ORGANISED CRIME
8. COMMERCIAL CRIME

ANNEXURE A
ANNEXURE B

EXECUTIVE SUMMARY

MAIN FINDINGS

1. In cooperation with the Human Sciences Research Council (HSRC) a few questions pertaining to the reporting of crime were included in an HSRC omnibus survey. The results clearly indicate that the under-reporting of crime is so extensive that it may contribute to perceived increases or decreases in the incidence of crime. Follow-up surveys employing exactly the same questions are necessary to determine to what extent under-reporting fluctuates and how this phenomenon influences crime tendencies [see Section 2 of this report].
2. In response to questions pertaining to the involvement of South African Police Service (SAPS) members in crime raised in connection with the previous quarterly report [see report 1/97], inquiries were sent to 176 Interpol member countries. The response received seems to indicate that member countries in general either do not keep statistics pertaining to this phenomenon, or are reluctant to divulge such statistics [see Section 4 of this report].
3. A comparison of quarterly (January - March 1997) crime ratios pertaining to the 20 most serious crime tendencies (comprising 99.1% of the total crime figure accounted for by the serious crime tendencies listed in Annexure A of this report) with regard to 1994, 1995, 1996 and 1997 reveals that none of these tendencies increased during the first quarter of 1997. In fact, 9 tendencies (47.7% of all serious crimes under discussion) decreased, while 11 tendencies (51.5% of all serious crimes) have stabilized [see Section 5 of this report].
4. The Provincial breakdown of crime ratios reveals very much the same picture as that observed with regard to report 1/97. Gauteng, the Western Cape and the Northern Cape are respectively in a first, second and third position as far as the incidence of serious crime is concerned. Surprisingly, the Northern Cape is the worst off with regard to the incidence of rape, assault and murder [see Section 5 of this report].
5. Various research findings (mainly based on docket analysis) from the Provincial Crime Information Management Centre (CIMC) offices confirmed the strong relationship between alcohol and drug abuse and the incidence of various violent crimes [see Section 6 of this report].
6. A more comprehensive view of issues pertaining to organized crime and its incidence in South Africa is contained in Section 7 of this report.
7. Figures pertaining to the incidence of commercial crime in South Africa during the first quarter of 1997 are contained in Section 8 of this report.

1. INTRODUCTION

This is the fourth report compiled according to the guidelines set by the Ministry for Safety and Security regarding the release of crime statistics. It deals with the incidence of crime during the first quarter of 1997 and also addresses issues identified in the previous quarterly report (1/97), like the under-reporting of crime, a more comprehensive view of the incidence of organized crime and police involvement in crime, as well as additional research findings arrived at by the Crime Information Management Centre (CIMC) of the South African Police Service (SAPS) since the previous report.

2. UNDER-REPORTING OF CRIME

It has often been mentioned in previous Quarterly Reports of the Crime Information Management Centre (CIMC) that these reports only deal with figures pertaining to cases of reported crime. It has furthermore been emphasized that decreases and/or increases in crime tendencies could, to a lesser or larger degree, be influenced by decreases and/or increases in the under-reporting of crime. It is therefore of the utmost importance to measure the under-reporting of different crimes from time to time by means of surveys.

The Human Sciences Research Council (HSRC) included a few questions regarding the under-reporting of different crimes over the preceding six months in a representative country-wide survey among adult people representing 2220 South African households conducted between 3 and 28 February 1997. It is hoped that these few questions, dealing with crimes committed against the respondents or members of their households, would be repeated as regularly as possible (but at least every six months) in an attempt to determine the influence of under-reporting on reported crime figures and arrive at a picture of the real incidence of crime.

The results of the above survey are contained in Table 1 below.

TABLE 1

From Table 1, it is evident that the under-reporting varied between 19% (serious assault) and 40% (common assault) as far as crimes against adults are concerned, while it varied between 6% (murder) and 41% (serious assault or attempted murder) as far as crimes against children are concerned. With regard to property related crimes, under-reporting varied between 12% (vehicle theft) and 46% (other robbery).

Ideally the three main categories of crime dealt with in Table 1 should be analyzed separately, but because of the low N-values (numbers) involved such an analysis would not have been valid.

The under-reporting of different crimes evident from Table 1 was also analyzed according to certain biographical variables like age, gender, educational level, etc. The results are reflected in Table 2. In this table the reporting response of 479 households (among the 2220 households surveyed) which had been victims of crime during the preceding 6 months, was analyzed according to the biographical characteristics of the respondents. This analysis was only done to arrive at a clearer picture of the type of people more inclined not to report crime. Strictly speaking it would have been desirable to procure the biographical details pertaining to the victims themselves, but this would have required a complete victimization study.

TABLE 2

From Table 2 it is evident that especially respondents living in Gauteng and the Northern Province, black people, women, people in the age group of 45 to 54 years, persons with no or little education, speakers of Northern Sotho and mine and production workers tend more often not to report crime.

Two questions possibly arising from the survey are whether under-reporting of murder is possible and how reliable responses to the questions put by the HSRC are. In this regard the following should be noted:

3. INTERNATIONAL COOPERATION IN THE FIGHT AGAINST CRIME

The escalation of crime and the increasing incidence of transnational and organized crime operating on a global scale are phenomena causing increasing concern. These phenomena have to be addressed at an international level and the South African Police Service receives and renders valuable assistance in this regard through its membership of Interpol.

The magnitude of the Pretoria Interpol office’s activities is reflected by the 19 677 X400 messages received and 4829 sent during 1996. In addition, 19024 facsimile messages were received and 21468 sent. Inquiries were received from 78 offices around the globe and 2453 cases were registered for investigation by the local Interpol office.

Besides inquiries/cases received from almost all the Specialized Units within the SAPS, a service was also rendered to other state departments like the Departments of Home and Foreign Affairs and the Department of Justice, as well as the South African Revenue Service and the Office for Serious Economic Offences.

