THE RULE OF THE GUN Hits and Assassinations in South Africa - January 2000 to December 2017 - Assassination Witness
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ThE RULE OF ThE GUN
Hits and Assassinations in South Africa
January 2000 to December 2017
The rule of the gun Assassination Witness
About the report
This report is a product of a project called Assassination Witness, a collaboration
between the Centre for Criminology at the University of Cape Town and the
Global Initiative against Transnational Organized Crime (GITOC).
The report was authored by Kim Thomas with the assistance of Azwi Netshikulwe
and Ncedo Mngqibisa.
To find out more about the work of Assassination Witness, see www.assassination
witness.org.za and for daily tweeting on hits in South Africa, follow us on Twitter
at @AssassinationZA.
Publication date: March 2018
Acknowledgements
I would in particular like to thank Azwi Netshikulwe and Ncedo Mngqibisa for
their fieldwork in KwaZulu-Natal and Gauteng, Julie Berg for managing the
project from the Centre of Criminology at the University of Cape Town, and
Lameez Mota and Liesel Collins for their assistance in administrating the project.
Guy Lamb and Elrena van der Spuy provided valuable comments on an earlier
version of the report. I am grateful to Mark Ronan for editing the report. Lastly,
I would like to thank Mark Shaw for his invaluable input, direction and support,
without which this project would not have been possible.
International IDEA partnered with us by providing software that was used to map
the impact of assassinations on democracy at the local level. Corruption Watch
supplied us with data that was used to establish whether there is a relationship
between corruption and assassinations.
We would like to acknowledge the funders of this project, the Open Society
Foundation of South Africa, the Government of Norway and the National
Research Foundation of South Africa.
1
The rule of the gun Assassination Witness
Summary
This report presents an analysis of criminal market, notably South Africa’s
data on hits (contract killings) carried notoriously violent taxi industry, which
out in South Africa. The data has provides a recruitment pool where
been compiled as part of the work of hitmen can be hired. The findings
a collaborative project, Assassination of this report aim to inform a more
Witness. The data that informs the effective policy response to the
report spans the period from 2000 to phenomenon of contract killings in
2017 and the findings allow certain South Africa in order that more can be
conclusions to be drawn about the done about it.
evolving nature of the phenomenon of
paid-for assassinations. Various international studies provided
the terminology, framework and
The targeted killing of people – a form background to understanding how
of organized crime that escalated and why contract killings become
rapidly towards the end of the data prevalent. But these analyses
period – has a highly detrimental are largely focused on developed
impact on South Africa’s ongoing countries.1
democratic project and often fragile
governance systems. The study It is important to note that the South
found that a large proportion of African context, as is the case with
assassinations in South Africa are other developing countries, is different
contracted for political, economic or from that of the Global North. In South
social gain, and that commissioned Africa, the sheer number of hits is
killings also targeted professionals greater, the urgency of collecting the
in the country’s criminal-justice data more apparent and the need to
system. There are segments of the act more pressing.
economy that nurture and feed this
Key recommendations
• Improve firearm control to reduce the flow of illicit arms.
• Focus on reducing violent competition within the taxi industry.
• Erode the ‘nurseries of violence’ that provide a supply of hitmen for hire.
• Bolster prosecution-led investigations.
• Expand efforts at monitoring assassinations and disaggregate homicide data,
so that better-quality statistics on contract killings are made available.
2The rule of the gun Assassination Witness
Introduction
Sindiso Magaqa rose to prominence as person killed for gain, monetary or
one of Julius Malema’s key allies after otherwise. An event begins with the
being elected as secretary general initial exploration of the possibility of
of the ANC Youth League in 2011. At having someone killed, and terminates
the time of his death, he was an ANC with a murder, attempted murder, or
councillor and executive committee police intervention.’2 When describing
member for the Umzimkhulu the phenomenon, we use both the
municipality. He was lauded as having term ‘hit’ – which is widely used in
the potential for a bright political South African popular discourse – and
future. One evening in July 2017, ‘assassination’. In terms of South
Magaqa and two other ANC councillors African law, making use of a third party
pulled over at a shop in the village of to commit a murder is no different
Umzimkhulu on their way back from from committing the murder oneself.3
an ANC meeting. Moments later, they
SINDISO MAGAQA were ambushed by gunmen who fired The cost of hits can be felt in many
4 September 2017 a hail of bullets at them. All three ways. But, generally, the goals of an
Umizimkhulu, were rushed to hospital for medical open, prosperous and democratic
Kwa Zulu Natal attention. On 4 September 2017, society are severely thwarted
Magaqa died from his injuries, making when people are killed for political,
him the fourth councillor to be killed in economic, criminal and social gain.
the area in 2017. This report aims to quantify the
problem of killings by paid hitmen
Magaqa is only one of the many in South Africa, to examine why the
victims of assassinations in South rate of contract killings has risen so
Africa, few of which receive the sharply in recent years and to build
coverage in the media that his death the evidence base that can provide a
did. In several cases, the victims of platform for a call to action.
hits had been whistle-blowers or civic
activists who had stood up for the Targeted assassinations have resulted
truth or who had wished to serve their in the deaths of many citizens, but,
communities. For this, they paid the among the victims, there is a notable
ultimate price. proportion who had been politicians,
whistle-blowers, proprietors of taxi
According to the data used for this businesses (known colloquially as
study, there were 159 reported ‘taxi bosses’) and members of the
assassinations in South Africa in legal fraternity. The impact of these
2017– a figure that was up by 36% assassinations is far-reaching, as they
from 2016 (when 117 hits were undermine South Africa’s democracy
recorded) and up by 346% from 2012 and judiciary, and threaten fair
(46 hits). From these numbers, it is economic competition – suggesting
clear that assassinations are a rapidly they are used to exert a mafia-type
growing problem in South Africa. As control over society. But the effect
the analysis in this report will show, is felt not only by institutions – a hit
there was a particularly dramatic is also a human tragedy, and has an
increase in reported cases between overwhelming impact on the victim’s
2014 and the end of 2017. family and community. The killing
of breadwinners is economically
A contract hit, or assassination, devastating for dependants.
