The construction mafia, or so-called ‘business forums’, first reared its head in KwaZulu-Natal in 2014 and 2015, invading construction sites to demand a share of projects, or that companies employ specific people or subcontractors.
By 2018 and 2019 this practice also emerged in other provinces, with these forums often touting heavy-calibre weapons as they made their demands.
A similar model of extortion has since spread to other industries, most notably mining.
Much of the violence has subsided in KwaZulu-Natal, says Jenni Irish-Qhobosheane, a researcher at the Global Initiative Against Transnational Organised Crime.
However, this is not a sign that the illegal activities have stopped, she notes, but rather that extortion has become normalised, and yet another cost of doing business in South Africa.
Ayabonga Cawe, chief commissioner at the International Trade Administration Commission of South Africa, says extortion is compromising government’s infrastructure rollout, which affects the entire economy.
He explains that conflicts such as these often arise when there are different interpretations of laws and regulations.
“The problem lies in how preferential procurement has unfolded, and this opens up the way for opportunistic criminals,” he says.
Irish-Qhobosheane agrees.
“We do need to recognise that economic exclusion and a lack of economic transformation creates fertile ground for extortion in construction.
“However, it is important to distinguish between genuine community concerns and criminals involved in extortion for their own gain.”
Business forums typically demand 30% of the contract value be allocated to forum members, or directly to the forum itself.
This figure appears to be derived from National Treasury’s Preferential Procurement Policy Framework Act.
This Act states that 30% of public procurement contracts should be contracted to designated groups, as provided for in the Preferential Procurement Regulations, with the forums’ demands then painted with the veneer of transformation.
National Treasury has strongly condemned this practice as illegal, and as a blow to government’s attempts to advance the interests of historically disadvantaged individuals and small businesses.
Irish-Qhobosheane and Cawe spoke at Human Sciences Research Council events.
Where to Now?
It can hardly be emphasised enough that business has to put in place comprehensive directives for dealing with extortion attempts, says Corobrik director Musa Shangase.
“The first principle should be to afford the business forum the opportunity for dialogue; to present their demands.
“I advise sharing with them the terms of the contract and what the obligations are for advancing transformation goals,” notes Shangase.
“They need to be informed whether the project is a public or private one, and what the implications are in each case.”
Shangase also advises companies to request a database of the business forum’s constituents, and to employ a community liaison officer who can act as a mediator between the community and the company.
The duties of the community liaison officer include negotiating, and developing and fostering relationships.
In public sector projects, the community liaison officer acts as the link between the main contractor and the business forum.
In the case of private sector projects, if a business forum insists on participation, the matter should be reported to the police, says Shangase.
Business Against Crime’s Guidelines
Business Against Crime South Africa (Bacsa) has, as part of the work of the National Priority Committee on Extortion and Violence at Economic Sites, authored a set of guidelines to help companies deal with extortion.
Bacsa national project manager Roelof Viljoen says it is important for companies and their employees to understand what extortion is, so that they can identify and report it as and when required.
Also, successful prosecution is vital to reducing extortion.
Extortion as a crime requires two elements: the demand...