At present formal extradition agreements exist between South Africa and Botswana, Swaziland, Malawi, Taiwan, the USA, Israel and Lesotho. However, assistance in this regard stretches much wider and fruitful cooperation exists with a host of other states. This cooperation ranges from the tracing of wanted persons (including kidnapped children) to the provision of valuable evidence, the arrest of suspects and the deportation or repatriation of suspects wanted in connection with a wide variety of serious offences, ranging from murder and armed robbery to fraud and drug-related crimes. Two recent examples of the above include the extradition of Peter LANE, wanted on fraud charges in Britain, and the arrest and extradition of Phillip Harold BELL, wanted by the Australian authorities in connection with 215 charges of child molestation.

The trend towards globalization has made Interpol an indispensable tool in the combating of crime and it is expected that international cooperation will play an increasingly vital role in curbing the incidence of especially organized crime in future.

4. POLICE INVOLVEMENT IN CRIME - AN INTERNATIONAL PERSPECTIVE

Questions raised in connection with Section 8 of the previous quarterly report surrounding the involvement of SAPS members in crime, dealt mainly with how South Africa compared to other countries in this regard. A request was therefore sent to 176 Interpol member countries in an attempt to procure international statistics pertaining to this issue. The response up to now has been somewhat disappointing. Answers were received from only 13 countries around the globe, among which only two countries provided some figures regarding police involvement in crime. Answers from the other countries are still being awaited. If any sensible results are received, comparative figures will be included in a future quarterly report. However, available information is not encouraging, as most countries do not seem to keep or divulge figures pertaining to police involvement in crime.

5. THE NATIONAL AND PROVINCIAL CRIME SITUATION

A comparison between the serious crime ratios for the first quarter (January to March) of 1997 and those for the corresponding period during 1994, 1995 and 1996 respectively will be used to arrive at an answer to the question of whether any improvement in our crime situation can be discerned or whether the situation is deteriorating.

THE NATIONAL SERIOUS CRIME PICTURE

Figures relating to the twenty most common serious crime tendencies (all showing an annual incidence of more than twenty cases per 100 000 of the population) are compared for the first quarters of 1994, 1995,1996 and 1997 respectively in Table 3. These twenty crime tendencies comprise more than 99.1% of the total crime figure accounted for by the twenty-eight serious crime tendencies featured in Annexure A, which contains reported crime figures for the first quarters of 1994, 1995, 1996 and 1997, as well as the respective crime ratios calculated per 100 000 of the population. It should be noted that the 28 crime tendencies listed in Annexure A accounted for 76.6% of all crime reported to the SAPS during the period under consideration.

An analysis of the figures pertaining to the crime tendencies featured in Table 3 indicates that with regard to none of the twenty tendencies under discussion did the ratio increase during the first three months of 1997. This is in line with trends already identified in the previous quarterly report, No 1/97.

Of the nine crime tendencies featuring decreases (and which represent 47.7% of all the serious crimes involved in those crime categories listed in Annexure A) the incidence of robbery with aggravating circumstances and arson may decline by 40% before 1999 - compared to 1994 - if the annual rate of decrease observed at present is maintained, while murder, housebreaking at business premises, shoplifting and theft out of/from motor vehicles may experience a decline of 15% before 1999 under the same circumstances. In the case of other thefts, commercial crime and malicious damage to property, the decreases are not yet of a significant nature.

The eleven crime tendencies which have stabilized, namely attempted murder, rape, serious assault, common assault, housebreaking at residential premises, other robbery, stock-theft, theft of motor vehicles, the illegal possession of firearms, drug-related crime and driving under the influence of alcohol or drugs, comprise 51.5% of all the serious crimes involved in those categories of crime listed in Annexure A. However, it should be kept in mind that crimes associated with the last three tendencies are heavily dependent on police action for detection and that a stabilization in this case might mean that the crimes involved are not effectively policed.

In conclusion it may be necessary to refer specifically to a few crime tendencies often referred to in the media and which have a particular impact on especially foreign investment confidence, but which have only been indicated as separate crime categories on the crime code list since the end of 1995, namely carjackings, the hijacking of trucks with freight, robbery of cash in transit and bank robberies [see the last page of Annexure A]. From Annexure A the following is evident:

As far as the national serious crime picture is concerned, the situation can be summarized by stating that there has been a marked improvement of the crime picture in South Africa since the election year of 1994.

PROVINCIAL BREAKDOWN OF THE JANUARY TO MARCH 1997 CRIME RATIOS

A provincial breakdown for the period January - March 1997 pertaining to fifteen serious crime tendencies is given in Table 4 (cf. also Annexure A). Only those provinces suffering higher crime ratios than the national average per crime tendency have been included in the table. For every specific crime category, the provinces are ranked from those suffering the highest ratios above the national average to those featuring the lowest ratios in this regard.

When Table 4 in this report is compared to Table 2 of report 1/97 (which was based on figures for 1996) it is clear that the pattern has not changed much. The only changes are the following:

It is also interesting to note the following:

• Gauteng occupies six first, two second, three third and three fourth positions in Table 4. The only serious crime in this province featuring a ratio below the national average is stock-theft.
• The Western Cape occupies three first, nine second and one third positions. The two serious crimes featuring ratios below the national average in this province are stock-theft and robbery with aggravating circumstances.
• The Northern Cape occupies six first, two second and four third positions. The three serious crimes featuring ratios below the national average in this province are motor vehicle theft, attempted murder and robbery with aggravating circumstances.
• The Free State occupies one second, two third and four fourth positions. The eight serious crimes in the Free State featuring ratios below the national average are other robbery, shoplifting, theft of motor vehicles, theft out of/from motor vehicles, fraud, murder, attempted murder and robbery with aggravating circumstances.
• As far as the other five provinces are concerned, the North West Province, KwaZulu-Natal and the Eastern Cape each feature three serious crimes with ratios above the national average. Mpumalanga features in the table with regard to only a single serious crime, while the Northern Province does not feature in the table at all.