can be defined as ‘a continuous
sequence of interactions by one or Yet despite their impact, the scale
more persons in which one person and scope of assassinations in South
solicits another person to have a third Africa have not been monitored
3The rule of the gun Assassination Witness
or analyzed, and the current In the personal category, we included
understanding of assassinations cases that involved infidelity or
– and the response to them – is perceived infidelity (love triangles),
poor. For example, there are no attempts to obtain life-insurance
disaggregated police statistics for pay-outs and several cases of
contract killings. The South African children arranging for their parents
Police Service releases statistics to be killed. Finally, we included a
on homicides – but not types of category for South Africa’s minibus-
homicides. Therefore, to collate the taxi industry, partly because of the
figures for this study we drew on the sheer number of murder cases in
resources of a database covering this industry, and because it is an
local, regional and national news. The industry segment that has long been
information from the database was characterized by the prevalence of
then supplemented with detailed targeted killings. These include hits
searches of internet news stories. targeting taxi bosses, taxi drivers
and members of taxi association
The time frame for the search was committees. Such murders are usually
2000 to 2017. This intensive work connected to disputes over route
Political conflict, generated a sample of over 16 000
media articles, which were then
allocations and power struggles
within the lucrative taxi associations.
poor governance reviewed to identify specific cases
where the police, family or media Analysis of the data revealed two
and political indicated that the victim had been alarming trends. First, there was a
the subject of an alleged hit. These marked increase in the total number
uncertainty cases were then coded for analysis of assassinations carried out in South
according to their details, including Africa since 2012. It also shows that
contributed to the name and gender of the victim, this significant upswing through
an increase in
the date and location of the incident, to the end of 2017 was driven by
the method used to conduct the increases in all the categories of
the numbers of
murder, the outcome and any other assassinations mentioned above.
relevant circumstances surrounding It is perhaps not surprising that
assassinations the hit. We included in the database
not only hits where the target was
political conflict, poor governance
and political uncertainty, for example,
that fall into the actually killed, but also assassination
attempts that failed (i.e. where the
which defined the South African
administration between 2014 and
political category. intended target was only injured), or
cases where the wrong person was
2017, contributed to an increase in
the numbers of assassinations that
killed (although these form only a fall into the political category. But
small proportion of the total). there were also increases in cases
associated with organized crime and
All the incidents that we identified a large recorded growth in the number
as hits were then divided into four of targeted killings associated with
separate categories. Cases that fall the taxi industry.
within the political category generally
targeted individuals designated as It is also significant that hits
holding a political or administrative associated with the taxi industry
office, almost always in local have a direct impact on other
government. We categorized cases categories, because the industry has
related to economic interests and generated a cadre of hitmen available
organized crime as those that clearly for hire, which means that a largely
used targeted violence to influence unmanaged set of taxi route conflicts
a certain economic outcome – often has rippled out, creating an impact on
these occurred in the criminal both local governance and the lives of
economy.4 ordinary people.
4The rule of the gun Assassination Witness
The breakdown of hits by category Consequently, many attorneys take
shows that the taxi industry safety precautions out of fear for
accounted for the largest number their lives.
of hits (43%), followed by the
political (22%) and organized-crime The second is to explore the link
(22%) categories. Hits that fall in between targeted hits and the
the personal category represent prevalence of corruption in local
the smallest proportion of the authorities. To determine the impact
cases (13%). These categories are of targeted killing on democracy,
analyzed in more detail later in the we mapped the number of
report. assassinations against measures of
corruption at the provincial level. Our
The province that experienced findings here suggest that although
the greatest number of hits in the there are corrupt municipalities
recording period was KwaZulu- that don’t have hits, there are no
Natal, followed by Gauteng and the municipalities with hits without
Western Cape. corruption.
Analysis of each of these cases The third is to examine the degree
indicates that in 86% of the to which political party change
incidents, the victim was male, or political competition has had
More political while 7% involved female targets; an impact on the prevalence of
7% of the incidents involved the assassinations. When one analyzes
hits take place in deaths of both male and female the way political parties gained or
targets. lost power at the local-government
areas where the level, the data reveals another
local-government
In cases where the information significant finding: more political
was recorded in the database of hits take place in areas where the
party in power
media stories, firearms were by local-government party in power
far the main choice of weapon has remained the same, indicating
has remained used in the incidents (83%). Most
assassinations were carried out
that hits are more often related
to internal power struggles within
the same. outside the victim’s home – often
as the victim was arriving home and
political parties – most notably the
ANC – than to conflict between
often late at night. them.
We also used the data to examine Finally, the study tested whether the
a number of questions that are number of assassinations forms a
important for the debate. The first consistent proportion of the murder
is the impact of the targeted killing figures in each province over the
of people who work in the criminal- period the data covers, or whether
justice system. The assassination the hits phenomenon is more a
of those who work in the justice function of its own underlying
sector must be viewed with drivers (even if these cannot perhaps
particular concern. Examination of be separated in their entirety from
cases relating to the targeting of the high level of general violence
attorneys, prosecutors, magistrates, in South Africa). Significantly, the
judges and witnesses shows that findings show that the number of
the impact of these murders has hits appears to be independent of
been far-reaching, as they are the levels of murder in almost all
used to influence or manipulate parts of the country, suggesting that
the justice system by ensuring, the prevalence of assassinations is
for example, that witnesses are driven by a specific set of factors.
intimidated into not testifying.
