Loqani-Magadze Acta Criminologica: African Journal of Criminology & Victimology

35(1) / 2022

EXPLORATORY ANALYSIS OF THE UNDERLYING

FACTORS CONTRIBUTING TOWARDS MOB JUSTICE:
A CASE STUDY OF GQEBERHA, EASTERN CAPE, SOUTH AFRICA
Anelisa Loqani1 and Tshimangadzo Oscar Magadze2
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ABSTRACT
Incidents of mob justice have been a common occurrence in numerous communities across
South Africa. According to various authors, this phenomenon has shattered many young adult
males’ lives and their aspirations. As a result, its prevalence has generated apprehension,
fearfulness, and uncertainty in people’s minds. Despite the efforts of scholars, government
officials, and other key stakeholders, this phenomenon continues to occur. Hence, the purpose
of this article is to confirm previous findings on the same topic. This was done by exploring,
from different perspectives, the underlying factors that contribute to mob justice. Respondents
included police officers, community members, the Community Police Forum (CPF) and
community leaders in Gqeberha (formerly the city of Port Elizabeth) in the Eastern Cape
Province of South Africa. A qualitative research approach was employed to explore
participants’ opinions and perceptions in the selected study area. The study, by means of
purposive sampling, sampled 48 respondents, namely: 16 police officials; eight CPF leaders;
four community leaders; and 20 community members. The data, gathered via focus group
interviews and a semi-structured interview schedule of questions, revealed that most of the
participants indicated that it is very seldom that perpetrators of mob justice are identified and
arrested. As a result, people are willing to participate in these incidents since they know they
will most likely get away with it. In addition, the study found that high levels of crime, caused
by the incompetence of the police and the justice system, greatly influence the eruption of mob
justice. The participants perceived the factors that influence mob justice as an indication that
communities have lost confidence in the country’s justice system. Some recommendations
proffered include the following: monitoring the activities of members of the South African
Police Service; the improvement of police-community relations; and the delivery of community
services; as well as educating/informing communities about problems connected with the
application of bail and circumstances under which one can be issued with bail.
Keywords: Mob justice; crime; communities; victims; police officers; criminal justice system;
South Africa.
__________________________________________________________________________________________
BACKGROUND AND CONTEXT
Mob justice, also referred to vigilantism or instant justice, is one of the most hotly debated
topics in South Africa, and, in recent years, it seems to have become ingrained in the minds of
many South Africans. It has become a prevalent method of dealing with, and responding to
crime issues (such as: armed and common robbery; housebreaking; theft; rape; and murder),
whereby the community members come together anonymously and take the law into their own
hands, imposing their own penalties, or notions of justice on accused offenders or alleged
persons, who they believe are not being charged by police officers, prosecuted and convicted
by the courts, and/or penalised (Nel, 2016: 87-88; Tei, 2021:180-194).

__________________________________________________________________________________________

1. Ms. Postgraduate M student, Department of Criminology, University of Fort Hare, Alice, South Africa.
Email: [email protected].
2. Dr. Senior Lecturer, Department of Criminology, University of Fort Hare, Alice, South Africa. Email:
[email protected]. ORCID: 0000-0002-1069-8583.

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Mob justice acts are actions perpetrated by private individuals against a suspected perpetrator,
usually in the form of corporal punishment or assault (Buur & Jensen, 2004: 139-152; Haas,
De Keijser & Bruinsma, 2014: 224-241; Johnston, 1996: 220-236). The status of the victim
also plays a crucial role in this occurrence; either by having a criminal record, being involved
in criminal activities, or being associated with criminals.
Over the past few years, the frequency of mob justice cases in South Africa has
dramatically increased. According to the Quarter Two Crime Statistics of 2021/22, as released
by the SAPS, revealed that for the period July to September 2021, a 20.7 percent increase in
murder was recorded with 6 138 individuals being killed. Arguments, robberies, mob justice
occurrences, and gang-related homicides are the top four causes of these murders (South
African Police Service (SAPS), 2022: np). This implies that mob justice is not merely a major
issue in South Africa, but one that must be unrelentingly addressed to reduce the number of
such murder cases. The question now is why many South Africans would persistently turn to
mob justice as a kind of ‘alternative justice’ in a country where everyone is supposed to be
protected by the law?
However, in the South African context, historical records have revealed that mob justice
is not a new phenomenon, since it was prominent in the period before the country became a
democratic state. Its nature and shape changed over time, particularly since the democratic
freedoms of post-1994. Mob justice cases during the apartheid period were politically
motivated and happened in the sense of liberation ideology and the fight against apartheid’s
oppression. In general, mob justice was used at the time to characterise violent acts carried out
to expose and eliminate informers and those who were apartheid government supporters.
During the pre-1984 era, the police were largely responsible for keeping white people protected
and upholding discriminatory policies (Mtika, 2011: 28), with the country’s police departments
focused only on white communities, and black communities not being adequately policed
(Pillay, 2002: 38-75).
The era of mob justice in South Africa seemed to be over with the triumph of the African
National Congress and the election of Nelson Mandela as president in 1994. However, despite
the fall of apartheid and the transition to democracy in post-1994, mob justice has not
diminished. More subtle forms of mob justice persist in South Africa, especially in areas where
individuals are incapable of accessing private security (Von Schnitzler, Ditlhage, Kgalema,
Maepa, Mofokeng & Pigou, 2001: 9). These groups take the law into their own hands in
response to the view that the police are unable to address the crime issues in their communities
(Dixon & Johns, 2001: 3-4). Lee and Seekings (2002: 99-116) believe that mob justice
redeveloped as the result of the failure of the fulfilment of the high expectations that the nation
would eventually be able to protect its entire population equally and provide basic municipal
services. Similarly, Taussig-Rubbo (2011:64) describes mob justice in Kenya as a reaction to
the extremely high crime rates experienced in that country since the 1980s, as well as rapid
urbanisation and unemployment, acute housing shortages, decreasing economic wealth and
failure of many institutions of municipal government. It is also argued that inequality is a major
factor in explaining why some countries experience an increase in mob justice while others do
not (Nel, 2016: 150-154).
In support of this position, Schubert’s (2013: 43-45) study revealed that an escalation in
mob justice in South Africa is the result of division and inequity, which stems from an unequal
provision of formal security structures, in which the state benefits the white upper class while
the lower classes are oppressed and deliberately ignored by state security structures. Since they
lack access to formal and institutional methods of crime prevention, the lower classes are
spaces where citizens are mostly outside the state’s judicial system and are more inclined to
utilise violent means to solve their disputes. Chouza (2014: 216-233), in the context of Mexico,
argues that economic inequality leads to security inequality, and that these two connected

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mechanisms can lead to organised mob justice. In unequal communities, there is an amplified
desire for organised mob justice. The reason is that low-income residents feel vulnerable in
comparison to their wealthier neighbours, who have more access to private and public security.
In contrast to the above views, several scholars explain mob justice in South Africa as
the result of high crime rates in South African communities caused by the incompetence of the
South African Police Service (SAPS) (Super, 2016: 450-483; Tabane, 2013: 8; Nel, 2016: 162-
179). According to Buur (2008: 571-584) and (Schuberth, 2013: 43-45), ineffective formal
institutions are those that are incapable of providing security. The rise in criminal violence, in
the words of Orock (2014: 409): “…is a sign of state failure”. Lawlessness becomes more
apparent as official authority diminishes and collapses, and as the state becomes criminal in its
mistreatment of its population. Although state failure is an extreme form of ineffectiveness, the
mechanism remains the same: when the law is unavailable due to the state’s inability to
effectively enforce and punish transgressions, individuals will seek alternate means of social
control to ensure security.
The state is frequently perceived as absent, ineffectual, and corrupt in frontier zones. The
ineffectual governmental explanation implies that mob justice has resurfaced in South Africa’s
black townships due to rising crime rates. The perpetrators of mob justice believe that the
government has failed to safeguard the public from all forms of violence and provide citizens
with protection (Martin, 2012: 217-234; Super, 2017: 512-531; Tabane, 2013: 8). This is
corroborated by Gross’ (2016: 239-263) study, which reveals that, in particular, police
ineffectiveness stems from their delayed (tardy) reaction time to complaints, poor detective
work, failure to follow-up on investigations, and corruption. Police officers are perceived as
being corrupt and are largely unwelcome in many townships. Corruption negatively impacts
on police-community relations, thus compromising effective policing (Chulek, 2019: 385-402).
In addition, according to Nel (2014: 25), the inability to take complaints seriously tarnishes
public trust in the police and is considered as a contributing factor in the deterioration of
relationships between the SAPS and community members – all leading to police inefficacy.
Super (2021: 428), on the other hand, claims that the basic rationale for mob justice in South
Africa’s old black townships is the criminal justice system, which includes police absence,
incompetent prosecution, and/or light court punishments.
Whilst existing scholarship points to government and criminal justice failure as the
causes of mob justice, Smith (2019: 264) argues that the way the democratic state is formulated
is the main cause of mob justice in South Africa. Smith (2019: 264) believes that many people
take the law into their own hands because the state provides strong procedural rights to accused
criminals. Smith (2019: 5) argues that it is not the inadequacy of the system that leads to mob
justice, but that the issue is the human rights that are afforded to accused persons. Therefore,
according to the authors, it means that, as long as the country’s Constitution is not amended in
this regard, many communities will always be frontier zones where occurrences of mob justice
occur despite the government’s attempts to reduce crime in poor neighbourhoods.
Super (2016: 450-483) disagrees with Smith and argues that in fact many of the rights
that have been granted are not actually enforced. This is a perplexing situation that infringes
human rights, since South Africa has a constitution that gives precedence to human dignity for
all people, as well as citizens that are free from all types of violence. Even though research has
been undertaken on the same topic based on previously published empirical work, the
occurrence appears to continue. Hence, it is precisely in this context that the primary objective
of this article is to confirm, from different perspectives, the previous findings on the same topic.
This study attempts to discover if there is any congruence in terms of the results within these
different positions and if the outcomes are harmonised or not with those of earlier research. In
addition, this article proposes evidence-based strategies to combat mob justice. The study