In conclusion, a word of caution seems appropriate with regard to the provincial breakdown of crime featured in Table 4. In the calculation of all the ratios used, the human populations of the provinces served as the basis of calculation. It has already earlier [see report 1/97] been indicated that this is not the ideal method to employ as far as property related crimes are concerned. The provincial populations have furthermore been calculated on the basis of estimates based on the figures obtained during the previous census and significant differences may emerge once the 1996 census results become available. These two facts may change the pattern observed in Table 4 quite dramatically.

6. A SELECTION OF RESEARCH RESULTS RECEIVED FROM PROVINCIAL CRIME INFORMATION MANAGEMENT CENTRE (CIMC) OFFICES

Some research results - mostly based on docket analysis - were arrived at during the period covered by this report (1 January - 31 March 1997). It should be noted that until at least a criminological based crime code list, a geographic information system (GIS) and sufficient personnel to run the CIMC structures country-wide become available, it would be almost impossible to present research findings regularly and these will continue to largely depend on ad hoc findings. However, even these rather unsatisfactory research findings based on very haphazard docket information facilitate a better understanding of crime. The following is a selection of some research findings made during the first quarter of 1997:

RAPE

The Western Cape CIMC office conducted a study based on rape cases reported during December 1996 (i.e. 585 rape cases) by means of docket and operational analysis to arrive at the following conclusions:

• 53% of all rape cases analyzed during the period under consideration occurred over weekends.
• 7% of all the suspects involved had been under the influence of alcohol or drugs at the time when the rapes occurred.
• The complainants had known 61% of the suspects involved before the acts occurred. This may imply a high occurrence of so-called date rape", acquaintance rape" or seduction of victims.

An analysis of 746 dockets from 1995 done in the Northern Cape, indicated the following:

The provincial CIMC office in the Free State analyzed 1522 rape cases reported between August 1996 and January 1997 and found that 43% of the cases involved people known to one another and that 56% of the crimes occurred in the complainants’ homes.

The above preliminary findings arrived at by 3 CIMC offices indicate that the occurrence of rape may in many instances be related to date rape, acquaintance rape or seduction of the victims - facts that any counter-strategy will clearly have to take cognizance of. Punishment fit for perpetrators involved in gang-rapes or the rape of strangers may, for example, not be appropriate for those involved in the above categories of rape.

MURDER

An analysis of 4212 murder cases reported in the Eastern Cape during 1996 by the CIMC office in that province indicates that only 4% of the murder cases were related to the conflict in the Tsolo/Qumbu areas, 3% to taxi related violence and 1% to gang related violence. The remaining 93% of murder cases were mainly linked to alcohol and drug abuse. It is also significant that only 34% of all murders and 48% of all robberies reported during the period under consideration had been committed with firearms.

An analysis of murder dockets done by the CIMC office in the Northern Cape largely supports the findings made in the Eastern Cape:

• Most murders occurred on Saturdays (especially Saturday evenings).
• 68% of all victims were stabbed with a knife (52%) or other object.
• In the overwhelming majority of cases, no planning or motive could be associated with the murders. (Alcohol and family disputes played a dominant role in most of these cases.)

Docket analysis done in the Free State indicate the same tendencies:

• Most murders were committed with knives or other objects. Firearms were used in a minority of cases and either the perpetrator or the victim mostly legally owned the firearms used.
• In most cases the motive for the murders committed had been personal or inter-personal problems (e.g. marital problems, jealousy, self-defense, arguments, etc).
• In the majority of cases either the perpetrator or the victim, or both, were under the influence of alcohol when the act occurred. Many murders also occurred in or in the vicinity of drinking places.

Follow-up research done by the CIMC office in Mpumalanga (see Quarterly Report 1/97) confirms previous findings, as well as the patterns observed in other provinces:

• The majority of the 159 murder cases analyzed between 1 January and 31 March 1997, namely 59.1%, occurred in shebeens and other drinking places.
• In an additional 20.1% of the cases it was difficult to reach a conclusion, but it seems as if the victims involved were murdered on their way to or from drinking places.
• Indications are that 15.7% of cases may have involved planned murders.
• 5% of the murders were linked to taxi-related violence.

ASSAULT

The CIMC office in the Northern Cape analyzed 808 serious and 746 common assault cases reported in Kimberley, Roodepan and Galeshewe during the first quarter of 1997 and reached the following conclusions:

• 67% of all serious assaults and most of the common assaults occurred over weekends.
• In most cases of serious assault (54%) men were the victims, while women were the victims of the majority (57%) of cases of common assault. Among both sex groups the majority of victims fell within the age group of 18 - 29 years.
• Both types of assault occurred mostly indoors and were more prevalent in older residential areas or informal settlements experiencing poor socio-economic circumstances.

ROBBERY WITH AGGRAVATING CIRCUMSTANCES

Research regarding the circumstances surrounding robbery with aggravating circumstances done by the CIMC office in the Northern Cape revealed that most of these robberies could actually be described as street robbery:

• Most armed robberies (62.2%) occurred on streets.
• Knives were used to commit 45.9% of these robberies.
• In 56.8% of the cases studied, cash (between R0 and R100) was robbed.

This crime is very difficult to police due to its wide-spread occurrence and especially because it mostly occurs in areas where up to a third of the adult population are unemployed and resort to crime as a means of livelihood.

GANG-RELATED VIOLENCE

The CIMC office in the Eastern Cape did qualitative research regarding the phenomenon of gangs. As this is an important and wide-spread phenomenon, which may serve to explain many of the circumstances surrounding the above crimes like murder, rape, assault and robbery, a summary of this research is presented below.

