By David Bruce

The South African per-capita murder rate has steadily escalated since 2011/12, when it was at its lowest since 1994. The 2022/23 rate of 45 per 100 000 is the highest in 20 years. But focusing on national murder trends is misleading as trends vary greatly across the nine provinces. The current high per-capita murder rate is driven by high rates in the Eastern Cape, KwaZulu-Natal, the Western Cape and Gauteng. Key findings: South African murder trends vary considerably across provinces. The Eastern Cape, KwaZulu-Natal, the Western Cape and Gauteng have the highest per-capita murder rates. In 2022/23, the Eastern Cape had the highest murder rate (71 per 100 000), followed by KwaZulu-Natal and the Western Cape, both with annual murder rates of 56. The four provinces with the most murders have also recorded the highest per-capita murder rate increases in the last 10 years. Since 2011/12, rates have increased most dramatically in KwaZulu-Natal and the Eastern Cape. The increase has been greatest from 2017/18 to 2022/23. The per-capita murder rate in the Western Cape decreased over the last five years. Recommendations The government and society must prioritise reducing murder rates, which are high and increasing. The collection of data about murder, and the analysis thereof, must be improved. ‘One-size-fits-all’ approaches to addressing murder are unlikely to be effective. Responses should be adapted to respond to the drivers of murder focusing on high-murder localities. Priority should be given to understanding and addressing murder in the four provinces with the highest per-capita murder rates. KwaZulu-Natal and, to a lesser degree, Gauteng experienced major surges in murder in 2021/22, with increases continuing in 2022/23. These have taken them well above their rates in the year before the COVID-19 pandemic and national lockdown. Deaths during the July 2021 unrest were not a major contributor to the increases in murder in KwaZulu-Natal and Gauteng in 2021/22. Many experts believe that the entrenchment and growth of organised crime has played a major role in the increasing number of murders. More in-depth provincially focused research and analysis is required to better understand the factors and circumstances driving murder trends. 

Pretoria, South Africa: Institute for Security Studies, 2023. 12p.

By Anine Kriegler

Cannabis legalization has the potential to weaken organized crime, but it can just as easily strengthen it unless a balance is found between restriction and liberalization, coordinated across both the supply and demand sides of the market. South Africa’s current cannabis policy lacks coherence, with reforms driven more by legal challenges than by strategic policymaking, posing challenges in effectively countering organized crime.

This paper summarizes the history and status of cannabis decriminalization in South Africa and draws on a review of literature to identify a key set of variables that determine the impact of legalization on organized crime: the type and degree of restrictiveness of the new regulations; various cultural, socio-economic, and political factors; features of the criminal justice system; and the structure and nature of criminal organization in the illegal cannabis market.

Reflections are provided on what these suggest about the likely impact of South African cannabis legalization on organized crime, and potential lessons and recommendations are proposed for effective policy reform in South Africa, as well as guidance for similar decision-making in other contexts.

Effective reform requires integrating marginalized communities and black-market participants into the legal market, along with considerations for managing legal supply, strategic enforcement against criminal gangs, and public health education to ensure a comprehensive approach to reducing organized crime. A phased implementation of regulatory frameworks, ongoing monitoring, and investment in data collection are essential to assess and optimize the impact of legalization on organized crime. Geneva: SWIT: Global Initiative Against Transnational Organized Crime , 2024. 29p.

By Zenobia Ismail and Robin Richards

State capture occurs when a small number of elites in the public and private sectors collude to modify rules, policies and legislation for their own benefit at the expense of the public interest. The term emerged in the 1990s to describe relations between the state and the private sector in Eastern European states that were transitioning away from communism. In South Africa, state capture became a prominent topic in the media in 2016 following widespread allegations that several state-owned enterprises and other agencies, including South African Airways, Electricity Supply Commission of South Africa (ESKOM), South African Broadcasting Corporation (SABC), Denel (arms manufacturer), South African Revenue Service (SARS) and the State Security Agency, were “captured” by individuals with close ties to the then president of South Africa, Jacob Zuma.

The literature on state capture tends to focus on the close relations and exchange of favours among key actors in the public and private sectors. It does not provide detailed accounts of how institutions are captured or the consequences of this for the functioning of the institution. In order to deepen the evidence on state capture, this study provides a detailed account of the impact of state capture on the capacity of one state agency, SARS. The research examines the capacity of SARS to detect, investigate and prevent tax and financial crime and how this changed as a result of state capture.

There were three key components of the so-called capture of SARS:

• Infiltration of the organisation by new employees aligned to politicians associated with state capture. This included Tom Moyane, appointed by Zuma as the new Commissioner of SARS in 2014;

• Allegations in the media which cast doubt on the integrity of the institution and its leaders. These included aspersions regarding an alleged ‘rogue unit’ in SARS which exceeded its legislative authority to investigate tax and financial crimes. These accusations undermined the integrity of some senior managers at SARS and enabled them to be suspended pending investigation;

• Organisational change and staff purges that further weakened the institution. Moyane, with the help of the local office of the consulting firm Bain International, introduced a sweeping restructuring of SARS. During the restructuring process, key units that were responsible for detecting and investigating financial crimes pertaining to the illicit economy were disbanded. There were staff purges and an organisational climate of intimidation, which contributed to widespread resignations. Consequently, SARS lost much of its human capacity to detect and investigate tax and financial crimes. Likewise, information technology systems that were used to detect or investigate tax or financial crimes were dismantled or altered under the guise of improvement.

This study contributes to the literature on state capture by providing evidence of the detrimental impact of state capture on institutions and the public interest. It suggests that the lack of similar detailed case studies may lead to an underestimation of the negative impact of state capture for institutions in the public sphere. The study illuminates the unintended consequences of state capture on institutions. The integrity of SARS as the receiver of revenue has been tarnished; this is expected to lead to taxpayer apathy and a decline in direct and indirect tax revenue. This prediction does not bode well for national development which is a critical function of the South African state. The study suggests that state capture will undermine economic development in South Africa.

SOC ACE Research Paper No. 12. Birmingham, UK: University of Birmingham, 2023. 42p.

By Jenni Irish-Qhobosheane

Our new report focuses on the pervasive issue of copper theft in South Africa. This socio-economic challenge has severe consequences on the country's already strained infrastructure, affecting the capacity and operations of state-owned entities and municipalities.

Our 2022 South Africa Strategic Organized Crime Risk Assessment revealed that the nation's critical infrastructure is 'at a tipping point after years of chronic mismanagement and rampant theft,' noting the role of copper theft as an exacerbating factor. In light of this alarming situation, our latest report delves into the repercussions of copper theft on South Africa's infrastructure and its links to organized crime networks.

This comprehensive study examines the value chain and market dynamics for stolen copper, a familiar yet often overlooked area where criminal enterprises have become deeply entrenched. With a focus on solutions, the report outlines measures taken to combat copper theft and explores possible future strategies for addressing this growing concern.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2023. 60p.