Open AccessThe criminalisation of gang activity in South Africa: reassessing the rationale
Author(s) -
Delano Cole van der Linde
Publication year - 2020
Publication title -
sa crime quarterly
Language(s) - English
Resource type - Journals
eISSN - 2413-3108
pISSN - 1991-3877
DOI - 10.17159/2413-3108/2020/vn69a6464
Subject(s) - promulgation , statutory law , cape , law , state (computer science) , political science , criminology , criminal law , sociology , algorithm , computer science
Criminal gang activity presents a substantial threat to the safety and security of, in particular, the inhabitants of the Cape Flats in Cape Town. The State has intervened legislatively through the form of the Prevention of Organised Crime Act 121 of 1998. This is somewhat of a ‘super-criminalisation’ given that similar common law and statutory measures already existed prior to the promulgation of the Act. What is the rationale for the criminalisation of gang activity in South Africa? Furthermore, if there is sufficient rationale for this super-criminalisation, is there sufficient basis to argue for the additional responsibility of gang leaders, which is currently left uncovered by the Act?