The summary emphasizes the fact that the gang culture is actually something of a survival mechanism in a world of poverty and unemployment and that this phenomenon will never be eradicated by prosecution of the crimes committed by gangs alone. Socio-economic upliftment combined with a process of re-socializing is necessary to address the problem.

The research done inter alia indicates the following:

• The concept of gangsterism is not foreign to the mainly Colored community living in the northern areas of Port Elizabeth. Already during the late 1970's and early 1980's gangs like the so-called Mafias and Mongrels caused mayhem in these areas.
• A culture of gang related violence and the selling and smuggling of banned substances became embedded in the community.
• To belong to a gang in Port Elizabeth can be described as a family business". Fathers use their sons and brothers work together to create a strong sense of loyalty among gang members, which exacerbate the problems associated with controlling the gangs.
• The areas suffering the most from gangsterism are mainly poorly developed, with little or no recreational facilities. In areas like the Gaat" in Helenvale, for example, social depravation is obvious. Basically all areas where regular shootings occurred are inhabited by poor communities.
• Shacks" are rented out to families needing shelter and some of the gang members act as banks, lending money to members of their communities on a monthly basis. Many families having to cope with insufficient government grants are forced to borrow money. In this way the community is kept indebted, which ensures their loyalty. These people will not testify against gangsters, because they know that they receive a service from the gangs. At the same time, a strong fear factor is present within the community.
• Gang leaders often pay peoples’ rent, water and electricity bills in return for using the homes to hide drugs. Home-owners’ legally registered firearms are also often hired" to commit crimes.
• Children tend to drop out of school at a very young age, which creates a perfect labor force for the gangster bosses. Children as young as 4 years are fascinated by the gang culture. They play gangster games and the gang members living among them serve as their role models.

The anti-crime organization PEOPLE AGAINST DRUGS AND VIOLENCE (PADAV) based in Port Elizabeth act as a pressure group fighting against drugs and gang related violence. However, relationships between PADAV and the SAPS are under severe strain, as PADAV shows a strong tendency towards vigilantism, conducting their own search and patrol operations. The latter often result in confrontations with the public and gang members.

Several successful operations have been launched and numerous successes achieved by various units engaged in combating drug and gang related issues, but solutions to the underlying causes of gangsterism lie mostly outside the police’s powers.

7. ORGANISED CRIME

INTRODUCTION

A variety of theories exist about how criminal groups organize and operate. The criminals involved are in many instances considered to be a product of the social system and are unfortunately often held in high esteem among certain segments of society. It is clear that organized criminal groups have already become intricately woven into our economic system. Exploiting the free market economy while operating in a conspiratorial fashion, this phenomenon therefore presents special difficulties to law enforcement. In South Africa it may furthermore from time to time reflect latent patterns of ethnic identity and is in a number of cases linked to corruption in public life, with criminal tentacles even reaching into the legal and political systems.

ORGANISED CRIME DEFINED

Organized crime means different things to different people. Defining organized crime in terms of organizational structures, social settings and historical influences may be important in determining the threat posed by it, as well as in assessing the effectiveness of government responses in controlling it and the efficient utilization of police resources. Organized crime revolves around money and power. What differentiates it from law-abiding enterprise is that the ethical and moral standards the criminals adhere to, the laws and regulations they live by and the procedures they employ are private and secret ones they devise themselves, change as they see fit and administer summarily and often invisibly. Organized crime exploits the freedoms offered by democracy and corrupts the principles of the open society. It is the product of a self-perpetuating criminal conspiracy aimed at wringing exorbitant profits from society by fair means or foul, engaging in illegal and legal activities selected to yield high profits while offering relatively low risks, and surviving on fear and corruption. It devises means to obtain a high degree of immunity from the powers of the law and, being totalitarian in its organization, becomes a way of life. While imposing rigid discipline on the so-called runners" employed to do the dirty work, those at the top are generally insulated from overt criminal acts and the consequent dangers of prosecution.

By slightly adapting E.H. Alexander, organized crime can in view of the above be defined as organized criminal activity, which implies any combination or conspiracy to engage in criminal activity as a significant source of income or livelihood. It expressly violates the rules and laws regulating legal commerce; aims to aid, abet, facilitate, conceal or dispose of the proceeds of crime; frequently involves the violation of criminal laws relating to prostitution, gambling, counterfeiting, money laundering and the narcotics trade; as well as more often than not being associated with the corruption of law enforcement or other public or corporate officials or employees.

It is only logical that organized crime is an enterprise involving numbers of persons in close social interaction. Positions within the different criminal hierarchies may be assigned on the basis of either informal association or rational considerations linked to members’ skills. The criminals involved in organized crime do not favor competition and strive towards the establishment of monopolies over particular activities on an industry or territorial basis. The willingness to use violence and corruption to achieve ends or to maintain discipline is an inherent trait and membership is kept restricted, although non-members may become involved on a contingency basis.

Governments as well as law enforcement and intelligence agencies in countries affected by this scourge have recognized the threat posed by criminal organizations. It is obvious that criminal organizations/groups engage in extensive criminal activities on a national, regional and often global basis. Various developments have provided new opportunities for them to exploit and have enabled these groups to attain a level of prominence allowing them to threaten national and international security in a number of ways, like inter alia the following:

• Violations of national sovereignty.
• The undermining of democratic institutions.
• Threats to the process of privatization in emerging economies.
• The devaluation of currencies.
• The corruption of economic systems.

The problem posed by international organized crime is therefore real, demanding proper and professional investigation and the devotion of sufficient resources.

ORGANISED CRIME IN SOUTH AFRICA

Organized crime syndicates in South Africa are generally considered to be organized groups involved in unlawful activities and in a conspirational fashion engaged in supplying illegal goods and services [see map on p26 for an international perspective on the activities of South African Organized Crime Syndicates].