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argues that to prevent the phenomena from escalating, the underlying elements that contribute
to it must be unremittingly addressed.

PROBLEM STATEMENT

Across South Africa, the use and implementation of mob justice has become a reality in
numerous townships and informal settlements. In these areas, where people cannot afford to
hire private security providers for protection, they have to rely on informal local mechanisms
of social control, including mob justice. Since 2000, according to a survey conducted by the
Eastern Cape Provincial Department of Safety and Liaison (2016: 15), there has been an
increase in mob justice in the Eastern Cape. Crime statistics demonstrate that, in the Eastern
Cape, between 1 April 2017 to 31 March 2018, 72 people were killed in cases that the police
classify as mob justice (Geldenhuys, 2022: np). However, within the Eastern Cape, 47 cases in
total were reported for the period 1 April 2018 to 31 March 2019 in the Motherwell Cluster in
Gqeberha. Six of these cases were reported at the Ikamvelihle Police Station; 14 at Motherwell;
three at Swartkops; and eight each at Kwadwesi, Kwazakhele and New Brighton Police
Stations (South African Police Service (SAPS), 2019: np). According to an analysis of the
crime stats for 2017/18 (2018: np), mob justice has been discovered as the contributing factor
increasing trends in killings (SAPS, 2018: np). Research has shown that in South Africa, one
in six adults said they would consider participating in mob justice if they could be crime victims
where their accused wrongdoers were never punished (Baloyi, 2015: 2-3).
This suggests that mob justice is not just a critical issue in South Africa that demands
attention, but also necessitates consolidated action. However, the reviewed research
publication indicates that the occurrence of these incidents is due to the communities that are
frustrated with high levels of crime, a lack of faith in the police and the perception of
inadequacies by the police and the whole justice system (Mathye, 2016: 18; Szescilo, 2017:
147-149). The inability of the state (through the police) to provide citizens with protection
where it is urgent and immediately required has been reported as the major cause of mob justice
among communities (Gross, 2016: 239-263). It is further revealed that, unless these cases are
being investigated in order to strengthen the police service to curb crime and mob justice, the
state is likely to witness more mob justice activities that could be more violent than the previous
ones (Wilson, 2017: np). The focus of the article is on the factors that trigger mob justice, in
which situation suspects are then killed (executed).

THEORETICAL FRAMEWORK

Central to the purpose of this article, which is to investigate the underlying factors that
influence mob justice in communities, two theories are discussed; the Structural Violence
Theory pioneered by Galtung (1969: 167-191) and the Just World Theory pioneered by
Adelstein (2004: 54). This is an attempt to provide a holistic interpretation and better insight
into why civilians, especially in townships and informal settlements, take the law into their
own hands rather than allowing the police to do their job.

Structural Violence Theory

Johan Galtung invented the term “structural violence” in 1969. This is a widespread sort of
violence, as indicated by Galtung, that is “built into” structures, institutions, ideologies, and
histories. Many scholars, who follow Galtung, concur that structural violence is a type of
violence that: “shapes and reshapes human experiences in ways that liability-based conceptions
of responsibility and force cannot account for” (Galtung, 1969: 167-191). Structural violence,
he claims, is a persistent state of violence that is embedded in a society’s social, political, and

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economic structures. However, according to Adepoju (1993: 161-164), structural violence

takes many forms, including ethnic poverty and inequalities, colonial legacy, and denial of
basic human rights, in which individuals and groups are denied access to resources, are
excluded from institutional decision-making, are discriminated against, and have inadequate
employment opportunities. The socioeconomic and political structures of the day are rife with
structural violence. In structural violence, it is important to remember that the victim is often
blamed for poverty, illness, or a lack of access to services (the violent processes), whereas in
reality the state is at fault (Scheper-Hughes & Bourgois, 2004: 1-27).
Other manifestations of structural violence include unequal access to resources, public
safety, political power, education, health care, and legal standing. When citizens become
hungry, they engage in a form of violence. When inner-city children have poor schools while
others do not, when gays and lesbians are punished for their sexual orientation, and when the
state privileges the white upper class while the black and lower classes are oppressed and
neglected by state security mechanisms, structural violence exists (Christie, Wagner & Winter,
2001: 341-350). The last scenario is one of the most common causes for people to resort to
mob justice. People in their communities feel insecure and unprotected, therefore, they decide
to take matters into their own hands. They believe that the state is ignoring them and that the
police is doing nothing to catch the criminals in their communities (Ashimala, 2014: 70-73).

The Just World Theory

Lerner (1987: 108) states that belief in a Just World Theory is "a fundamental belief that the
world is just a place where people's results, rewards, and penalties match what they deserve,"
meaning “that they are caused by who they are or what they have accomplished." This theory
asserts that people have a deep desire to believe that a universe is a place where everyone gets
what they deserve. This implies that good things occur to good people and terrible things occur
to bad people. This theory further posits that individuals are more inclined to view events in
such a way that positive events, attitudes, and traits are causally linked to positive outcomes,
whereas negative thoughts are causally linked to negative outcomes (Lerner, 1987: 109).
Furthermore, Lerner (1982: 109) and Adelstein (2004: 52) propose that people’s responses to
criminal victimisation can be interpreted as efforts to maintain a belief in a just world, in which
individuals get what they deserve and deserve what they get.
Adelstein (2004: 54) further indicates that people are strong in defending their belief in
a just world, and they encounter an aversive state when faced with injustice. They will
ultimately attempt to alleviate this uncomfortable situation by utilising alternate approaches to
preserve their beliefs in a just world. Denial of injustice or an attempt to reinstate justice by
disciplining the accused, are examples of such approaches. In the context of this article, public
reactions, which are frequently classified as support for mob justice, must be interpreted as
belief in just world reactions. Supporters of mob justice often refer to notions of deservingness,
for instance, by saying that victims of mob justice get what they deserve. These people believe
that those who break the law must get punished. When those who break the law do not get
punished, they feel stressed. As a result, this leads to rising levels of anger among those who
do not receive justice. However, the previously mentioned theories can be influential when
developing strategies that could assist to curtail mob justice because they provide a holistic
understanding of this phenomenon.

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RESEARCH METHODOLOGY
This article adopted a qualitative research approach. Since qualitative researchers seek to better
understand complex situations, this study was exploratory in nature. This approach utilised a
case study research design, which assisted the researchers to gain in-depth information and a
detailed understanding of the participants’ opinions, experiences, and perceptions on the
occurrence of mob justice in Gqeberha. Furthermore, the study utilised focus group interviews
and semi-structured interview schedules to gather data. Semi-structured interview schedules
were designed to gather data from key informants, which comprised of SAPS members, CPF
leaders and local community leaders. On the other hand, FGIs were established to acquire data
from community members. The semi-structured interview schedules were in-depth and done
on a one-on-one basis to develop detailed information about mob justice and policing in each
of the study areas and allowed a wide room for respondents to voice their opinions; as such,
more data was captured.
The data for this study was collected in four settings in Gqeberha, namely: Kwadwesi,
Kwazakhele, Motherwell and New Brighton. These areas were selected, since they were
reported to have experienced numerous incidents of mob justice in the Motherwell Cluster
SAPS precinct (South African Police Crime Stats, 2019: np).
The purposive sampling technique was utilised in this study to select participants. This
sampling method is solely dependent on the researcher's judgment. Participants were selected
purposefully because of their experiences relating to the phenomenon to be explored. The
sample size of this study consisted of 48 participants. The total number of respondents in all
Focus Group Interviews (FGIs) was 20; and for Key Informants (KI) interviews, four
community leaders; eight CPF leaders and 16 South African Police Service (SAPS) members,
were interviewed. Participants’ ethnic groups included Africans, Whites, Indians, and
Coloureds, all speaking three different languages, namely: isiXhosa; Afrikaans; and English.
For those who could not understand English, questions were translated into their home
language.
Focus groups, on the other hand, assisted with the gathering of in-depth qualitative data
about community members’ experiences on mob justice and their perceptions and attitudes
towards policing. By collecting data from people from different positions an attempt was made
to discover if there was any congruence in terms of the results within these different positions
and if the outcomes were harmonised or not. However, interviews took place at locations that
were chosen by the participants and the duration for semi-structured one-on-one interviews
ranged from 30-45 minutes, whilst the duration for focus group interviews lasted 45-60
minutes, depending on how much information was provided in each case.
Since the study opted for a qualitative method of analysis, the thematic method was
utilised to analyse data gathered from research participants, thereby enabling the discovery of
patterns in the collected data.