5The rule of the gun Assassination Witness
Although the data analyzed in this urgency, those who commission them
report is valuable in terms of its will continue to exert illicit power and
ability to shed much-needed light on influence over South Africa’s society,
assassinations in South Africa, it is economy and democracy.
not without its flaws. On the basis
of our research in the field, it is very The Assassination Witness project
likely, for example, that the database hopes to continue to collect data, in
undercounts the number of hits that particular in the run-up to the 2019
occurred in the context of organized general election. For South Africa to
crime and the gang environment of develop into a society in which all
the Western Cape. From interviews feel safe, and where economic and
conducted among gangs, it would political competition is lawfully and
appear likely that not all such cases transparently regulated, it is critical
are covered in the press and are that the rule of the gun is ended.
If nothing is therefore probably not all present in
the database. Similarly, it is likely that
done to address the database may not include hits
that occurred in remote rural areas
the issue of where there is little media presence
or coverage. Nevertheless, the data
assassinations as provides a meaningful overview of
the extent and trajectory of the hit
a matter of phenomenon in South Africa.
urgency, those The overlay between the political,
economic and social factors that act
who commission as catalysts for contract killings in
them will continue
South Africa speaks to the importance
of an effective response. Not least,
to exert illicit
this must include the arrest and
prosecution of hitmen. Unfortunately,
power and the data does not contain details that
allow us to measure the proportion of
influence over the cases where arrests or successful
prosecutions have been made. But by
South Africa’s having followed up on developments
in individual cases, it would seem
society, economy that the success rate is far too low
(measured by whether a suspect is
and democracy. arrested and brought to trial).
It is clear that only a concerted
and strategic response will end
the phenomenon of hits. An
effective response must include
addressing police corruption, better
implementation of firearm control,
reducing political interference with
and connections to local-government
tender processes, and achieving better
regulation of the taxi industry.
If nothing is done to address the
issue of assassinations as a matter of
6The rule of the gun Assassination Witness
Methodology:
Collating statistics on South Africa’s contract killings
With a homicide rate six times higher media. Sabinet encompasses 19
than the global average,5 it is common daily publications, 17 weekend
enough knowledge that South Africa is publications, two weekly publications
a particularly violent country. However, and one monthly publication.9
as mentioned earlier, although We supplemented this content
homicide statistics are made available with searches of other electronic
by the South African Police Service, news sources, using the search
there is no disaggregated data on terms ‘contract killing’, ‘political
contract killings.6 And, given the low assassination’, ‘hitman’ and ‘taxi
conviction rates7, it is difficult to killing’. Collectively, these searches
establish the motives for murders and generated over 16 000 individual
how they are carried out. An additional articles from the South African press.
data-collection method was therefore
needed to determine the scope and Each of these news articles was then
scale of assassinations in South Africa. reviewed to identify cases where the
circumstances and the commentary
Trying to quantify assassinations is provided by the police, court
beset with obvious difficulties, in that proceedings, the community or family
they are deliberately concealed crimes. of those involved suggested that a
Those who perpetrate assassinations hit or assassination (or attempted
have often, for example, masked them assassination) had taken place. We
as failed hijackings or robberies. And recorded various other details on each
they are, unsurprisingly, reluctant case where available. We then sorted
to talk openly to researchers. As is the cases, based on the details we had
the case with other hidden social obtained about them, into the four
phenomena, the data can therefore categories of hits described earlier:
shine a light on the problem, but it is those linked to the taxi industry,
unlikely to be able to accurately reveal organized crime, personal motives and
its true extent. The data used in this politics.
report – although a valuable indicator
of what is occurring in South Africa’s Compiling the database raised various
assassination economy – is likely to be challenges. For example, we needed to
an underestimate of the real extent of experiment with search terms to make
this type of crime, for reasons already sure they identified enough cases for
explained in the Introduction. more detailed review. It was important
to maintain consistency in identifying
The approach was to build a database and recording the cases, and to make
of hits (including attempted hits) sure that the data was checked and
in South Africa over the period double-checked. We are aware that
2000 to 2017. To do this, we used a there may be gaps in the sampling
content analysis approach, primarily method, as it does not capture cases
applying it quantitatively, namely to where hits may have been masked as
code and count the occurrence of accidents, or those that did not receive
assassinations.8 any media coverage, or where there
may have been pressure on reporters
To create the sample, we drew not to run the story. And, in some
on the resources of an electronic cases, most notably those related to
database, Sabinet, which provides gang violence in the Western Cape,
access to local, regional and national murders of this sort are seldom
news content published in the print ‘newsworthy’ and our own interviews
7The rule of the gun Assassination Witness
on the ground suggest that many do findings of which is provided later in
not make the media. There are also the report.11
more general drawbacks to using
media reports, principally because This study is a continuation of a
the data is entirely dependent on the previous research project that looked
resources and capacity of journalists into assassinations in South Africa by
and media houses. Nevertheless, compiling a database of media articles
research that monitors violence in and then categorizing and examining
South Africa and elsewhere has drawn the overall trends of assassinations in
on similar methods in the past.10 South Africa from 2000 to 2015.12
This project has gone further by
Despite these drawbacks, however, we expanding the existing database, by
believe that the hits database provides including more details of the individual
a unique and useful way to measure hits over the time period and by
and examine a specific set of crimes continuing to collect information on
that have major political, economic hits for 2016 and 2017.
and social consequences. The
quantitative data was also checked
and balanced against qualitative
fieldwork, including interviews and
focus groups conducted in Gauteng
and KwaZulu-Natal, a summary of the
Assassinations:
Exerting mafia-type control over South African
public life
The impact of the assassinations Of course, assassinations do not
recorded in our data set is profound. occur in a vacuum. Political instability,
Victims are targeted across the corruption in the public and private
country and the ripple effect taints sectors or the failure to regulate the
South Africa’s society, economy and taxi industry are factors that provide
democratic integrity. Hits have at opportunities where assassination – or
their core the innate ability to create the threat of assassination – is used as
fear and uncertainty among groups a tool for political, economic or social
of people and institutions. And with gain. The use of targeted violence
the added veil between who is calling to achieve such objectives is at its
the shots and the victim, a contract heart a process akin to how mafia
killing provides the perpetrator with organizations exert violent control over
the ability to intimidate and control public life.
with reduced risk of being caught.