A syndicate in the local sense is not necessarily a rigid structure, but may often be a fluid organization based on partnerships depending on changing circumstances. The difficulties associated with defining organized crime is indicative of the nature of this phenomenon, especially while the majority of organized crime structures in South Africa are informal associations subject to frequent change in their composition.

The following considerations highlight the threat posed by organized crime in South Africa:

• Organized crime in South Africa derives a major portion of its power from money obtained through such illegal endeavors as the narcotics trade, vehicle related crimes, weapon smuggling, fraud, corruption, prostitution, diamond and gold related crimes and theft. In addition, one of the major characteristics of organized crime in South Africa is the high level of violence associated with crimes like the hijacking of vehicles and the illegal arms trade.
• The money and power available to organized crime are increasingly used to corrupt officials, as well as to infiltrate business and government.
• The activities of organized crime in South Africa weaken the stability of the economy, harm investors’ confidence, interfere with free competition, seriously burden foreign commerce (especially with regard to the Southern African region), threaten domestic security, and undermine the general welfare of the country and its citizens.
• Organized crime continues to grow because of impediments to law enforcement and evidence gathering.

Persisting high levels of crime, and especially the incidence of organized crime, continue to threaten the stability and national security of an increasing number of states, including South Africa. Even where governmental sovereignty is not directly undermined, it detrimentally affects socio-economic development. The extent of organized crime in South Africa is accentuated by the fact that 192 organized crime syndicates with a combined figure of 1903 primary suspects are currently known to be operating in South Africa. The majority of these syndicates specialize either in drug trafficking (96 syndicates), vehicle related crimes (83 syndicates), and commercial crime (60 syndicates) or in any combination of these crimes [see Table 5]. At least 32 of the 192 known organized crime syndicates in South Africa operate internationally, while the criminal activities of 150 of these syndicates are at present restricted to countries in sub-Saharan Africa.

(For the purposes of this report, syndicates are seen as more sophisticated organizations operating on a wider level than gangs, which are considered to be criminal organizations of a lower order of influence and sophistication. Gangs may often be employed by syndicates to do the dirty work at street level, with the latter often acting to coordinate the activities of different gangs.)

TARGET GROUPS

A target group is an organized criminal group that has come to the attention of either the SAPS or the intelligence agencies, but of which, due to numerous factors, the whole structure or extent of criminal activities is not yet known. A target group is therefore a potential syndicate, to be classified either as a gang or a syndicate once investigation is completed and its structures and involvement in crime more completely identified.

The present identification of target groups is mainly based on a National Threat Analysis of Organized Crime recently compiled by the Tactical Research Unit of the CIMC. Approximately 500 target groups with a combined figure of 1184 primary suspects have currently been identified in South Africa. At least 16 of these 500 organized crime target groups in South Africa operate internationally, with the criminal activities of 403 of these target groups at present restricted to countries in sub-Saharan Africa.

As in the case of the known syndicates, the majority of the above target groups specialize in either drug trafficking (194 target groups), vehicle related crimes (106 target groups), commercial crime (97 target groups) or any combination of these crimes [see Table 6].

Organized crime groups in South Africa share some or all of the following characteristics:

• Inter-relatedness of criminal activities: Drug related crimes are frequently linked to crimes involving motor vehicles; motor vehicle theft/robbery to the illegal trade in arms and drugs, as well as to money laundering and kite-flying, etc. Cooperation between syndicates and other criminal groups furthermore exists in South Africa. It is thus a safe assumption that many offences that seem spontaneous may actually be well-planned. Persons in control of such networks are often known to one another, cooperating in a symbiotic fashion.
• Organized crime groups supply contraband to criminal gangs, which not only provide a ready market for these goods, but also form a vital link in the distribution thereof.
• Forgery of passports and other documents.
• Restricted membership.
• Tight secrecy and compartmentalization. Special care is taken in an attempt to prevent police agents/informers from infiltrating organized crime groups. Many networks develop terminology of their own and specialize in specific activities. Different gangs may e.g. deliver stolen goods to the same syndicate and thus form part of a larger criminal network, often headed by an unknown syndicate leader, with some gangs not even realizing that they are part of such a network.
• Ready access to weapons.
• Links with corrupt government officials.
• Laundering of funds through legitimate businesses. The proceeds of crime are concealed in such a way as to make the tracing and seizure thereof very difficult, and in some cases impossible. Financial institutions are e.g. often employed to conceal the proceeds of crime, and the problem is exacerbated by the fact that no obligation currently rests on financial institutions to report any suspicion of money laundering. (However, the situation may be alleviated by current legislation pertaining to money laundering.)
• Internationalization of operations is increasing in a number of cases.

The increasing incidence of organized crime in South Africa can be attributed to factors such as the following:

• A renewed international investors’ interest in South Africa and the country’s relatively well-developed infrastructure.
• South Africa's favorable geographical position on the major trafficking routes between the Far and Middle East on the one hand and the Americas and Europe on the other.
• South Africa's accessibility by land, sea and air, especially since its recent re-entry into the international arena and insufficient control at borders and ports of entry. Linkages between drug trafficking and weapon smuggling, for example, exist because of many of the routes employed by the criminals involved being the same.
• A criminogenic market structure characterized by an unsaturated demand for and the ready availability of illegal goods (drugs, arms, vehicles, counterfeit money, endangered species products, etc).
• Criminal alliances. Different groups often share a common purpose, with criminal alliances being held together primarily by their common involvement in a specific illegal activity. Excessive rivalry within the taxi industry and strained relations between opposing political groups, which frequently result in outbursts of violence, may also forge links capable of exploitation by purely criminal groups.
• The large-scale presence of illegal immigrants that, apart from the role played by these illegals in crime (including organized crime), leads to an increase in the already intense competition for scarce resources and the creation of conditions conducive to crime.