ETHICAL CONSIDERATIONS
An ethical clearance certificate was received from the University of Fort Hare’s Research
Ethical Committee (REC) and the South African Police Ethics Committee before data was
collected. Permission to conduct the study was further granted by the National Police
Commissioner. Participants who demonstrated an interest in participating were given consent
forms to sign before they answered the interview questions. Respondents were informed of the
nature and the aim of the study and of their right to take part or withdraw. Participants were
also informed that they would be protected, that their rights would be maintained, that their
identities would not be revealed (by using pseudonyms), and that the information they
submitted would be kept private and used exclusively for the purposes of the study.

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INTERPRETATION OF RESULTS

This section presents the results generated through the administration of focus group interviews
and semi-structured interview schedules. Data analysis was conducted with the intention of
ascertaining how the participants perceive mob justice and its occurrence in Gqeberha. The
data collected from the police officials, selected community members, as well as CPF and
community leaders, generated eight main themes, namely: understanding of mob justice;
description of incidents of mob justice; community response towards mob justice; police
response during mob justice; identification and apprehension of mob justice perpetrators;
police effectiveness; factors influencing mob justice and involvement in addressing mob
justice. The identified themes represent the findings of this article and are supported by the
respondents’ remarks from the transcribed interviews.

Understanding mob justice

When participants were asked how they view mob justice, all of them seemed to comprehend
the meaning of mob justice in accordance with its definition in the context of the study, namely:
taking the law into one’s own hands. However, most participants had different views,
articulating that mob justice is an illegal act committed by community members in which they
take the law into their own hands and punish suspects whom they do not see being caught by
police and punished by the courts. Furthermore, it was also articulated that mob justice is an
illegal action because it does not follow legal processes to confirm if the person has committed
this particular type of crime and the accused criminals are not given a chance to defend
themselves freely without being tortured. One of the community leaders had the following to
say:

“It is the failure of the Department of Justice and National Prosecution Authority
(NPA). I can say to you the police are fighting a losing battle. It is not the notion
that the community does not support the police, but the police are seen as useless
people because justice is failing them. We are reporting the matter to the police,
and they open a case and do the arrest. Bear in mind that a person within 24 hours
must appear before the court and in court, he granted bail it does not matter the
nature of the offence he committed. It can be murder, it can be rape due to human
rights. However, we have called so many engagements with (for example
Department of Justice and Constitutional Development, the Department of
Correctional Services, NPA, etc.), but the Department of Justice is failing us. For
example, there is a young man in our area who raped male children about 5 of them
and the matter was reported to the police. Guess what, that man was detained, but
he came back and is roaming around the township. Therefore, what do you think
about those parents of those children who were victimized by that man? The
problem is justice, but justice is saying it is NPA. Justice says they can only
prosecute if there is enough evidence. On the other hand, NPA is saying these
people have their own rights which we need to respect. Nevertheless, you will
discover that we as victims, do not have rights. These are the reasons that cause
people to resort to mob justice. People who are victims these days are people who
obey the law” (Mzwanele [pseudonym], 55 years old).
The results from this study demonstrated that those who are vigorously engaged in
partnership policing have different levels of comprehension of the concept. For example, the
senior members of the SAPS comprehended the concept better, while others indicated a limited
understanding of mob justice. The same applies to the community members, and the CPF and

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community leaders. Some understood mob justice better, whereas others showed limited
knowledge of the concept. Some, in their definition, viewed human rights as promoting mob
justice by blaming the Department of Justice and National Prosecution Authority (NPA) for
protecting accused criminals more than the victims. From this, it can be concluded that there is
a necessity to educate and enlighten all role players about mob justice, as well as the processes
of the justice system, to make sure that the concept is better understood by everyone.

Description of incidents of mob justice

In describing the incidents of mob justice the participants had witnessed, all the respondents
highlighted that the mob justice they experienced when people are being burnt alive until they
die or stoned to death. Those who are prone to be victims of mob justice are male young adults
because they are more likely to engage in illegal activities when compared to elderly males.
Also, in most incidents, no arrests are made, and in some instances, those that are arrested are
released the following day because none prepared to formally give information. Concerning
this, a community member revealed that:
“Two young men around 22 to 26 who were alleged of breaking into a house were
severely beaten and the other one died. The police arrived after three hours of the
incident and asked who beaten up these people and we said we do not know. Two
people were arrested for the incident, but they did not stay long in jail, they came
out. I do not know what happened to their case” (Bantu, 47).
One of the police officers stated:
“Another incident reported occurred this year at Kwadwesi Ext Street, when a
victim, 27, was attacked at the spot by about 100 people, stoned and set alight using
tyres and flammable substances. The victim was killed due to house robbery, but
none were prepared to formally give information and as a result, in that murder,
no arrest was made” (Pheliwe, 53).
It appears from the in-depth interviews conducted that most incidents of mob justice in
Gqeberha occur spontaneous and premeditated. That is, they are directed at a person or a group
of people who have been caught in the act of committing a crime and to those accused of
crimes/known to be criminals in their community. Furthermore, since the perpetrators of mob
justice are not arrested in many instances, it is quite clear that these occurrences are going to
persist in the future as perpetrators become involved in these activities knowing that they will
get away with this. Therefore, it can be deduced that an effective policing partnership is needed
to assist the police to apprehend the perpetrators of mob justice. This will also deter others from
participating in mob justice.

Community response towards mob justice

On the reaction/response of community members towards mob justice, significant numbers of
the participants expressed that most of them are having no empathy towards a person who is
assaulted and are violent and hostile towards the police. They do not want the police to rescue
suspects because they want justice to be served. They want justice for themselves. One of the
police officers added that:
“Most of them react vigilantly without having collected physical evidence. As long
as they saw someone with a group of wrongdoers when a crime is committed that
person is the first suspect and they beat/kill him/her. They do all these things
secretly, they do not go to the police and inform them that Mr so and so is involved
in particular crimes. They want justice for themselves” (Themba, 49).

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Nonetheless, some participants were of the view that certain few individuals respond
positively to this occurrence of mob justice. One of the community members stated that:
“Few are having empathy towards the person who has been assaulted but even
those there is nothing they can do to assist the victims because they are also afraid
if they do something the community will rise against them. Even the families of the
victim they do not do anything to assist” (Lulama, 40).
From the above responses, it can be deduced that many communities take the law into
their own hands out of frustration. The high levels of crime and the incapability of the police
to apprehend the accused has created anger and frustration in communities. This as a result has
caused many people to lack what is so-called ‘Ubuntu’ [humanity].

Police response during mob justice

When asked, how they can describe the response of the police during mob justice, participants
articulated that police do come to the crime scene when there is an incident of mob justice, but
in most instances arrive late when the person has already been burnt or beaten up. When they
arrive usually, they do not find anyone at the crime scene. One of the community members
shared:
“They do not respond immediately because they are also happy with what the
community is doing. Because if for example, you went to the station to report a
particular incident, they just ask you “what do you want us to do” or else they ask
if you did go to Dako to report the incident. Particularly, at Dako, it is where there
is a mob justice group. What you do is that you pay them, and they investigate your
case, if they find the suspect, they beat him/her until he/she speaks the truth. If
he/she stole some belongings, they beat the suspect until he/she tells them where
the belongings are. People are afraid of that group than the police” (Maliviwe, 49).
Furthermore, one of CPF members attested that:
“The police arrive after the incident not during the incident in most cases. When
they arrive, you will find that there is not even one person at the crime scene. This
causes difficulties to arrest the perpetrators as the communities do not come
forward and tell them the actual perpetrators” (Gladis, 50).
From the interviews conducted, it can be concluded that the police officers do not arrive
early when there is an incident of mob justice but arrive after the incident has occurred. As a
result, this causes a great challenge in identifying and apprehending the perpetrators.

