Parliament mulls changing law to obtain more convictions for extortionists

South African legislators are considering revising the legal definition of extortion to make it easier for police to make arrests that lead to more convictions.  

A presentation by senior police officials to Parliament’s portfolio committee on police on Wednesday, 18 September 2024, painted a grim picture. Between 1 April 2019 and 31 March 2024, 6,056 extortion cases were reported, resulting in 2,389 arrests. Shockingly, only 178 convictions were secured.

The proposed first step to address this issue is amending the Prevention of Organised Crime (Poca) Act. Members of Parliament, including Deputy Police Minister Sheila Boshielo, pointed out that the Act’s current definitions of gang-related crimes were too broad.

The flexible definitions, the MPs argued, cast the criminal net too wide. Poca, which was enacted in 1998, was designed to address organised crime by targeting money laundering, racketeering and gang-related criminal activities, which surged in the 1990s. Legislators believe the Act now needs to be more specific to effectively tackle extortion.

Read more: Police and business turn the screws on extortion mafia terrorising all corners of SA

In South Africa, extortion is classified as a common law crime, meaning it is not codified in any specific legislation, but derives from historical legal influences and case law.

According to the SA Police Service, the current definition of extortion is “taking from another some patrimonial or non-patrimonial advantage by intentionally and unlawfully subjecting that person to pressure which induces him or her to submit to the taking”.

This differs from blackmail, as extortion typically involves a serious threat, such as harming someone unless they comply with demands.

“Even the 1998 definition of racketeering is inadequate,” said Rise Mzansi MP Makashule Gana.

“Poca needs to be amended urgently… Sometimes it is unorganised [crime], it’s happening in some villages with no boss or leader.”

Read more: ‘Hugely traumatised’ social workers in Cape Town targeted in protection racket

Gana questioned whether the few extortion-related convictions that had been achieved were related to the crime.

“They might have been arrested trying to extort but when they were convicted, maybe they [were] convicted of assault, pointing a firearm, which does not deal with practice.” 

He noted that low conviction rates eroded public trust in the police and led to a rise in vigilante killings, as highlighted in the recent quarterly crime statistics.

The construction industry, a key contributor to economic growth, development and job creation, has been particularly affected by a surge in criminal activity involving construction mafias.

Construction sites, ranging from small businesses to large-scale projects, are prime targets for these organised crime syndicates, which use extortion, violence, intimidation and disruption to achieve their aims.

Gana queried whether the police were adequately empowered by the current legislation to carry out their duties effectively.

Boshielo responded: “I agree with you in terms of the legislation. That is why we flagged it, but even the Criminal [Procedure] Act and others, if we do not tighten it there, we will lose cases from time to time.”

The police noted that South Africa was increasingly seeing organised groups targeting economic sectors like small foreign-owned businesses, the taxi industry, households and the construction sector.

These groupings have organised themselves into “local business forums” and demand money or a stake in development projects, as well as protection fees from small businesses, school transportation schemes and households.

A joint meeting between the police and the Justice, Crime Prevention and Security Cluster was proposed, with the deputy minister also suggesting that the House consider exploring the possibility of extending court operating hours. DM