Comparative studies have shown
The circulation of so-called hit lists that the impact of assassinations in
in communities and constituencies political and economic relationships
is also used as a means of exerting is greatest when leadership change
criminal control by causing fear. happens behind closed doors, without
People whose names appear in hit transparency and accountability,
lists are threatened; they go into or occurs in circumstances of
hiding, resign from their jobs or competition and conflict.13 These
disengage from civic activism, for factors arguably exist in many places
example. and institutions in South Africa,
8The rule of the gun Assassination Witness
where targeted killing often leads the health of South African society.
to spiralling levels of violence and Understanding and responding to
revenge killing. that trend is a priority for building a
democratic society.
There is growing evidence from
around the world of the overlay If those who engage in instrumental
between politics, business and violence face few consequences
criminal activity – criminal violence in terms of paying for their crimes,
is commissioned to influence then using this type of violence is
interactions in all three spheres.14 likely to become the norm. As noted
above, it may result in a spiralling of
This is essentially how mafia revenge killings. Our data collection,
networks exert control over as mentioned, has not allowed us to
organizations, individuals and determine what proportion of the
state institutions. In such contexts, hits we record have been solved by
the boundaries between criminal, the police. However, David Bruce,
economic and political motivations the leading analyst on this subject,
If those who engage blur considerably. explains how there have been roughly
120 political killings in South Africa
in instrumental There is also a small but growing body since 2003 and less than 10% of them
of literature on assassinations and have resulted in convictions.19 It is
violence face few political killings in South Africa.15 doubtful that the overall conviction
consequences in
Corroborating the findings of the rate for hits is higher than this figure.
international literature on the subject,
terms of paying for
these works also demonstrate that This study is particularly important
contract killings in one sphere of given that hits often target
their crimes, then society may overlap and influence
the production of violence in
local-government civil servants,
whistle-blowers and key witnesses
using this type of other areas.16 As earlier work has
suggested, targeted killings within
– representatives of the people in
a democratic society.20 The use
violence is likely to South Africa’s taxi industry have
been a major stimulus for violence
of targeted violence is therefore
particularly detrimental to the
become the norm. elsewhere.17 achievement of an open society,
undermining, as it does, confidence
Recent research also suggests in political institutions and systems,
that the presence of a mafia-style and subverting transparent economic
capacity for violence in the criminal processes.
economy and its use by those with
political and economic power – or
the fact they tolerate its use by
others – are key indicators of ‘how
democracies die’ – the title of an
important recent study that draws
on historical analyses of democratic
states that falter, decline or shift
towards authoritarianism.18
Collecting data on assassinations and
contract killing therefore provides a
ready measure of the degree to which
violence is used instrumentally in
the South African political economy
– and, in the process, a measure of
9The rule of the gun Assassination Witness
Assassinations in South Africa,
2000–2017:
The findings
The data that was collected and declining trend. By 2017, the average
analyzed for the period revealed incident count was approximately
various time trends by both province double the 2012 figure – and an
and category. Additional findings increase of approximately 60% of the
concerning the variables that were average at the start of the period in
recorded (i.e. gender, method of 2000.
assassination, location, occupation
and/or relationship between the Although it is political assassinations
victim and the person who ordered that get most prominent coverage in
the hit) also came to light, some of the media, increases occurred across
which are analyzed here. A total of all four categories in the data period.
1 317 cases were recorded over the The increase was particularly the case
time period. with targeted killings related to the
taxi business. Indeed, assassinations
A visual inspection of the trend line for broken down by incident type show
total annual incident counts for South that throughout the period, the taxi-
Africa as a whole suggests a general related incidents were the biggest
decline from 2000 to 2012. Between contributor to the overall trend. This
2014 and 2017, however, the average is followed by organized crime and
annual incident count increased political incidents, and finally personal
sharply, reversing the previous incidents.
Total count of reported assassination incidents across South Africa
with moving average smoothing line superimposed
160
150
140
130
120
110
100
90
80
70
60
50
40
30 Moving average
20
10 Incident count
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
10The rule of the gun Assassination Witness
Hits breakdown across all four categories
Personal
13%
Taxi
22% 43%
Political
Organized crime
22%
Assassinations by province
Assassinations broken down by province show that throughout the period,
KwaZulu-Natal is the largest contributor to the national trend, followed
by Gauteng, the Western Cape and the Eastern Cape, with more modest
contributions from Limpopo, Mpumalanga and North West. Over the duration of
2016 and 2017, the Eastern Cape and, to a lesser extent, the Western Cape both
increased their contribution to the overall trend.