Identification and apprehension of mob justice perpetrators

On identification and arrest of perpetrators of mob justice, respondents stated that it is very
seldom for perpetrators of mob justice to be identified and arrested, since most of the time,
people do not call police during the incident but call them after the suspect has been
injured/killed. Some indicated that even if they ask around about the perpetrators of such an
act, they do not find answers. Because people do not want to get involved, they also appear to
be terrified of the community in which they are living. It was also expressed that even victims
of mob justice do not want to open cases, in most instances, for fear of victimisation, making it
difficult for the police to arrest the perpetrators. According to one of the police officers:
“Sometimes, we do not usually because it is carried out by a group of people that
is why it is called the mob. So, you will not make an arrest there on the spot and
usually, when you get there at the crime scene the suspect is already laying there

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full of blood and certain people are standing 100 meters away. So, there is no
evidence as per sir and you will not get anything, all they say ‘andiyaz’ [I do not
know]. People do not want to get involved; they are terrified so that is why it is
difficult to get information. In conclusion, I can say it is very seldom that you can
immediately do an arrest in the mob because the information is not clear or
someone can point out that you committed this crime, they never do that. People
are afraid to be called 'impimpi' meaning informers" (Mbulelo, 49).
Another police officer commented that:
“The perpetrators of mob justice are not easy to be identified. Some of the mob
justice cases are pending this session, the victim will be deceased and then will
depend on witnesses. And then you will find that some witnesses that have seen this
incident, no matter they want to come out with the information they are scared of
also of their community. Even the CPF is afraid to come forward because they are
also the members of the community. When they notice something going on,
they have to go, not as representatives of CPF, but as community members.
Because if the police arrive, the CPF will be the first to be blamed. So, you only get
that assistance from the side of the community maybe when that witness will be bold
enough or that witness is a relative of this deceased, to say no, I come out with the
information to the police. But then we can say there is that little cooperation. And
then we will depend on the investigation of the police, but the investigation will
need the witnesses” (Thabo, 49).
From the responses above it appears that identification and apprehension of mob justice
perpetrators has been a challenge in the study settings. The reason behind this is that the police
only arrive at the crime scene when the victim has already been beaten/killed. On the other
hand, the CPF, communities and informers are very sceptical about giving information to the
police and do not want to be witnesses, for fear of victimisation. Even the victims themselves
are reported to be scared to come to the forefront. In this approach, formations are outsourced.

Police effectiveness
On the issue of the effectiveness of the police in executing their roles, the participants expressed
different views, with some stating that the police are trying, but their ineffectiveness is because
of justice, work overload and inadequate resources and manpower. One of the CPF members
indicated that:
“The police are trying in executing their roles, but the problem is government. He
has set a limit because once a person is being arrested is no longer in police custody
but the justice system. They are trying because they do arrest alleged criminals then
after they took that person to the justice system. Then the problem starts there at
the Department of Justice up to correctional service. The people who fail the police
its justice, there in court because once you grant someone who committed a serious
crime bail you are insulting the police in other words. It is going to appear as if the
police do not do their job, especially when someone says the case has been
withdrawn because there is no sufficient evidence. To us, it looks like the accused
criminals have more rights than victims of crime. To be honest, then there is nothing
we can do without courts and these courts are the ones who are failing the police.
They make the police look like they are not doing their job. We have been calling
upon meetings with justice, but justice does not attend our meetings” (Nomsa, 40).

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On the contrary, other participants averred that the police are not effective in doing their
job because even if called, they do not arrive early at times or do not arrive at all at the crime
scene and are not visible in communities. It was also expressed that the police do not follow up
on people’s cases and are corrupt, often working together with criminals, most notably, drug
dealers. One of the community leaders added that:
“The police are not effective. There are systems in place in government that are
meant to make sure that certain things do not occur. But the problem is they are too
reactive they only come when there is an incident of that nature. I cannot even tell
you the last time I had a meeting with them. There are cases they know they have
not resolved but its people have to go to them to do follow up about their cases,
while they know they were supposed to assist the victims. Even when people tell
them that they are being intimidated and threatened by the very same criminals,
they do not do anything because they are also working with them. They are not
doing the job for the sake of doing it, but they are doing it for the sake of line
reporting” (Mluleki, 48).
It seems from the in-depth interviews conducted that the police are not effective in
conducting their job. The police are reported to take their time to respond to crime scenes, to
be invisible in communities, not to conduct follow-up on people’s cases, and to be corrupt and
on the criminals’ side. The police officers, on the other hand, are perceived to be impeded by
work overload, inadequate resources (e.g., manpower, vehicles) and the Department of Justice
in doing their job effectively.

Factors influencing mob justice

Regarding the factors that influence mob justice, all the participants articulated that crime is
what triggers mob justice in their policing precinct. To provide more clarity on the issue of
crime as the main cause of mob justice, participants were of the view that people are
complaining about police officers who are slow to respond to crimes and unable to apprehend
and arrest suspects promptly. Other respondents indicated that these incidents are due to
communities that are frustrated and angry with high levels of crime and the perception of the
ineffectiveness of the police and Department of Justice. Furthermore, it was emphasised that
communities have a perception that the police are unable to address their concerns effectively
and that the justice system releases culprits back into the community after committing an
offence. The participants also reported a lack of faith in the criminal justice system and the
inability of the police to investigate crimes and attend to complaints timeously as other factors
contributing to the emergence of mob justice. One of the CPF members emphasised this by
stating that:
“People are complaining about the slow response from our police, the inability of
the police to investigate crimes and the inability of the police to attend to complaints
timeously. People feel that the criminal justice system is failing them because when
they report a crime, no arrests are being made, and in some instances, those that
are arrested are released on bail” (Francois, 52).
In addition, two of the police officers had the following to say:
“It is when the community members felt that the police and other stakeholders are
not doing enough in rooting out crime especial gangsterism. The community are
not happy with crime, they are tired of crime. If they call us and we take time, then
they take the law into their own hands” (Mbulelo, 49).

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“In most cases, you will find that somebody will commit a crime and then the
community will feel if they are not putting the end to it themselves the is a chance
that the person will walk away free. So, they will resort to violence and that is why
unitedly they will assault the person and end up killing the person” (Lunga, 42).
Other participants indicated that bail, lack of implementation, and invisibility of police
in communities are major factors that cause people to resort to mob justice, despite the police
efforts in the Motherwell Cluster precinct. Some participants added that the police do not
provide feedback or follow-up on people’s cases and as a result, some cases get lost. It was
also expressed that poor police service from the cluster level downwards to the station level
and the police who are not passionate about their jobs, are some of the root causes for mob
justice activities being continuously perpetrated in the Motherwell Cluster precinct. Certain
participants also emphasised that people do not comprehend the operations of the criminal
justice system and do not trust the police because they believe that police are working with and
protecting criminals. One of the key community leaders indicated that:
“The manner in which cases are dealt with. Police do not manage people’s cases
very well and they do not make arrests. They do not even provide feedback about
people's cases. They just keep quiet and move on. People are so victimized by crime
now they resort to fighting back. Secondly, a lack of information is what also
triggers mob justice. Our people do not understand how the criminal justice system
operates. For example, they take a bail application as a sentence. They do not
understand that the alleged criminals have the right to apply for bail. There is no
education to empower them. In fact, this goes back to poor police service because
a police officer may not resist the criminal but can ask a bail to be postponed so
that they can inform the community first about the release of the accused criminal
on bail. They need to read the situation first before they release the suspect so to
protect him/her. Because the suspect has also got a right to be protected by the
same law that protects others. Also, unemployment has caused people to pursue the
wrong calling because not every policeman is a policeman. Others are there
because they get money at the end of the day” (Nomfusi, 55).
Regarding the same issue, another community member said:
“Police members are not proactive, they are reactive. Sometimes the police arrest
the alleged criminals and drop them on their way to the police station. So, when the
community sees that person who was taken by the police not even 10 minutes ago,
they burn him/her. I told them that the police officers who did that were supposed
to be charged with murder. So, I and the community members do not have
confidence in our station commander. Lack of implementation also is another
reason. We also do address some of these issues with the station, but nothing is
being done to improve the situation. The meetings that we conduct with the
management do not have outcomes or any impact. As a result, our interest in
attending those meetings has waned” (Mzwanele, 55).
It appears that crime is the major cause of mob justice in the Motherwell Cluster precinct.
The police are perceived to be corrupt, slow to respond to crimes, incapable to arrest suspects
and unable to investigate crimes and attend to complaints timeously. As a result, they are
unwelcome in many communities. People believe that reporting crime to the police is pointless
because the suspects will not be arrested or brought to justice. Hence, it is imperative for the
South African government to address the identified problems.

