The attitudes and behaviours of some witnesses before the Madlanga commission suggest that South Africa's problem with crime goes beyond just individual offenders. There is growing evidence that many people in the country have normalised a life of crime, which poses a significant threat to socioeconomic progress. The rule of law is fundamental to peace, security, and political stability, and its absence hinders economic and social development.
The United Nations emphasises that the rule of law is essential for protecting people's rights and freedoms, accessing public services, curbing corruption, and restraining the abuse of power. It is also crucial for establishing the social contract between citizens and the state. In South Africa, the government's priority should be to restore the rule of law, but this task will be challenging. For some individuals, the law has long been an enabler of their illicit activities, making it difficult to bring them within the ambit of the law.
The minibus taxi industry is a prime example of this challenge. Joe Sibanyoni, who appeared before the Madlanga commission, demonstrated a clear disdain for authority, reflecting the industry's long history of operating outside the law. His demeanour and cognitive perspective on corruption and extortion were shaped by his experience in the industry, which has become accustomed to being in conflict with authorities. This mindset is not unique to the taxi industry, as there are others who have grown up in environments with no authority and have no respect for the rule of law.
KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi has highlighted the link between socioeconomic ills, such as high unemployment, poverty, and broken families, and crime. He pointed to Umzinyathi District Municipality as a breeding ground for izinkabi, or hitmen, due to its demographics. The district has a young population, with a median age of 19, and high levels of poverty, with over 60% of households headed by single women or children. These factors contribute to a culture of crime and lawlessness.
In Umzinyathi District Municipality, poverty is exceptionally high, with 66% of the population affected, and some areas, such as Nquthu and uMsinga, experiencing even higher rates of poverty. For young men in these areas, becoming a hitman or joining the minibus taxi industry may be the only means of making a living. This perpetuates a cycle of crime and lawlessness, which is difficult to break.
The minibus taxi industry's cash-only system and lack of regulation have contributed to its culture of lawlessness. The industry's resistance to change and its history of operating outside the law make it challenging to bring it within the ambit of the law. However, it is essential to address this issue to restore the rule of law and promote socioeconomic progress.
Restoring the rule of law in South Africa will require a concerted effort from the government and other social forces. It is a complex task, but one that is essential for the country's socioeconomic development and the protection of its citizens' rights and freedoms. The UN's emphasis on the rule of law as a foundation for peace, security, and stability highlights the urgency of this task.
Key points
- South Africa faces a deepening crisis of rule of law, with a culture of lawlessness prevalent in some industries, including the minibus taxi sector.
- The country's socioeconomic progress depends on restoring the rule of law, which is essential for protecting citizens' rights and freedoms.
- Addressing the root causes of crime, such as poverty and unemployment, is crucial to breaking the cycle of lawlessness and promoting socioeconomic development.