Hits by province and category, 2000—2017
600
450
300
150
0
Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga North West Northern Cape Western Cape
Taxi Personal
Political Organized crime
11The rule of the gun Assassination Witness
Hits by province, 2000–2017
KwaZulu-Natal 40% North West 4%
Gauteng 24% Limpopo 2%
Western Cape 14% Free State 1%
Eastern Cape 12% Northern Cape 1%
Mpumalanga 4%
KwaZulu-Natal
KwaZulu-Natal accounted for 40% organized crime and hits that fall into
(i.e. 522 cases) of all the hits recorded the personal category.
for the time period and is the most
significant provincial contributor to In terms of trends over time, the
assassinations nationally. temporary slight increase between
2007 and 2010 is entirely attributable
A breakdown of assassination to increases in taxi-related killings.
incidents in KwaZulu-Natal is The sharp increase from 2012 can be
consistent over longer periods. There largely explained by a correspondingly
was a general declining trend between sharp increase in taxi industry
SIFISO MHKIZE 2000 and 2011, with a temporary incidents, though all incident types
small increase between 2007 and exhibited increasing trends in
Killed: 29 June 2017 2010. From 2012, however, there was the province over that period. An
Location: Richmond, a sharp increase in the trend, which increasing trend in political incidents
KwaZulu-Natal
continued to 2017. Taxi incidents are in the province continued to bolster
Sifiso Mhkize was a local the largest contributor to the overall the overall numbers, with smaller
councillor, the chairper- trend in KwaZulu-Natal. The next most increases in the number of incidents
son of the Richmond significant contributor to the trend linked to organized crime.
Community Policing is political incidents, followed by
Forum, as well as the
forum’s cluster public-re-
lations officer. He was as-
sassinated in a hail of 18
bullet shots while on his
way home from a Com-
munity Policing Forum
meeting in July 2017.
12The rule of the gun Assassination Witness
Trend of annual counts of reported assassination incidents in KwaZulu-Natal by incident type
60.00
50.00
40.00
30.00
20.00
10.00
00
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Taxi
Organized crime
Political
Personal
13The rule of the gun Assassination Witness
Gauteng Eastern Cape
The province saw a general decline There was a modest declining trend
in the number of annual incidents in the average annual counts in the
between 2000 and 2011. Then, in province between 2001 and 2004,
common with the national trend, there though closer inspection suggests
was an increase in the average annual this was driven by an unusually high
incident count in the province between count in 2001 and may not reflect a
2012 and 2017. genuinely consistent trend.
As elsewhere, taxi-related incidents As with the national trend, taxi
are the largest contributor to the incidents are the largest contributor
overall trend in Gauteng, followed by to the overall numbers of hits in the
TALBY FOSTER cases we assessed to be associated Eastern Cape, followed by organized
Killed: 3 September 2017 with organized crime. In notable crime and personally motivated
Location: Katlehong, Gauteng contrast with other provinces, the cases. Unlike the national trend,
Talby Foster was chair of the annual average number of personal however, personal incidents are a more
Reiger Park Taxi Association. incidents is greater than the consistent contributor to the overall
He was shot dead in a hit in the average annual number of political trend than politically related cases,
early hours of the morning on 3 incidents. The increasing trend in though the difference between the
Gauteng between 2012 and 2017 two is marginal.
September 2017. Earlier, in May
was dominated by an upswing in the
2014, Andy Khosa, the chair of
number of taxi-related incidents, From the end of 2015 to the end of
the Reiger Park Taxi Associa- though there was also a small growth 2017, political incidents approximately
tion at the time, was also assas- in the incidents in the political quadrupled their contribution to
sinated. category. the overall trend and taxi incidents
also increased – in this case by a
factor of approximately 1.5. The high
Western Cape average annual number of incidents
in the province in 2017 was driven
In common with other provinces, by an increase in the average annual
the trend in reported assassination numbers of political and taxi incidents.
incidents began at a relatively high
point in 2000 and then went into a The remaining five provinces –
general decline. Between 2004 and Mpumalanga, North West, Limpopo,
2010 there was a marked increase Free State and the Northern Cape –
in the average number of hits. After account for only 10% of the total
2010, the largest contribution to the number of hits nationwide (i.e. 131
THOZAMA NJOBE overall trend came from trends in taxi- cases). The numbers of cases in these
related and organized-crime incidents, provinces are too low to make any
Killed: 18 July 2017 with organized crime or gang-related meaningful assessment of trends.
Location: Fort Beaufort, incidents taking a more dominant role
Eastern Cape from 2015 onwards. There was a sharp
Thozama Njobe was an ANC increase in 2017 in reported cases
councillor. She was killed by in the province, with a total of 26
16 shots fired at close range. incidents, compared to four incidents
She was also aware of the plot in 2016.
to kill her. Her assassination
has been linked to her anti-
corruption stance.
14The rule of the gun Assassination Witness
Assassinations by category
Political hits
Throughout the period, the average count of political assassinations was
dominated by incidents in KwaZulu-Natal. The contribution of Gauteng, the
Western Cape, Eastern Cape and Mpumalanga remained consistently low and
similar in magnitude throughout the period. There were no hits that fall into
this category in North West province until 2009, in the Free State until 2010, in
Limpopo until 2011 or in the Northern Cape until 2016.
Trend in annual political assassination incidents by province
40.00
30.00
20.00
10.00
00
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
KwaZulu-Natal Eastern Cape North West
Gauteng Mpumalanga Northern Cape
Western Cape Limpopo Free State
15The rule of the gun Assassination Witness
Hits related to
organized crime
The trend in hits related to organized
crime showed a general decline
between 2000 and 2012. Between
2012 and 2017, there was an upward
swing. The declining national trend in
organized-crime incidents between
2000 and 2012 is attributable
primarily to a decline in the number
of organized-crime incidents in the
JOE KANYONA Western Cape, though it was also
influenced by a modest reduction in
Killed: 21 June 2015
Gauteng between 2004 and 2007, as
Location: Cape Town
well as by a decline in KwaZulu-Natal
Joe Kanyona was a between 2004 and 2011.
bouncer at the Beerhouse,
a bar in Long Street, The increasing trend that can be seen
central Cape Town. He between 2012 and 2017 was driven
was stabbed to death mainly by more reports of organized-
by hitmen while he was crime-related incidents in KwaZulu-
on duty. His death has Natal. However, from 2014 to the end
been linked to the Cape of 2017, the continued increase in
Town nightclub security the overall trend was also driven by
an increase in the Western Cape. Over
extortion network.
the period 2015 to 2016, this was
amplified by increases in incidents
in Mpumalanga and Limpopo, and, in
2017, by an increase in Gauteng.