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Involvement in addressing mob justice

Regarding the approaches used to address this occurrence, participants expressed divergent
opinions, with some stating that they engage communities in arranged public meetings between
the police, CPF and communities where they inform people that anyone caught in an act of
crime should not be beaten up but reported to the police. Other participants pointed out that
they conduct awareness campaigns and imbizos at schools, churches, and communities with
other stakeholders, where they educate people about mob justice and how to deal with crimes
occurring in their areas. Some participants also articulated that, as pastors, they preach the word
of God in schools whereby they educate the children about respect, love, and kindness towards
one’s neighbours. Furthermore, other participants stated that they address the causes of mob
justice through more police visibility in the streets. Some of the comments from the police on
this issue were as follows:
“First of all, we do awareness campaigns. We do educate people on how to deal
with crimes that are happening in the area. We always make them aware that you
cannot do justice to situations just like assaulting people and subsequently kill them.
You must report the crime to the police, we will follow the legal route and will
eventually put the perpetrators off. So, we do come to the communities because we
have sector management where they call in the meetings for the community, the
imbizos we educate and teach the people how to deal with such situations. The SAPS
also inform the communities that mob justice could lead to imprisonment of
individuals found guilty of a serious crime committed in such incidents. I can
promise you these days people are starting to understand that there is a better way
of dealing with it rather than throwing petrol and bombs to people’s houses or
killing people putting tyres around people” (Thobela, 52).
“We have established a unit now that investigate these cases of mob justice. So that
all those who are involved in mob justice can be caught and arrested”. It is
promising so far even though we are still having some challenges like a shortage
of resources and lack of cooperation from the community members. (Frederich, 51).
On the other hand, some participants articulated that they do not do anything because
they do not have the authority and are tired of police officers who do not bring the offenders to
justice. A number of participants expressed that their main reason for not doing anything to
address mob justice is that they do not trust the police and the police do not cooperate with
them. Furthermore, other participants stated that they do try to report hot spot areas to the
police, but nothing is done to address crime in those areas. As a result, this demotivates them
to assist the police in fighting crime. Some of the community leaders mentioned the following:
“We do not do anything because we do not have the authority because all these
departments are independent (SAPS, Justice and Correctional Services). When
correctional services, for example, release someone on parole they must call us.
Us, our job is to facilitate the public meeting. Because this place is ours. But we
are not in control of the person they bring to us. We sit down with the victim and
the community, and we tell them the person is about to get released, so how do you
feel. Sometimes they just release the person even if the community says no because
the prisons are overcrowded. But we must remember what triggers mob justice is
when people feel unsafe. To save itself from extinction, it must fight back. Let us say
we said no. The letterhead and signature that says this person must not be released
is mine as a Counsellor. Now, who is at risk, it is me and this is a challenge to us”
(Zoleka, 35).

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“I try to report the hotspot areas to the management, but nothing is being done
about that. They do not patrol in these areas to make sure that these criminal
activities do not occur. There are sector managers and CPF, but they do not have
a programme meaning they do not have direction. Yes, they are blaming justice, but
they are also contributing to this high crime rate. I understand there is no
department without challenges, but your attempts must show us that you are trying,
and you are enthusiastic about what you are doing but you shortfall in terms of
resources. There was a call made by Mr Mbalula, he said the police must be on the
street not at Charge Office. But if you go to our station, you will find them there at
the station” (Mzwanele, 55).

Other participants articulated that they address the occurrence of mob justice by
conducting patrols in their respective areas, but they are struggling because the police do not
cooperate with them. Providing more clarity on this issue, one of the community members
stated that:

“I do patrols at night and also in the mornings. Sometimes I sleep around 11 pm

busy patrolling. If there is something suspicious, I report it to the sector manager
so that they can come and assist me. There is also an incident I reported to them
last week, but they have not yet visited the scene. I also raised this in the meeting
we had with other police, but they still have not come to the scene. As community
members, we do not have the powers to address this issue. So, if the police are not
willing to assist us in fighting this occurrence there is nothing we can do also. The
police must do their part, then we can assist them, and they must cooperate with
us” (Khanya, 34).

From the arguments raised above, it can be deduced that there is little cooperation among
the police, the community members, and the community leaders in addressing mob justice.
Some of the issues reported causing this sub-standard cooperation included the following: lack
of police cooperation, lack of implementation, distrust of the police and the inability of the
police to bring the offenders to justice.

DISCUSSION OF FINDINGS

Results from this study have shown that all the participants comprehended mob justice as a
way of dealing with crime. Their perspectives tend to align with the current trend in literature,
as expressed by Gross (2016: 246) and Minnaar (2003: 44), who stated that mob justice can be
understood as an alternative means of reducing crime within the community and providing
safety where the state does not. Taussig-Rubbo (2011:63) presented a similar interpretation,
defining mob justice as an act perpetrated by a group of individuals ranging from spontaneous
to semi-organised crowds of people who are often violence-oriented and violently violate the
rights of an accused person in order to preserve social order and prevent future threats.
In other words, mob justice is a small or large number of people who punish accused
criminals to secure community justice and peace. When it came to defining mob justice, certain
participants believed that the justice system and the NPA were the primary causes. The
departments are accused of providing more protection to offenders at the expense of victims.
According to them, the departments do not evaluate the nature of the crime committed when
granting bail. As a result, they believe the Constitution should be amended to address the issue
of unjustly granted rights to the wrong people. This position is also confirmed by Smith (2019:
5) who argues that it is the system’s ‘technical success’ rather than its failure that leads to mob
justice. According to the authors, the implementation of a procedural rights regime facilitates

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mob justice, since its perpetrators blame criminality on the modernising, rights-based state,
accusing it of handing “criminals too many constitutional rights” (Smith, 2019: 203). In most
incidents, the participants witnessed, in their respective areas, the victims being killed with few
surviving and all of them being young male adults. The views of the research participants are
in line with Barron and Madden (2004: 20-32) when they stated that death is typically the
penalty in both spontaneous and premeditated mob justice. In most instances, accused
offenders are killed by being burned alive or beaten with rocks, and when they are apprehended,
it is not just the aggrieved persons (victims) that enact punishment, but even community
members.
Minnaar (2002: 117-134) examined the issue of mob justice and discovered that a large
proportion of the accused offenders who were more likely to be killed by mobs, were male
youths. Young men were also anticipated to be three times more likely than adults to be mob
justice victims. Certain of them had previously served time in prison and were members of the
prison gangs known as the 26s, 27s, and 28s (the so-called ‘Numbers’ gangs) that terrorised
Kwazakele. In all these cases, no arrests were made. In some cases, if it happens that some do
get arrested, they do not stay for long and are released the following day due to lack of evidence
and/or witness cooperation. Considering the reaction/response of community members towards
mob justice, the study revealed that most of them have no empathy towards a person who is
assaulted and are violent towards the police. According to Saba (2014: 1), several individuals
involved in mob justice cases have been crime victims in the past where the accused perpetrator
was never apprehended. As a result, they vent their repressed feelings and frustration on
suspected criminals and police officers. People forget that killing is not a good thing when they
are upset, and they will regret it after they have calmed down. (Cooper-Knock, 2014:563-582).
In contrast, some community members (few in numbers) were reported to respond
positively to the occurrence of mob justice. The findings of this study also revealed that the
police do come to the crime scene when there is an incident of mob justice, but they arrive late
in most instances, when the victim has already been burned/beaten/killed with nobody at the
crime scene. As a result, very few arrests are made in cases of mob justice. Even if they ask
around who performed the act, they do not get anything. All the community members say is
that they do not know. A study conducted by Cooper-Knock (2014: 577) also demonstrated
that the perpetrators of mob justice were not apprehended on the spot. The priority of the police
when they arrived before a person was murdered was to keep the suspect safe.
It was also expressed that victims of mob justice, in most instances, do not want to open
cases for fear of victimisation - making it difficult for the police to arrest the perpetrator/s. The
police are of the view that prospective witnesses are afraid of being apprehended for assault as
respondents if they speak up. Witnesses may also understand that after witnessing or
participating in a mob killing, the callousness and savagery of the action may cause them to
believe that the same wrath will be directed at them if they speak up. Whatever the cause, it
appears that those who engage in mob assaults and killings benefit from intimidation, self-
recrimination, or mob retribution (Minnaar, 2001: 10).
This was confirmed by Minnaar (2002: 117-134) who pointed out that mob justice
perpetrators are unlikely to be apprehended by police officers, and that even though
certain incidents are reported to the police, no witnesses come forward, and the police are
unable to obtain sworn affidavits. As a result, many cases of mob justice never go to court or
are dismissed due to a lack of evidence. In certain cases, the police obtain only an anonymous
phone call from a community member informing them of the location of a dead body or a
seriously wounded victim. Nonetheless, regarding the effectiveness of the police in executing
their roles, the participants expressed different views, with some stating that the police are
trying, but their ineffectiveness is due to the Department of Justice, work overload and
inadequate resources. According to Mlandu (2014: 1) and Ashimala (2014: 19-35), many

