How effective Prevention of Organized Crime Act?

Abstract

For many years organised crime, specifically relating to gangs, have plagued much of the Western Cape. With each passing year of the murder and crime rate rising, recently the government officially decided to implement a new strategy to combat gang-related activities. However, during the time that these murder and crime rates kept growing, the Prevention of Organised Crime Act was in existence - since 1998 to be precise. Although there has been fluctuating rates of murder in the 21 years of the initial implementation of this Act, current instances seem to be the heightened and aggravated, so much so that it led to the Anti-Gang Strategy.

This essay will start by explaining what a public policy issue is and what an analytical tool is. This is followed by a brief summary of what policy issue will be addressed in this essay, namely gang-related violence on the Cape Flats. Thereafter, will be an explanation of the analytical tool that will be used in this essay.

Get quality help now

writer-Charlotte

Verified writer

Proficient in: Crime

4.7 (348)

“ Amazing as always, gave her a week to finish a big assignment and came through way ahead of time. ”

+84 relevant experts are online

Hire writer

The last two sections will consist of an evaluation of the aforementioned Act and in short, the Anti-Gang Strategy.

In the pursuit of providing an answer to the abovementioned question, this essay will make use of evaluation as an analytical tool. To clarify, an analytical tool can be described as a lens through which an individual can see and make sense of politics and policy.

I expect to conclude that the policy issue identified works best with the analytical tool selected in assessing whether the Act has been effective in ensuring the safety of the Cape Flats community.

Introduction

The news of gang violence around the Cape Flats is ever growing, and the issue of gang-related activates is becoming more problematic. This essay will serve four purposes. First, it will clarify definitions on policy issues and analytical tools. Second, outline the problem faced in the Cape Flats. Third, it will evaluate The Prevention of Organised Crime Act specifically in relation to Chapter 4. And fourth, it will discuss and evaluate the Anti-Gang Strategy.

Public Policy Issues and Analytical Tools

Prior to unpacking what analytical tool will be used and what public policy issue will be addressed, one should have an understanding of two specific concepts. As an analytical tool is too complex a concept to give a single definition, it will be broken down further.

In short, a public policy is a declaration by government on what it plans to do and what it will prevent or not do CITATION Tho15 l 1033 (Birkland, 2015). An example of a policy may be Act or Bill, as this is the way in which a government outlines what it intends on doing. As such, a public policy issue is simply the shortcomings of what the government had planned to do.

When one thinks about an "analytical tool", the first thing that is recognized is that it is a method of analysis. However, the complexities of this concept should not be lost in the simplicities of this definition. The important question to ask is how does one obtain or develop an analytical tool? Andrew Heywood in Politics (2013) paints a picture of understanding that all ideas start as basic concepts, and ideas such as "freedom", "equality", and "fairness" and so on, develop into ideologies. These ideologies are the different "lens" or worldviews that one uses to understand and analyze the world.

Now that there is a clearer understanding of policy and analytical tools, it allows for a better understanding of the roles these concepts play.

The Gang Problem in the Cape Flats

In recent years, there has been a shocking increase in gang related murders and various other gang related crimes in the Cape Flats. Most victims of murder are said to consist of young males, which most likely to be related to the increase in gang related violence in Western Cape CITATION BHC18 l 1033 (Cele, 2018).

After establishing how problematic the issue of gang related crime is in the Western Cape at the moment, it implores one to make an attempt in finding any possible solution. Often in situations of this nature, the citizenry looks to the government for help.

Upon investigation of the Constitution, the Prevention of Organized Crime Act is evidently the most suited for the topic at hand. However, as this Act covers many areas relating to organized crime, this essay will pay special to Chapter 4: Offences Relating to Criminal Gang Activities. In doing so, using a tool of evaluation to assess what the government has faced in fighting gang related crime.

What is Evaluation?