EDWARD SIBUSISO SITHOLE
Killed: 6 March 2017
Location: Tongaat,
KwaZulu-Natal
Edward Sibusiso Sithole had
been the Richmond municipal
manager for five years and
had just been hired to be the
municipal manager in uMgeni.
He was shot dead in a hit at a
taxi rank in March 2017. Like
the killing of Thozama Njobe,
his murder has also been linked
to his anti-corruption stance.
16The rule of the gun Assassination Witness
Hits with personal
motives
Between 2000 and 2004, there was the average annual taxi incident count
an increasing trend in incidents of occurred in almost all provinces over
personally motivated assassinations. similar periods of time suggests the
This was followed by a declining trend possibility that some or all of the taxi
from 2004 to 2014, and from 2014 incidents occurring in any one province
to 2017 there was, once again, a may have links with taxi incidents
slight upward turn in the trend. The occurring in other provinces.
declining trend between 2004 and
2014 is primarily attributable to fewer
JAYDE PANAYIOTOU recorded hits in Gauteng, though
KwaZulu-Natal and the Western Cape
Killed: 21 April 2015
also exhibited a small net decline in
Location: Port Elizabeth
the same period.
Jayde Panayiotou was a
schoolteacher. She went The slight increasing trend seen in
missing while waiting outside 2014 to 2017 is due to the combined
her home for her lift to school. increases in the numbers of hits in
Her body was found the next the Eastern Cape, KwaZulu-Natal,
day. Her husband, Christopher the Western Cape and Mpumalanga.
Panayiotou, was found guilty Although hits ordered for personal
of hiring a hitman to kill her. In motives tend to be widely covered
November 2017, Panayiotou was in the media, they constitute only a
small proportion of the total number of
sentenced to life imprisonment.
contract killings in South Africa.
Taxi industry hits
Between 2000 and 2004, the trend
in reported assassination incidents
associated with the taxi industry
shows a decline. The increase and
then subsequent decrease in average
annual counts of taxi incidents
between 2004 and 2012 was primarily
XOLANI MAPUMA driven by a similar trend in the Western
Cape, with substantial contributions
Killed: 19 March 2016 from both Gauteng and KwaZulu-Natal,
Location: Mdantsane,
and with some incidents recorded
Eastern Cape
also in the Free State, Limpopo and
Xolani Mapuma was a taxi Mpumalanga.
boss and member of the
Mdantsane East London Taxi The increasing trend in this category
Association. He was shot from 2014 to 2017 is dominated
dead, execution style, in broad by the growing number of hits in
daylight. He was at the centre KwaZulu-Natal and, from 2015, in
of a leadership battle in his the Eastern Cape. There are more
taxi association at the time. modest contributions to the increasing
overall trend from the Free State,
Limpopo, Mpumalanga and North West
province. The fact that increases in
17The rule of the gun Assassination Witness
Using violence to move up the ranks:
Exploring the conflicts that fuel taxi hits
To gain a better understanding of are corruption – seen in the illegal
the dynamics behind hits associated and unregulated issuing of operating
with South Africa’s taxi industry, the licences; police corruption and lack
project team conducted interviews of empathy; lack of consultation
to establish the reasons that have by government and the private
fuelled a recent route conflict sector in the early stages of new
between rival industry associations. developments, which is essential to
It also explored the role that hitmen ensure that all players in the transport
play in conflicts between taxi industry are consulted; and, lastly, the
Individuals associations. complicated and opaque relationship
between government and taxi
who are privy The mall of violence association management, including
to the killings
the ownership of taxis by government
Although Gauteng is known generally officials and/or their families.
and corruption
to be notorious for taxi-related
violence, two important themes Besides these factors in the external
withhold
emerged from the case study that environment, our findings also noted
have not yet been explored in the a number of weaknesses within the
information literature surrounding taxi violence
in South Africa. First is the role of
taxi industry that make it especially
prone to violence: a high level of
because they are government, which has played both
an active and passive role in fuelling
fragmentation and competition,
the long-standing propensity in
most likely to be the violence. This is evident in the
development of the Mall of Africa, a
this industry to use violence to
settle disputes and to eliminate
threatened and major new retail centre in Midrand,
which opened in April 2016 and which
competitors for positions within taxi
associations.
intimidated. has created yet another route over
which taxi associations were bound Our interviews also revealed the
to dispute. increasing influence that hitmen
exert on this industry and the degree
The bone of contention surrounding to which men of violence have
the Mall of Africa continues to be advanced in the taxi industry. It also
unbridled competition for lucrative emerged that individuals who are
routes, which has sparked conflict privy to the killings and corruption
between rival taxi associations withhold information because they
operating in the area, ATA and are most likely to be threatened and
ARMSTA. The nub of the issue here intimidated or because, in some
is said to be operating permits. cases, police officers handling the
Interviews suggest that the key matters are alleged to be indirectly
problems with the state response involved in the killings.