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police stations are deficient in resources and have a shortage of manpower, which makes them
overloaded and incompetent to perform important tasks effectively, such as patrolling crucial
and distant neighbourhoods and responding quickly to emergencies.
On the other hand, some participants averred that the police are not effective in doing
their job because even if they attempt to call them, they do not arrive early or do not arrive at
all and they are not visible in communities. It was also expressed that the police do not follow-
up on people’s cases and are corrupt and in cahoots with criminals. Many people perceive the
police as not having achieved their responsibility to safeguard the public from all forms of
violence and provide citizens with protection. The police are seen to be slow to respond to
complaints, failing to make follow-ups on cases, being corrupt and conducting poor detective
work (Nel, 2016: 162-179; Haas, De Keijser & Bruinsma, 2014: 224-241). In relation to the
understanding of the main factors influencing mob justice, findings have shown that crime is
the major factor influencing mob justice in Gqeberha. The participants indicated that
community members feel that the police and other stakeholders are not doing enough in rooting
out crime, especially gangsterism, in their respective areas. Therefore, they justify mob justice
on wrongdoers to eliminate criminal tendencies in communities.
This concurs with Adelstein’s (2004: 54) Just World Theory, which states that mob
justice is triggered by a belief in a just world where an individual's response to crime
victimisation and mob justice activities can be interpreted as attempts to maintain that belief.
Henceforth, every criminal element in the community receives the punishment he or she
deserves. The notion is that individuals will barely participate in mob activities
individualistically. There is always a motive that encourages people to engage in mob justice,
as members of the community seek to uphold and protect a certain social order, even if the
means are unconventional (Gershoff, 2010: 31-56). For example, according to Gershoff (2010:
31-56), "punishment" as a concept utilised in operant conditioning refers to any transformation
that happens after a crime that decreases the probability of the crime occurring again in the
future. This argues that, while mob justice is unplanned and spontaneous in many instances, it
is, however, intentional in that it attempts to instil fear in future offenders or criminals who
would be enforced to proclaim a community a "no go" zone.
Ineffectiveness by the police and justice system, lack of faith in the criminal justice
system, bail, and poor police response/poor police service delivery, poor investigation, and the
inability of the police to address complaints and community concerns timeously and effectively
were also cited by all the respondents as contributory factors relating to the emergence of mob
justice in Gqeberha. According to the participants, communities feel that the criminal justice
system is failing them because when they report a crime, no arrests are made, and in some
instances, those that are arrested are released on bail. According to Nivette (2016: 142-175)
and Adzimah‐alade, Akotia, Annor and Quarshie (2020: 194-213) law or security may be
unavailable or absent due to official institutions that are ineffectual, illegitimate, or both. When
a government fails to punish lawbreakers and provide protection to its population, it is said to
be ineffective. Similarly, in a Ghanaian context, Tei (2021: 180-194) viewed mob justice
because of an ineffectual criminal justice system. Tei believes, for example, that the Ghanaian
police and judiciary are corrupt and incapable of administering justice. The responses also echo
Nel's (2014: 25) research findings in Khayelitsha, that in the two suburbs where citizens
resorted to mob justice, the inability of the police to take initiative to citizens' demands for help
and service within an appropriate time led to the development and escalation of mob justice.
Livingston (2013: 34) and Schuberth (2013: 41-43) jointly concluded that as mob justice
is found in nearly every society, at one point or another, it can be understood more as a product
of lower-class areas, areas in which the state does not provide adequate security provisions for
citizens, typically black poor deprived of formal security structures. Some participants,
including community members, the CPF and community leaders also mentioned lack of

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implementation and information as some of the major factors that cause the public to resort to
mob justice in their areas. People are no longer interested in attending meetings because they
do not understand the point. There is no outcome, and the concerns are not satisfactorily
resolved. Residents are dissatisfied with the way the SAPS handles the situation. The
participants also elucidated that criminal justice system procedures are not well understood by
the public. Therefore, they feel that it is pointless to report the crime to the police because they
do not bring the offenders to book. This is in line with Madienyane (2013: 15-23) who stated
that the operations of the criminal justice system are not well understood by the public, to the
point that they misinterpret activities, such as the granting of bail to defendants as their release.
The above discussion also confirms the findings by the South African Police Service
(2016: 7-131) that mob justice is a lack of knowledge among members of the public about the
criminal justice system's procedures. Members of communities believe that the release of
alleged criminals indicates reluctance by police to conduct investigations. As a result, they do
not trust the system and would rather deal with alleged offenders on their own terms. Certainly,
most interview responses suggested that residents were unhappy and dissatisfied with the legal
proceedings, particularly the granting of bail and lenient sentences. Bail is not seen as an
approach defending human rights or upholding the presumption of innocence unless proven
guilty. Instead, it appears to be an obstruction to justice. Since it prevents punishment, the
public perception is that it provides space for more crime (Seekings, 2007:189). Low police
visibility is another contributory factor to the rise of mob justice highlighted by community
members, the CP and community leaders.
As Ashimala (2014: 70-73) points out in the context of Africa, the police are slow to act
in a timely fashion to crime and occurrences of mob justice and have little visibility in some
key areas, thus making it impossible for police to apprehend criminals. According to Super
(2017: 512-531) and Galtung (1969: 167-191) South Africa is one of the world's most unequal
societies, as evidenced by the informal shack communities in black townships, which have
extraordinarily high levels of poverty, unemployment, and violent crime. Residents here, where
the state is conspicuously absent, live a dangerous and difficult existence. All types of security
are lacking, including sanitation, water, money, garbage removal, and employment. It is no
surprise, however, that marginalised communities mistake a punitive criminal justice system
with social justice, employing the language of violence (in this case mob justice) to demand a
better life and demand that the state fulfils its commitments, one of which is the provision of
security.
Furthermore, responses to low police visibility echo Gopge’s (2003: 1-2) and
Schuberth’s (2013: 38-51) research findings, which found that the prolonged absenteeism of
police in the neighbourhood led to a rise in mob justice in the neighbourhood. Additionally,
some CPF and community leaders added that the police do not provide feedback and do not
follow-up on people’s cases; as a result, some cases get lost. The study also indicates that
respondents considered anger and frustration as the most important contributing factor to mob
justice. Mob justice has been identified in many neighbourhoods because of frustrations with
increasing crime rates. Mob justice is described as an expression of emotion, driven by
dissatisfaction and disappointment. Certain individuals are unable to control their feelings and
rage. In this enraged and emotional state, certain individuals lose control and commit horrific
acts of violence against others. They later remember that ‘we have made a serious mistake’
(Saba, 2014: 1-114).
However, in addressing underlying causes, SAPS members, the CPF leaders and some
community members highlighted that they conduct public meetings, awareness campaigns and
imbizos with other departments and communities where they educate the people on how to deal
with crimes that are occurring in their areas. This clarifies Levine's (2011: 7) view, which posits
that mob justice could be greatly diminished by educating conventional rural communities

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about the risks, implications, and repercussions of mob justice, as well as increasing public
knowledge of human rights and breaches of human rights. SAPS members added that they also
address the causes of mob justice by more police visibility in the streets, whilst others
articulated that they have established a unit that investigates cases of mob justice.
On the other hand, the members of the community, the CPF and community leaders
indicated that they do try to report hot spot areas to management, but nothing is done to address
crime in those areas. Some community leaders and the community members also highlighted
that they do not do anything because they are tired of police who do not cooperate with them,
bring the offenders to justice, and simply do not trust them. Conversely, some community
members articulated that they conduct patrols in their respective areas, but the problem they
have is the police who do not cooperate with them. Addressing mob justice by conducting
patrols corroborates the views of Glad, Stromberg and Westerlund (2010: 47) who proposed
that constructive community engagement is needed. A creative approach by one community
has been to establish an organisation that assists residents by escorting them home from taxis
and buses late at night to make sure that their susceptibility as crime victims is diminished by
the presence of others.