A number of social and technological developments have also combined to create opportunities for organized crime. Advanced computer and communications technologies e.g. facilitate the electronic fund-transfer system, by means of which vast amounts of money can be transferred around the globe within seconds, while faxes and cellular telephones can be encrypted to make it all but impossible to trace calls made from them.

GROUPS INVOLVED IN INTERNATIONAL ORGANISED CRIME

International criminal organizations have already become embedded in the social and financial fabric of some states. The elimination of transnational criminal organizations may therefore be a pipe-dream. However, an attempt should be made to control the activities of such organizations. The challenge is to shrink or contain the growth of organized crime in order to prevent it from becoming a de facto government, or even a form of shadow government, in countries afflicted by this phenomenon.

Organized crime is internationally associated with the following organizations:

• Sicilian Mafia,
• American Mafia,
• Japanese Yakuza,
• Colombian Mafia, and
• Chinese Triads.

Russian, Mexican, Nigerian, Indian, Pakistani and South African syndicates are recent additions to the criminal scene.

These major players are by means of strategic alliances linked to hundreds of semi-independent regionally and sub-regionally operating syndicates throughout the world, including South Africa. Their resources are almost limitless and it is estimated that their annual turnover exceeds the Gross Domestic Product (GDP) of all but the major G7 States.

At present, the activities of the following groups demand special attention:

Russian involvement in organized crime

Since the lowering of the Iron Curtain the Russian Mafia has moved into the West, expanding its historic criminal activities and becoming involved in transnational crimes such as drug trafficking, cross-border vehicle theft/smuggling and money laundering.

Groups connected to the Russian Mafia are currently involved in setting up or extending existing networks geared to conduct illegal activities in Southern Africa. Available information already indicates the involvement of Russian citizens/Mafia groups in organized criminal activities in several Southern African countries, and particularly in Angola, Botswana, Mozambique, Namibia, Swaziland and South Africa.

The Russian Mafia groups mainly concentrate on diamond and weapon smuggling, corruption, fraud and money laundering schemes, as well as on investment in legitimate businesses:

• Russian Mafia groups are reportedly planning to inter alia obtain diamond mining rights in Angola, as well as to penetrate the black market diamond industry in the rest of Southern Africa. By using above-board business ventures as fronts, the diamonds thus obtained will then be fed into the legitimate diamond industry.
• Financial and business institutions in Botswana and Mozambique are reportedly being used for money laundering purposes.
• Russian citizens residing in South Africa are simultaneously reported to have contacts in Mozambique to facilitate weapons smuggling to South Africa, while a private Russian business group is currently attempting to establish joint ventures in Southern Africa in order to sell stockpiles of Russian armaments and ammunition to countries on the African continent. An agency will, according to information, be set up to facilitate the marketing and distribution of the mentioned weaponry. Officials reported to be involved in the planned agency have close contacts with a Russian Mafia group in South Africa.

Definite indications already exist of a number of Russian individuals being involved in organized criminal activities in South and Southern Africa. Links have also been found to exist between some of the Russians in South Africa and Russian Mafia groups abroad. At present these links appear to be based on shared criminal interests and opportunism. Available information has not revealed any supreme authority or entity overseeing or coordinating Russian Mafia activities in South Africa.

Chinese Triads

The Chinese Triad societies have emerged as among the world’s largest criminal organizations, being involved in everything from contract killing to drug trafficking and prostitution. Like the better-known and established organizations such as the Sicilian Mafia and Colombian drug cartels, Triad societies are organized in a hierarchical manner, but as a whole consist of many separate and autonomous groups under the authority of and answering to the collective dictates of their own officials.

The Triads have evolved from humble political societies to become an international criminal fraternity. Although the majority of their activities have thus far been conducted within Asia, they are becoming a threat to societies across the world. The strength of the modern Triads derives from the psychological power exercised by ancient rituals, which induce fear and loyalty among their members, being coupled to modern computerized business techniques, which make their criminal activities extremely efficient. These factors, and the reality of sudden and terrible retribution if a Triad is resisted, betrayed or attacked, have made the modern Asian Triads a potent criminal force to be reckoned with.

The uncontrollable influx of illegal Chinese immigrants into the RSA and the ever growing numbers of Chinese individuals applying for permanent residence permits are real cause for concern. The most serious problem currently experienced in South Africa in this regard is the Triads’ involvement in the smuggling of endangered species or products derived from such species.

The Organized Crime Investigation Unit (OCIU), Western Cape has been doing quite extensive research on the involvement of Triad members in criminal activities in the Western Cape over the past 3½ years. Various Chinese criminal syndicates have since been uncovered and some of their leaders and members apprehended in connection with a variety of crimes, ranging from abalone smuggling, prostitution, murder and blackmail to the possession of unlicensed firearms. These crimes had been uncovered during different OCIU operations directed against the Chinese Triads with the aid of investigating teams from the South African Narcotics Bureau (SANAB), Internal Security, the Illegal Immigration Investigation Unit, the Endangered Species Protection Unit and the Department of Sea Fisheries.

During the course of the above investigations, more than 50 individuals have been apprehended, of whom 23 had been of Chinese and 13 of Thai origin. The following seizures were also made:

• 5 357kg of shucked abalone,
• 630kg of dried abalone,
• 1 296 cans of tinned abalone, and
• various items like deep freezers, diving equipment, motor vehicles, equipment used to dry abalone, ivory, etc.

The Chinese people involved are masters in the art of manipulation. At this stage they are manipulating the whole abalone industry to such an extent that big exporters in the RSA are unable to sell the product in the Far East. In this way the Triads probably hope to be able to gain control of the companies affected for their own benefit.