The "lens" that is most suited in answering the aforementioned question is evaluation, as this essay is geared toward determining the effectiveness of the Act. The core of evaluation is to determine whether a policy has or has not generated the desired results CITATION Clo06 l 1033 (Cloete, 2006). Evaluation as an analytic tool will serve the purpose investigating policy implementation.

Fanie Cloete (2006) provides two definitions of evaluation referencing two different academic pieces, however, when one combines these two definitions there is a more distinct understanding of what evaluation is. Evaluation research, as specified in this article, is the collection of information about the activities, characteristics, and outcomes of policy, to be used for analysis of the effectiveness thereof, to minimize uncertainties and maximize successes, in terms of the aims of that policy CITATION Clo06 l 1033 (Cloete, 2006).

When referring to stakeholders, these are individuals affected by an issue and all individuals that are involved in policy formulation and implementation; for example, people living in the Cape Flats, policy-makers and funders CITATION Clo06 l 1033 (Cloete, 2006).

Freeman, Lipsey and Rossi (2004) provide a list of questions that stakeholders can use as somewhat of a guideline, for the purpose of evaluation. These questions will be applied when looking at the Act.

Evaluation of the Prevention of Organized Crime Act and the Anti-Gang Strategy

In the first line of the aims of this act, it is stated that it intends to introduce measures to combat organized crime CITATION Pre l 1033 (Prevention of Organised Crime Act, 1998). In this section, the essay will analyze that short quotation and attempt to bring clarification on the whether the act has been able to realize its stated aims. The manner in which this evaluation will take place, is in the form of question and answer. The questions are based on what Freeman, Lipsey and Rossi (2004) have highlighted to be questions that guide evaluation: the questions range from what the policy is addressing to whether the service is provided.

What is the problem that the policy is addressing?

In order to answer this question, it would be best to provide a brief historical overview. The Cape Flats is a community that is collection of various townships, which many may consider to have been dumping grounds for the Coloured people during the apartheid regime CITATION Why18 l 1033 (Why Cape Town's Murder Rate is Rising , 2018).

Chapter 4 (of the Prevention of Organized Crime Act) was introduced in 1998, four years following the dawn of democracy; which can be seen as a response to the murder rate of 69 per 100 000 in the years 1994/95 since then, these rates have dropped to 30 per 100 000 in 2011/12 CITATION Why18 l 1033 (Why Cape Town's Murder Rate is Rising , 2018).

Although gangs are not the only source of murder in Cape Town, it is now one of the biggest contributors to the rising rates: in 2017/2018, the rate was recorded at 69 per 100 000, which double what is was in 2011/2012 and also it is reflected as the same rate at the end of apartheid CITATION Why18 l 1033 (Why Cape Town's Murder Rate is Rising , 2018). Hence, this is very problematic.

Over the years these heedless groups developed into "highly organized syndicates" and has allowed for more structure and refinement CITATION Lam12 l 1033 (Lambrechts, 2012). As result these gangs have now gain much more power.

Is the Act effective in attaining stated goals?

This kind of question is difficult to answer, as the Act itself is the body of legislative that is used to be the driving force behind action. Even so, this Act does play a major role in enforcing action against the problem. As such, it is necessary to carefully evaluate this Act, Chapter 4 in particular, and attempt to uncover loopholes or inadequacies that may exist.

Two things were gathered from this Act:

One of the drawbacks of this law is the poor sentencing of the accused CITATION van19 l 1033 (van der Linde, 2019). Individuals found guilty of stated gang-related crimes face imprisonment not exceeding 8 years or may only be liable to pay a fine CITATION Pre l 1033 (Prevention of Organised Crime Act, 1998). This weak system of sentencing does not have the biggest effect on shaking gang structures and does not discourage gang activity CITATION van19 l 1033 (van der Linde, 2019).