RECOMMENDATIONS

Below are several recommendations based on the study’s findings:

Enacting laws that are tough on convicted and alleged offenders

The view that lawbreakers do not experience any difficulties in obtaining bail is among one of
the factors that trigger the communities to become involved in mob justice in Gqeberha.
Therefore, courts must be harsh on those suspected of committing heinous crimes, and
everyone alleged to have committed serious crimes should be kept in jail until proven guilty.
Courts should also ensure that community members who engage in acts of mob justice receive
harsh sentences, because these individuals participate in the occurrences of mob justice
knowing that they will get away with it. Therefore, cases relating to accused perpetrators of
mob justice should be dealt with in a serious manner by the police officials and be charged with
a crime. Those who have been found guilty, must be punished to deter others from engaging in
mob justice

Education about the legal system

Residents of Gqeberha need to be educated and informed by means public meetings and
imbizos [Zulu word for a meeting or gathering called by traditional leaders or the King] on the
functions and processes of the criminal justice system because most of them (from all study
settings) do not comprehend the legal system and why people accused of committing crimes
are released on bail? Civilians are blaming the Department of Justice for the police's
incompetence. They accuse them of granting bail to those accused of committing heinous
crimes. They do not comprehend the necessity to provide accused criminals time to prove their
guilt in court. As a result, they appear to have lost confidence in the legal system. Therefore, it
is recommended that the Department of Justice and Constitutional Development educate
members of the community about problems connected with the application of bail and
circumstances under which one can be issued with bail. Community members need to be made
aware of this and other crucial issues, such as: case withdrawals. To achieve this, the
Department of Justice must work conjointly with the SAPS. The public believes that those who
break the law need to get punishment, particularly when someone perpetuates a crime in front
of them.

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Education about mob justice and human rights

During analysis, it was discovered that certain people have a better understanding of the
concept of ‘mob justice’ than others. As a result, it was proposed that people be educated on
mob justice to ensure that everyone understands the concept. It was also suggested that
workshops should be held to educate people about the threats it poses and how it affects
children, communities, victims, and perpetrators. There needs to be an understanding that mob
justice is a crime that is punishable by law. Furthermore, members of the community should
be educated on human rights, as well as the rights of alleged criminals and their legal rights.
Children should also be informed at schools from an early age about the Constitution and
Constitution booklets should be made accessible to everyone so that people can better
understand how the Constitution protects them.

Training and development

To address inefficient policing, as a contributing factor to communities who become involved
in mob justice, the SAPS should ensure that police officers receive improved training to enable
them to conduct investigations effectively and write good statements. When it comes to
handling the public, police officials should undergo some intellectual preparation and training.
There should be workshops in the SAPS motivating members to further their studies. It is
proposed that all police officials should receive training for them to acquire certain skills to
enable them to better relate to the community.

Decision-making
Citizens should have the opportunity to participate in discussions on policing policy and have
influence over police choices. Police need to be transparent in their actions, decisions, and
communications with residents of Gqeberha and involve them in their decision-making. They
should keep them informed about the activities and functions that will be conducted in their
stations. They must be informed about everything that occurs at their police stations.
Furthermore, it has been noted that sector managers and the CPF are active in various police
stations in Gqeberha, but the problem is that they lack a defined plan for policing their
precinct/s. Therefore, sector managers and the CPF are urged to involve the public in their
decision-making, solicit their input and seek guidance from them because they know their
community better than the police.

Provision of immunity to informers and gaining of community trust

Due to the difficulty in identifying and apprehending mob justice perpetrators in the research
context, police must grant immunity to their informants and assure them that the information
they provide will be kept private, anonymous, and confidential. Police officers must also be
devoted to their communities; enhance their working relationships and community service
delivery by, for example, being visible in communities; and refrain from participating in illegal
activities, in order for the community to cooperate with them in the fight against crime and
mob justice. With the community's assistance and participation, the police will be able to
address the occurrence and reoccurrence of mob justice. The police need to attract support from
the community and be seen as part of the community. Moreover, police should enable residents
and stakeholders to be heard, get involved and collaborate with them for solutions to
community problems. They should also be open about their decisions and the reasons behind
them.

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35(1) / 2022

Improved recruitment
Since corruption, police misconduct and police who are collaborating with criminals, are
several of the obstacles to police effectiveness in Gqeberha, police organisations should
consider hiring applicants who have qualifications related to policing by improving
remuneration and allowances. They should do this by firstly targeting people who study police-
related courses and should shortlist people with tertiary qualifications (for instance in: crime
investigation; crime prevention: and applied communication in policing). This will show that
these people are enthusiastic and fascinated about helping the community and choose to
become a police officer as a calling and profession. If recruitment can be conducted in this
manner, then they will be able to recruit prospective police officers that are enthusiastic to
assist the public, rather than officials who are not enthusiastic about their jobs and only doing
it for the purpose of line reporting and getting money at the end of the day. This will also
improve the investigation process, allowing people to get feedback on their cases. In addition,
those who are alleged to be collaborating with criminals must be prosecuted and those found
guilty must be punished. This will serve as a lesson to others and improve police integrity.

Resources
The shortage of resources in the SAPS needs to be addressed to fulfil the necessities and the
demands of the communities. Therefore, the government should supply police officials with
equipment, such as: recording cameras, to be able to record incidents of mob justice. The
recording cameras should be placed in hotspot areas to assist the police in gathering
information so that the perpetrators of mob justice can be apprehended, prosecuted, and
sentenced. In addition, police have been reported to be overloaded and this requires more
manpower. Old police officers are retiring, and some are taking straight transfers without being
replaced. This, as a result, leaves the remaining police officers with a huge amount of work.
Therefore, replacements should be conducted for those who take transfers and those who are
retiring. The government should also consider recruiting police officers on an annual basis
because the population increases every day in Gqeberha due to urbanisation and high fertility
rate. Those with policing-related qualifications should be given preference in order to
strengthen the police service. Furthermore, there should be at least two vehicles at each station
reserved for emergencies. The police should also utilise motorcycles in places that are not
easily accessible. These motorcycles will also be helpful in reducing petty crimes and assist
them in addressing community concerns timeously. It is very significant for the SAPS to have
transport that is steady at the police stations to combat mob justice rapidly and easily.

Monitoring
Several crime-related issues are reportedly being addressed through meetings in partnership
with stations, other stakeholders, and the public, however, the problem is that the meetings
have no impact or outcomes due to a lack of implementation. Therefore, police officers’
performance needs to be monitored weekly to ensure implementation. The Department of
Community Safety needs to monitor police agencies and assess their effectiveness and
efficiency. The department should ensure that they do follow-ups on meetings, campaigns and
imbizos that the Motherwell Cluster Police Stations conduct. This means that the police should
record information on strategies, activities and resources involved and demonstrate the impact
of their activities on community safety. The department needs to understand police problems
and other challenges they encounter, and action must be speedily taken against identified issues
and challenges. Attention must also be paid to cases reported and complaints lodged.

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CONCLUSION
In conclusion, this article aimed to explore the underlying factors contributing to mob justice
in Gqeberha, South Africa. The findings of this research revealed that in many incidents of
mob justice that occurred in Gqeberha the victims were burnt and stoned to death and that the
citizens demonstrate no empathy towards assaulted persons. This shows that accused
criminals are living in fear in Gqeberha as their rights are extremely infringed by being
subjected to harsh and vicious physical violence imposed on them by mob justice perpetrators.
Additional findings of this research revealed that crime, ineffectiveness by the police loss of
trust in the criminal justice system, lack of implementation, bail, poor police response/poor
police service delivery, poor investigation, and the inability of the police to address complaints
and community concerns timeously and effectively, amongst others, cause citizens to resort to
mob justice. From the study findings and discussion, it can be concluded that civilians believe
that the criminal justice system is failing them because when they report a crime, no arrests are
made and, in some instances, those that are arrested are released on bail. However, community
members demonstrated negative attitudes towards police-citizen cooperation. This suggests
that the factors influencing and resulting in mob justice must be dealt with to diminish the
escalating incidences of mob justice. Since, if the above-mentioned factors are not addressed,
mob justice will remain being prevalent in those high-crime areas most affected and will
therefore also continue to increase.
_____________________

LIST OF REFERENCES
Adelstein, R. 2004. Victims as cost barriers. Buffalo Criminal Law Review, 3(l). Retrieved
from: http://www.mcser.org (accessed on: 22 July 2017).
Adepoji, A. 1993. The impact of structural adjustment on the population of Africa. London:
James Currey.
Adzimah‐Alade, M., Akotia, C.S., Annor, F. & Quarshie, E.N-B. 2020. Vigilantism in Ghana:
Trends, victim characteristics, and reported reasons. The Howard Journal of Crime and
Justice, 59(2): 194-213.
Ashimala, J.H. 2014. Challenges of policing in Africa. Unpublished dissertation. MA
(International Studies). University of Nairobi, Nairobi, Kenya.
Baloyi, E. 2015. The Christian church’s role in the escalating mob justice system in our black
townships: An African pastoral view. HTS Theological Studies, 71(2): 1-7.
Doi.org/10.4102/hts.v71i2.2833.
Barron, P. & Madden, D. 2004. Violence and conflict resolution in non-conflict regions: The
case of Lampung, Indonesia. Mimeo. World Bank, Jakarta. Retrieved from:
http://www.documents.worldbank.org (accessed on: 31 March 2017).
Buur, L. & Jensen, S. 2004. Introduction: Vigilantism and the policing of everyday life in South
Africa. African Studies, 63(2): 139-152.
Buur, L. 2008. Democracy & its discontents: Vigilantism, sovereignty & human rights in South
Africa. Review of African Political Economy, 35(118): 571-584.
Chouza, P. 2014. Fundadores de las autodefensas impulsanun movimiento naciona [Founders
of self-defense groups promote a national movement]. El Pais.
Christie, D.J., Wagner, R.V. & Winter, D.A. (Eds). 2001. Peace, conflict, and violence: Peace
psychology for the 21st century. Englewood Cliffs, NJ: Prentice-Hall.
Cooper-Knock, S.J. 2014. Policing in intimate crowds: Moving beyond ‘the mob’ in South
Africa. African Affairs, 113(453): 563-582.