Nigerian organized crime

Nigerian criminal enterprises continue to expand their operations throughout the continent and especially the West African region, undermining attempts by other African countries to improve governance and accountability. These criminal enterprises are involved in inter alia drug-trafficking, fraud (including advance fee fraud, money laundering, forgery of documentation, etc) and corruption.

In Africa, Nigerian traffickers use Ghana, Côte d’Ivoire, Senegal and South Africa as springboards to transport Heroin and Cocaine to Europe and the USA, inter alia employing South African documentation/passports to pass as South African citizens abroad. In an attempt to mask their true identity, Nigerian drug-traffickers almost invariably resort to the use of multiple and forged travelling documents. Couriers often travel to a source to pick up drugs, using one set of passports and tickets. These are then discarded shortly before arrival at their destination in favor of a second set showing no evidence of a visit to the source country. Nigerian citizens posing as Liberian refugees are furthermore entering South Africa in increasing numbers (the Illegal Immigration Investigation Unit of the SAPS arrested more than 250 Nigerian subjects in possession of documentation defining them as Liberian refugees during February 1997 alone).

The Nigerian government does not, as a matter of policy, facilitate the production or distribution of drugs or encourage money-laundering. During 1989 it established a National Drug Law Enforcement Agency (NDLEA) in the wake of the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, concluded in Vienna in 1988. A Central Intelligence Unit and a Special Narcotics Task Force, the latter operating in conjunction with the USA's Drug Enforcement Administration (DEA) office in Lagos, support NDLEA operations. However, according to the DEA, corrupt officials in Nigeria remain a serious obstacle to effective counter-measures against narcotics related offences. Despite increasingly vigorous law enforcement efforts by the international community, Nigerian drug-trafficking and the transfer of large amounts in US dollars to drug source countries seem to continue unabated.

The Nigerian Letter Scheme, commonly known in Nigeria as Fraud 419, entails a business proposal by members of Nigerian based syndicates, usually posing as senior Nigerian government officials. They claim to be in possession of a large amount of over-budgeted money, usually in US dollars and pretend to be looking for a business partner with banking facilities outside Nigeria to help them transfer this money out of the country. In return, the unsuspecting victim is offered a share in the profit, usually in the region of 25% - 30% of the total amount involved. Attempts are made to persuade potential victims to offer them the use of their bank account(s) and certain confidential documents (e.g. an official letterhead, duly signed), as well as to divulge full particulars of such bank accounts. The latter details are then used to forge a fake request to the victim’s banking institution in order to transfer funds from the victim’s account(s) to accounts under the syndicate's control. Nigerian Letters may vary in detail, but the modus operandi employed seldom differs.

Although Nigeria enacted special laws and tribunals to deal specifically with advance fee fraud (AFF) and has established a special fraud unit within the Nigerian Police to deal with it, these measures have failed dismally to control AFF. This is evident from the fact that South Africa is increasingly being flooded by the so-called Nigerian Letters. The extent of this crime is of such a magnitude that the Nigerian Consul General in South Africa had already in 1994 deemed it fit to place advertisements in national newspapers warning the public against this practice.

Other confirmed cases of the involvement of Nigerians in crimes of this nature reported during January 1997 alone, includes the arrest of a Nigerian in possession of a forged passport in KwaZulu-Natal in connection with fraud involving R100 000; the arrest of other Nigerians with temporary residence permits in connection with fraud involving R3,6 million; Nigerians arrested in Gauteng in possession of counterfeit RSA and USA currency with a face value of + US $30 000 and R80 000 respectively (as well as forged and stolen credit cards); and the arrest of a Nigerian in Mpumalanga in connection with a country-wide investigation into fraud amounting to + R1.9 million involving the abuse of international telephone facilities.

STRATEGIES TO DEAL WITH ORGANISED CRIME

The Organized Crime Units in South Africa are assigned to conduct in-depth investigations into organized crime, in conjunction with investigating officers of the Specialist Units.

Although the above figures are a reflection of the magnitude of the investigations currently being undertaken by the Specialist Units throughout the SAPS, significant successes have already been achieved in the combating of organized crime:

Three overall strategies have been devised by Government to deal with crime and the factors conducive to it. They can be summarized as follows:

Within the above broad framework, certain priorities and objectives should be selected to lay the basis for the optimization of policing at a national, provincial and local level, as well as the removal of obstacles to effective law enforcement. In this regard, organized crime poses a special challenge to effective policing. To deal with it, the following key priorities, in no particular order of importance or prominence and some of which are to a lesser or greater degree interrelated, have been identified:

1. To identify and neutralize organized crime syndicates involved in narcotics, stolen goods and firearms.
2. To utilize crime intelligence effectively.
3. To optimize crime information management.
4. To implement new methods and techniques in the investigation of organized crime.
5. To reinforce the control and policing of borders and ports of entry in collaboration with the SA Revenue Service, the SANDF, NIA, SASS and the Department of Home Affairs.
6. To optimize multi-dimensional, regional and international liaison, support and cooperation.
7. To promote efforts aimed at the blacklisting of stolen property.
8. To deal with the narcotics trade by implementing effective counter-strategies through enhanced investigative capacity and skills supported by relevant intelligence, education and awareness programs, and to tackle all aspects of drug trafficking, whether at the production, distribution, import, export or street trade level.