18The rule of the gun Assassination Witness
The vanishing hitmen protection from well-armed private
security companies. One of the
While trying to ascertain the causes of respondents said that such security
taxi disputes and killings, it emerged measures were needed to protect
that taxi bosses in Gauteng often hire taxi businesses from hitmen who
hitmen from KwaZulu-Natal (known as are allegedly hired to eliminate
izinkabi) to carry out assassinations in competitors. Others were of the view
taxi conflicts. These assassins, hired that the security measures around
from across the provincial border, the taxi ranks and association
have a particular utility for the taxi premises were put in place to deal
bosses: discretion. They carry out with the unreasonable demands of
the hit and immediately disappear the hitmen. In such circumstances,
back to the rural obscurity of their taxi bosses have been said to give
Taxi bosses province to help avoid being detected
by law-enforcement agencies. These
hitmen security jobs, so that they do
not enforce their demands. Offering
have been said izinkabi are believed to originate from them a full-time job neutralizes
remote rural areas of KwaZulu-Natal, the threat. This way, hitmen have
to give hitmen particularly Msinga, making it more muscled their way into employment
security jobs,
difficult for them to be identified or in the taxi industry. Researchers
traced than would be the case for a were told about several cases where
so that they
local hitman. Their role in Gauteng is hitmen had killed taxi owners to
twofold: killing and then vanishing. create fear within the taxi industry
do not enforce
or the associations. Once they have
By contrast, izinkabi operating in made people fear for their lives, they
their demands. KwaZulu-Natal appear to play a more
conspicuous and powerful role – as
then provide them with security –
in a circuitous system that can be
Offering them enforcers – in their own province’s taxi
environment. They tend to remain
regarded as extortion.
a full-time job in the urban centres, particularly in
hostels, and when they need money
For more information on this subject,
see Azwi Netshikulwe, Violence begets
neutralizes the they enforce their demands, such as
extorting a taxi from a boss for whom
violence: How hitmen transform the
taxi industry and empower themselves,
threat. they carried out a hit. This is said to be
why hitmen emerged as taxi owners in
(forthcoming) and Ncedo Mngqibisa,
‘Fertile routes’: How the government
their own right or as security heavies and private sector fuel taxi violence
in the province’s taxi industry. (forthcoming).
The role of private
security: From enforcer to
employee
In KwaZulu-Natal in particular, taxi
associations are known to source
19The rule of the gun Assassination Witness
Assassinations by gender, method and location
Gender
An overview of all incidents in which gender was recorded showed that in 86%
of the cases (i.e. 1 135 incidents), the victim was male and in 7% of cases (91
7% 7% incidents) the victims were female. In 7% of the cases (91 incidents), there were
both male and female victims.
Female Male and female
Male
86%
Method
Firearms were used in 83% (1 090 cases) of the assassinations. In the remaining
17% (227 cases), victims were disposed of by, among other methods, stabbing,
strangulation, poisoning, beating or bludgeoning and car ‘accidents’.21
17%
Firearms
Other
83%
Location
There is accurate data on the location of the hits in only about 40% of the cases
in the database. In the majority of these (63%; 325 cases), the hit took place
11% either inside or outside the victims’ homes. In such incidents, the hit was usually
carried out as the victim was arriving home at night. In some cases, the person
26% who hired the hitman provided the killer(s) with access to the target’s home.
In 26% (134 incidents) of the cases, the hit was a drive-by shooting – a method
24% often used in politically motivated assassination cases. The remaining 11%
(57 cases) occurred at a place of business, including the victim’s office, school
(where principals or teachers were targets), shop or taxi rank.
39%
Drive by Outside home
Inside home Place of business
20The rule of the gun Assassination Witness
Assassinations in the justice system
The database recorded 46 cases A significant proportion of the cases
of criminal-justice actors who (five witnesses and three magistrates)
were targeted in hits (i.e. they in 2000 and 2001 were linked to
were either assassinated or there vigilante group People Against
were unsuccessful attempts on Gangsterism and Drugs (PAGAD), all of
the targets’ lives) over the period which took place in the Western Cape.
under analysis. These cases include In 2002 PAGAD’s leader, Abdus Salaam
the assassination/attempted Ebrahim, was convicted and sentenced
assassination of magistrates, judges, to seven years’ imprisonment. Since
attorneys and witnesses in legal then, PAGAD has had a less publicly
cases. Although it is likely that there visible presence in Cape Town
were more cases than those captured and, based on our data, no further
in the database, we nevertheless assassinations related to the justice
used these as a valid sample to gain system were connected to PAGAD.
more insight into the phenomenon of
assassinations in South Africa’s legal Between 2006 and 2011, there was
community. Each case was explored in a notable decline in cases. A judge,
greater detail in an attempt to gauge an attorney and two witnesses
how many of them resulted in arrest, were targeted over this period. Both
prosecution and conviction. Through assassinations of witnesses happened
interviews with attorneys, prosecutors in 2008, one in the Eastern Cape and
and court personnel, further insight the other in Mpumalanga. The judge
was provided into the nature and was murdered in a contract killing in
extent of the impact of contract Cape Town – in this case, it was found
killings in the legal profession. that his wife had arranged the hit.
The attorney, Ian Jordaan, was killed
The time span of the database was in 2011. He was the lawyer for Lolly
divided into three periods. The period Jackson, murdered strip-club boss, and
2000 to 2005 experienced the highest his case has been linked to notorious
number of cases (31): ten magistrates, underworld figure Radovan Krejcir.
two attorneys and 19 witnesses. Of
these hits, 15 were carried out in the The period 2012 to 2017 saw a
Western Cape, eight in Gauteng, six in second, albeit smaller, wave of hits on
KwaZulu-Natal and two in the Eastern actors within the justice system. There
Cape. was a total of 11 reported cases. Of
Overview of hits relating to the justice system, 2000–2017
12
10
8
6
4
2
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
21The rule of the gun Assassination Witness
these, three were in KwaZulu-Natal two were beaten to death. As for the
(witnesses), five in the Eastern Cape remainder, either the method was
(one attorney and four witnesses), not ascertained, or the incident was
two in Gauteng (witnesses) and one prevented. The majority of hits were
in the Western Cape (attorney). These undertaken with firearms.
hits were more dispersed and mainly
targeted witnesses. Of the hits on
attorneys, one was carried out in Investigations, arrests
Mthatha in October 2016 and one on and prosecutions
a Cape Town attorney in November
2016. Cases were followed up by tracing
them through media searches
VICTOR MABUNDA No cases of hits or attempted hits on (although this has limitations given the
magistrates or judges were recorded length of time over which cases may
Killed: 10 January 2018
for this time period. However, in run and the fact that media reporting
Location:
Bronkhorstspruit, Gauteng January 2018 a Gauteng magistrate, can be uneven in less high-profile
Victor Mabunda, was killed in a hit. cases).