Also, there is a very specific loophole in the act; there are no offences that pertain to leaders of gangs CITATION van19 l 1033 (van der Linde, 2019). The only offence that a gang leader may be guilty of is section 9(2)(b): which deals with inciting a person to engage in criminal gang activity, and that carries a meager imprisonment period of three years or simply a fine CITATION Pre l 1033 (Prevention of Organised Crime Act, 1998). Whereas in comparison to Chapter 2 of the same act, an individual who is found guilty of managing the operation or activities of an enterprise relating to racketeering is liable for a R1 000 million fine and could be faced with life imprisonment CITATION Pre l 1033 (Prevention of Organised Crime Act, 1998).

Upon evaluation and discovering the abovementioned, it provides some clarification as to why the issue of criminal gang activities has been on-going and so problematic. Also, one can now see why further policy was needed to be implemented to resolve the gang issue. The Anti-Gang Strategy was implemented to have a more hands-on approach on tackling the gang issue.

Anti-Gang Strategy

These types of strategies play three roles, namely: prevention of people joining gangs; intervention, attempting draw gang members from their lifestyle being in gang; suppression, enforcing the law, and finding and charging those guilty of criminal gang activities CITATION Ant11 l 1033 (Anti-Gang Strategies, 2011).

President Cyril Ramaphosa and Police Minister Bheki Cele launched the anti-gang unit to bring normalcy back to the Cape Flats, by weakening the gang structures and with the aim of disrupting the criminal economy linked to gangsterism, drugs, firearm supply lines, and other identified commodities CITATION Kau18 l 1033 (Selisho, 2018).

With continuing the use of the evaluative questions but Freeman, Lipsey and Rossi, this essay evaluates the anti-gang unit:

What justifies the implementation of a new programme?

Gang-related convictions rate is 3%, which translates into 61 gang convictions over five years CITATION van18 l 1033 (van der Linde, Criminal gang activities: A critical and comparative analysis of the statutory framework under South African criminal law, 2018). van der Linde (2018) discusses the underutilisation of Chapter 4, that is the result of two reason: first, prosecutors are not familiar with Chapter 4 and charge gang members according to common law and statutory crimes; second, the is not enough evidence on criminal gang activities for the prosecution, and thus is frustrating.

Considering that the Chapter 4 is not often used is problematic as the flaws of the legislature are not able to be sieved through if the law itself is not used.

However, the shockingly low convictions rate cannot be traced to the Act alone, but understaffed police station also hinder the criminal justice system from executing its role CITATION van18 l 1033 (van der Linde, Criminal gang activities: A critical and comparative analysis of the statutory framework under South African criminal law, 2018).

Which serves as another aggressor to gang related crime is the shortage of police officers in the country. Specifically relating to the Western Cape, where 85% of police stations are understaffed CITATION Jen18 l 1033 (Ethridge, 2018).

This new programme was then implemented to deal with these issues, injustice with regards to gangs and understaffing.

Is the intended service provided?

The Anti-Gang Unit was met with great appreaciation, in areas like Bishop Lavis, Nyanga and Bontheheuwel; the unit has also spread its influence to the great Cape Flats region CITATION van18 l 1033 (van der Linde, Criminal gang activities: A critical and comparative analysis of the statutory framework under South African criminal law, 2018).

Conclusion

The main purpose of this essay was to evaluate the effectiveness of The Prevention of Organised Crime Act, and based on what the findings of this essay the Act has been wholly inadequate. It had not been thoroughly implemented enough to be effective enough in combating gangsterism and securing the live of the wider Cape Flats community. The loopholes in this Act are too significant to be bypassed. Although the Anti-Gang Strategy was implemented to deal with criminal gang activities directly, but those found guilty still face prosecution that does not make use of this Act. The strategy is the step in the right direction; however the legislation needs to be adjusted to deal with present issues. Thus, gangsterism is not exactly an issue that is dealt with but rather an issue that is being suppressed.

This essay has defined public policy issue and analytical tool, discussed the gang problem in the Cape Flats, explained which analytical tool was being used and used it to analyse the public policy issue discussed throughout the essay; finally, the essay touched on the role of the Anti-Gang Strategy and provided a short evaluation.