The following programs can also be adopted to enhance effectiveness in the combating of organized crime:

• Units dealing with organized crime throughout the country should be properly trained and kept up to date. This need should also be addressed with regard to the personnel of the Department of Justice and others involved in law enforcement.
• The fragmented nature in which organized crime is addressed, and especially the fragmentation of intelligence, should receive attention. A centralization of intelligence will ensure that enforcement strategies and priorities are carried out in ways consistent with departmental priorities and goals and serve as a management tool to ensure that cases and complaints are followed up effectively. It will also minimize opportunities for corruption.
• An awareness of the existence and seriousness of organized crime should be created among all levels of society in order to address concomitant issues like collusion, corruption and complacency.
• Communities, their representatives, consumer and other interest groups, professional associations and community-based organizations all need to be mobilized in the fight against crime.
• Within the wider Southern African context, the SOUTHERN AFRICAN REGIONAL POLICE COMMISSIONERS' COOPERATION ORGANISATION (SARPCCO) and the INTER-STATE DEFENCE AND SECURITY COMMITTEE (ISDSC) should be optimally utilized to combat transnational crime. As organized crime primarily has to do with those crimes involving sophisticated distribution channels and/or significant numbers of operatives, areas of organized criminality causing the greatest concern in the region relate to vehicle theft (including hijackings), smuggling (of illegal weapons, narcotics and other contraband) and serious economic offences. Dealing with these crimes needs a degree of organizational flexibility and integration of efforts, since many components with distinct skills, responsibilities and areas of jurisdiction will have to cooperate in finding solutions to the problems posed by organized criminality.
• Since a SARPCCO Workshop held in November 1996 in South Africa, an e-mail facility has been installed with the help of the business sector in South Africa to enhance effective communication among SARPCCO members. A legal sub-committee has furthermore been appointed to study the harmonization of legislation among countries in Southern Africa and make relevant recommendations to the respective governments. Other sub-committees were formed to deal with training; the relationship between SARPCCO, Interpol and the governments of the SADC states; mutual assistance; joint strategies and operational planning; visa requirements; the repatriation of exhibits; and extradition proceedings.

Other regional initiatives aimed at combating organized crime include the following:

• The Intelligence Community is involved in a number of projects aimed at collecting information on organized crime, both domestically and internationally. One of the main role-players involved in these efforts is the REGIONAL INFORMATION LIAISON OFFICE (RILO).
• Apart from the important role INTERPOL plays in the dissemination of information, numerous conferences are held throughout the Southern African region to exchange ideas, which not only leads to a better understanding of organized crime, but to the establishment of mutual trust among all the relevant role-players.

SUMMARY

It is believed that organized crime committed by syndicates and associated criminals is in large measure based upon the law of supply and demand. It exploits every possible loophole to prevent prosecution and penetrates wherever it can - into corporate headquarters, top legal firms, legislatures, political intelligence offices, other governmental and especially law enforcement agencies (including the prisons, the courts and police), as well as into key industries in the parastatal and private sectors. Organized crime and its corrupting influence seems to be expanding and demands the urgent attention of all those interested in the future well-being, safety and security of our society. A new morality is needed to eradicate those conditions and attitudes conducive to the survival and growth of organized crime. The creation and nurturing of such a new morality lie largely beyond the ambit of policing and demands a serious effort by all authorities, as well as by civil society at large.

8. COMMERCIAL CRIME

CASES REPORTED

The following table depicts the total number of cases reported to the Detective Service’s Commercial Crime component over the period January to March of each year since 1994:

The above figures depict a decrease of 3.1% (or 442 cases) if the number of cases reported between January and March 1997 is compared to the number of cases reported during the corresponding period in 1996, as opposed to a 9.6% (or 1 269 cases) increase noted between 1995 and 1996.

If the (known) values involved in cases reported during the first quarter of 1997 are compared to those reported during the corresponding period in 1996, a decrease of 3.5% (or R25 493 351) is evident. Further analysis supports this decrease: The above figures indicate that the average value per docket during the above period in 1996 stood at R50 805, whereas the average value per docket reported during 1997 amounts to R50 588, indicating a decrease of 0.4% (or R217) per docket.

PROVINCIAL PERSPECTIVE

Of the total number of cases reported during the period under review, 6 072 cases (43.3% of the national total) were reported in Gauteng, followed by 2 692 cases (19.2%) in the Western Cape and 1 424 cases (10.2%) in the Eastern Cape. The province reporting the lowest number of cases was the Northern Cape with 310 cases (2.2%).

DISPOSAL OF DOCKETS

During the period under review, a total number of 13 541 dockets were disposed of. Of these, 11 044 dockets (or 81.6%) were disposed of without any court appearance (e.g. as a result of charges withdrawn by either the complainants or the Attorneys General, cases proved to be unfounded, or cases disposed of as undetected), while 928 dockets (or 6.9%) were disposed of with at least one conviction being achieved.

SUCCESSES

The following successes were reported by the Commercial Crime component during the first quarter of 1997:

(*See footnote No 3)

More recently, Commercial Crime detectives country-wide launched Operation "Tight Collar" over a 24-hour period lasting from 08:00 on 10 April to 08:00 on 11 April 1997. During this operation, 115 warrants of arrest were executed and a total number of 452 suspects were arrested in connection with 591 cases involving 2953 charges. (For a more detailed provincial breakdown see Table below.)

CONCLUSION

The increase of 9.6% in the number of commercial crime cases reported between the first three months of 1995 and 1996 respectively, which in the end leveled off to an increase of 7.3% recorded on an annual basis between 1995 and 1996, turned into a decrease of 3.1% if the comparative figure for the first quarter of 1997 is taken into consideration. This seems to confirm a decreasing trend, which was also evident from statistics towards the end of 1996.

Even the initially reported values involved showed a correlating decrease of 3.5% on a quarterly basis between 1996 and 1997. However, despite this encouraging development, the incidence of commercial crime is still at an unacceptably high level.

It is a matter of concern that in excess of 80% of the dockets investigated were disposed of without any court appearance. This should, however, be judged against the background of commercial crime being one of the most difficult crime categories to investigate and prove in court, as perpetrators usually commit these crimes over an often extended period of time and are intent on concealing all traces of their criminal activities, making use of all possible loopholes and often employing great expertise in defeating the ends of justice.