Victor Mabunda was
Witnesses were targeted in a variety
assassinated in his
of cases, including those connected to In the category of magistrates and
driveway as he returned
gangs, the taxi industry and violence judges, there were 11 cases in total.
home one evening. at the Glebelands Hostel in Durban. In Three of these resulted in convictions;
The hit was allegedly one case, the victim had witnessed a three cases had further reporting on
linked to cases he was housebreaking; another was a witness the investigation, but there was no
presiding over. Two in a case against Krejcir. further information on whether there
suspects and the alleged was an arrest. In five of the cases,
hitman have been
arrested.
Location of hits and there was no further reporting in the
media.
lethality
In the category of attorneys, there
Of the targeted magistrates, eight of were five cases in total, three of which
the 11 cases took place at the victims’ had no further coverage in the media.
home or outside their home, one at The assassination of Ian Jordaan,
work and one while driving. Of the as mentioned, was linked to Krejcir,
attorneys, four of the five hits took although this case has not made its
place at the victims’ home and one in way to court yet.
a car. In the witness category, where
data is available, of the 30 cases, six The 2016 assassination of attorney
were carried out at home and four Noorudien Hassan has received
were drive-by shootings. Of the cases significant media attention, as
in which a location was identified, he represented various notorious
the most common was at the victim’s organized-crime figures in Cape Town.
home or outside the home. However, to date, no one has been
arrested for his murder. This case had
Not all the hits against magistrates a significant impact on the criminal-
resulted in the death of the target: out defence fraternity in Cape Town. As
of a total of 11 cases, four died, five one attorney said, ‘Hassan’s death
were shot but survived, one hit was had a massive ripple. He was very well
prevented, and one was only a plot. All known and very well liked. … It caused
five of the attorneys died: four were a massive effect in the legal fraternity
shot and one was set alight. In the because it hit home that this could
witness category, 24 of the 30 victims happen to anyone.’22
died, four were shot but survived and
two attempted hits were prevented. In the category of witnesses, there
Of the witnesses, 23 were shot and were 30 cases in total. However, there
22The rule of the gun Assassination Witness
were only four convictions, three awaiting trial. He told her to drop
arrests where the suspect is awaiting the case or he would ‘use one of his
trial and one arrest where the charges connections on the outside’.24
were later dropped. The majority of
cases were not covered further by the A criminal-defence attorney said
media and there could, therefore, be that the state is often negligent with
more convictions than were reported. regard to witness protection and that
in one case the defence attorney
In summary, according to media had accidentally received a copy
reports, only three of the cases of hits of the witness list, which is meant
on judges or magistrates resulted to be confidential to help protect
in convictions, none of the cases on witnesses.25 When asked about the
NOORUDIEN HASSAN attorneys have resulted in a conviction effectiveness of witness protection,
and only four of the 30 hits on practitioners said that it is flawed
Killed: 7 November 2016
witnesses have resulted in convictions. and inadequate. Notably, witness
Location: Cape Town
protection is provided only until the
Noorudien Hassan was a point at which a witness has testified –
criminal defence attorney. Impact of hits in the after that they are out in the open and
He was assassinated justice system vulnerable. Witnesses are also often
outside his home in a reluctant to join the witness protection
drive-by shooting in The impact of contract killings programme, as they might be seen
November 2016. There targeting those in the South African as betraying their community. It also
had been previous criminal-justice sphere is not limited means that they are removed from
attempts on his life. His to the victims or the cases they are the community and there is still no
murder could be linked or were connected to. Their effect is guarantee that they will be safe even
felt much more deeply, as these hits by joining the programme.26
to various underworld
are representative of the broader
activities/cases. To date,
issue of intimidation in the justice Criminal-defence attorneys are known
no arrests for his murder system. The fact these hits occur, and to adopt certain tactics to avoid
have been made. that fact that others in the criminal- being caught in the middle of criminal
justice system are aware of them, conflict. One of those tactics is to
creates a pervasive environment of make sure they don’t take on clients
fear. The message that this category who are from rival gangs or criminal
of contract killings communicates groups. Following the death of Hassan,
is that there is a very real possibility fear among Cape Town attorneys for
that the same violence may well be their lives is said to have escalated.
applied to someone else in the system. One attorney said he had acquired a
This constant threat of violence is licensed firearm for self-defence. In
tantamount to the capturing of the response to protecting witnesses in
justice system by criminal forces. sexual-offence cases, a prosecutor
said that special courts for hearing
From interviews with legal sexual-offence cases are currently the
practitioners, it is clear that hits best option. In normal courts, victims,
in the justice system have serious witnesses and the accused sit next
ramifications. For example, one to one another as they await trial,
prosecutor estimates that in 50% providing ample opportunity for the
to 60% of her cases, the witness is accused to intimidate the witness into
actively intimidated by the accused not testifying. In specialised courts,
or an agent of the accused, and this however, the victims and accused
often results in the witness refusing to are kept apart, providing a safer
testify or dropping the case.23 In one environment to prepare for testifying.
case, the female victim of a sexual This results in a better functioning of
offence received a phone call from the justice system.27
the accused while he was in prison
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