This is how SA can fight organised crime, expert tells Madlanga

An international expert on policing, illicit markets and organised crime has recommended to the Madlanga commission of inquiry the establishment of an organised crime council as a short-term intervention.

Dr Mark Shaw, who has three decades of experience in organised crime research and analysis, appeared at the commission on Wednesday to assist it in understanding legislation, policies, and institutional arrangements that can help prevent criminal infiltration of the criminal justice system.

The Madlanga commission is investigating allegations of criminality, political interference, and corruption in the criminal justice system.

According to Shaw, SA ranks in the top 10 among 195 countries affected by organised crime, and he emphasised the urgent need to address the scourge.

Presenting some short- and long-term measures, Shaw said the police minister should establish an organised crime council to determine national policing policy regarding the state’s response to organised crime and criminal infiltration.

According to Shaw, the council should be established through a ministerial directive, financed from the ministry’s existing budget, and bring together a broad range of stakeholders.

“These would include civil society organisations focused on policing and governance, academics and independent research bodies, and business and organised labour, as well as communities most directly affected by organised crime in their daily lives,” Shaw said.

He argued that the council would be necessary to combat organised crime.

In response, Madlanga said the idea could be one they could build on to ensure its independence.

Shaw said the council would have five key functions. First, it would build political support across government and civil society for the state’s response to organised crime and monitor its implementation.

[The council would include] communities most directly affected by organised crime in their daily lives.—  Crime expert Dr Mark Shaw

Second, it would provide a platform for stakeholders outside government — including civil society organisations, businesses, academia and affected communities — to participate in policy discussions on organised crime and contribute to practical measures to combat it at the community level.

Third, the council would advise the police minister on implementing a national organised crime strategy, as well as broader policy matters relating to the growing threat and scale of organised crime in the country. Its advice would be informed by research and analysis from independent experts.

Fourth, Shaw said the council would oversee the police and prosecutorial response to the infiltration of public institutions by organised crime and report its findings to the minister.

Finally, the council would help implement the commission’s recommendations during the period between the release of its final report and the introduction of remedial legislation, Shaw said.

Since its establishment, the commission has heard allegations of how criminal cartels have infiltrated the criminal justice system and how this has also affected municipalities such as Tshwane and Ekurhuleni through senior public officials.

Shaw said that to address this, the commission should also recommend that parliament create a criminal offence targeting unexplained wealth by public officials.

The commission is expected to hand its recommendations to president Cyril Ramaphosa in November.