45
Loqani-Magadze Acta Criminologica: African Journal of Criminology & Victimology
35(1) / 2022

Department of Safety and Liaison, Eastern Cape. 2016. Confronting the fear factor:
Community safety issues in the Eastern Cape. Volume (1) of the findings of the 2015
Eastern Cape Safer Communities Survey. March. Policy and Research Sub-Branch.
Dixon, B. & Johns, L. 2001. Gangs, PAGAD and the state: Vigilantism and revenge violence
in the Western Cape. Violence and Transition Series, 2: 3-4. Johannesburg: Centre for
the Study of Violence and Reconciliation.
Galtung, J. 1969. Violence, peace, and peace research. Journal of Peace Research, 6(3): 167-
191.
Geldenhuys, K. 2022. No ‘justice’ in mob justice it’s criminal. Servamus. October. Retrieved
from: https://www.servamus.co.za/index.php/component/content/article/150-servamus-
feb-2020/480-no-justice-in-mob-justice-it-s-criminal (accessed on: 10 October 2022).
Gershoff, E.T. 2010. More harm than good: A summary of scientific research on the intended
and unintended effects of corporal punishment on children. Law and Contemporary
Problems, 73(2): 31-56. March.
Glad, R., Stromberg, A. & Westerlund, A. 2010. Mob Justice: A qualitative research regarding
vigilante justice in modern Uganda. Saarbrucken, Germany: LAP Lambert Academic.
Retrieved from: https://gupea.ub.gu.se (accessed on: 31 March 2018).
Gopge, M. 2003. Vigilantism: A crime or call for justice? Cape Augus, 1: 1-4.
Gross, M. 2016. Vigilante violence and “forward panic” in Johannesburg’s townships. Theory
Society, June, 45: 239-263. Doi.10.1007/s11186-016-9271-1.
Haas, N., De Keijser, J.W. & Bruinsma, G.W. 2014. Public support for vigilantism, confidence
in police and police responsiveness. Policing and Society: An International Journal of
Research and Policy, 24(2): 224-241.
Scheper-Hughes, N.S. & Bourgois, P. 2004. Introduction: Making sense of violence. Violence
in War and Peace: An anthology, 4: 1-27.
Johnston, J. 1996. What is vigilantism? British Journal of Criminology, 36(2): 220-236.
Lee, R. & Seekings, J. 2002. Vigilantism and popular justice after apartheid. (Pp. 99-116). In
D. Feenan (Ed.). Informal Criminal Justice. Dartmouth: Ashgate.
Lerner, M.J. 1982. The belief in a just world: A fundamental delusion. New York, NY: Plenum
Press.
Lerner, M.J. 1987. Integrating societal and psychological rules of entitlement: The basic task
of each social actor and fundamental problem for the social sciences. Social Justice
Research, 1(1): 107-125. Doi.org/10.1007/BF01049386.
Levine, T.V. 2011. Combating mob justice: An overview. Global Conscience Initiative, 3-7.
Livingston, S. 2013. Africa’s information revolution: Implications for crime, policing and
citizen security. November. Washington, DC: Africa Centre for Strategic Studies,
National Defence University.
Madienyane, D. 2013. The effects of vigilantism on the community of Diepsloot. Unpublished
dissertation. MA Management Security (Public and Development Management).
University of Witwatersrand, Johannesburg. Retrieved from:
https://wiredspace.wits.ac.za/bitstream/handle/10539/13113/Vigilantism%20in%20Die
psloot-Edited-Final%20submission%202.pdf (accessed on: 18 November 2017).
Martin, J.R. 2012. Vigilantism and State crime in South Africa. State Crime Journal, 1(2): 217-
234.
Mathye, T. 2016. Police must restore public’s faith in them. Daily Sun, 4 February: 18.
Minnaar, A. 2001. The new vigilantism in post-April 1994 South Africa: Crime prevention or
an expression of lawlessness. Florida: Institute for Human Rights and Criminal Justice
Studies, Technikon SA.

46
Loqani-Magadze Acta Criminologica: African Journal of Criminology & Victimology
35(1) / 2022

Minnaar, A. 2002. The new vigilantism in post-April 1994 South Africa: Searching for
explanations. (Pp.117-134). In D. Feenan (Ed.). Informal Criminal Justice. Dartmouth:
Ashgate.
Minnaar, A. 2003. Vigilante killings are symptoms of breakdown. Sunday Times, 9 June: 8.
Mlandu, L. 2014. Mob justice linked to police inefficiency. Eyewitness News, 31 January.
Retrieved from: http://ewn.mobi/2014/01/29/Mob-justice-linked-to-police-inefficiencies
(accessed on: 11 March 2019).
Mtika, G. 2011. Horror of mob murder. City Press, 12 June: 28. Retrieved from:
http://www.citypress.co.za (accessed on: 5 June 2017).
Nel, M. 2014. Violent enforcement of traditional beliefs: Witchcraft, vigilantism and state
legitimacy. Acta Criminologica: Southern African Journal of Criminology, 27(2): 25-42.
Nel, M. 2016. Crime as punishment: A legal perspective on vigilantism in South Africa.
Unpublished thesis. LLD. Stellenbosch University, Stellenbosch.
Nivette, A.E. 2016. Institutional ineffectiveness, illegitimacy, and public support for
vigilantism in Latin America. Criminology, 54(1): 142-175.
Orock, R.T. 2014. Crime, in/security and mob justice: The micropolitics of sovereignty in
Cameroon. Social Dynamics, 40(2): 408-428.
Pillay, S. 2002. Problematizing the making of good and evil: Gangs and PAGAD. Critical Arts,
16(2): 38-75.
Rotberg, R.I. 2004. The failure and collapse of nation-states: Breakdown, prevention, and
repair. (Pp. 1-49). In. R.I. Rotberg (Ed.). When states fail: Causes and consequences.
Princeton, NJ: Princeton University Press.
Saba, A. 2014. Vigilante terror: Deep anger and resentment will spark mob justice. City Press,
10 November: 1.
Schuberth, M. 2013. Challenging the weak states hypothesis: Vigilantism in South Africa and
Brazil. Journal of Peace, Conflict and Development, 20: 38-51.
Seekings, J. 2007. The revival of people’s courts, informal justice in transitional South Africa.
South African Review, 16(1992): 189-201.
Smith, N.R. 2019. Contradictions of democracy: Vigilantism and rights in post-apartheid
South Africa. New York: Oxford University Press.
South African Police Service (SAPS). 2016. South African Police Service Annual Crime Report
2015/2016, 31 August: 7-131. Retrieved from: http://www.sapscrimestatisics.gov.za
(accessed on: 26 February 2018).
South African Police Crime Stats SA. 2019. Crime threat assessment: Mob justice/vigilantism.
6 June. Motherwell Cluster: IAC.
South African Police Service (SAPS). 2022. Police recorded crime statistics. Second Quarter
of 2021/2022 financial year (July to September 2021). Retrieved from:
https://www.saps.gov.za/services/downloads/july_to_september_2021_22_quarter2_pre
sentation.pdf (accessed on: 3 September 2022).
Super, G. 2016. Volatile sovereignty: Governing crime through the community in
Khayelitsha. Law & Society Review, 50(2): 450-483.
Super, G. 2017. What’s in a name and why it matters: A historical analysis of the relationship
between state authority, vigilantism and penal power in South Africa. Theoretical
Criminology, 21(4): 512-531.
Super, G. 2021. Punitive welfare on the margins of the state: Narratives of punishment and (in)
justice in Masiphumelele. Social & Legal Studies, 30(3): 426-447.
Szescilo, D. 2017. Citizen’s co-production of public safety as a symptom of state failure: The
case of South African vigilantism. Journal of Comparative Urban Law and Policy, 1: 1.

47
Loqani-Magadze Acta Criminologica: African Journal of Criminology & Victimology
35(1) / 2022

Tabane, R. 2013. Khutsong: Brutality prevails when hope is lost. Mail & Guardian, 7
November: 8-14. Retrieved from: https://mg.co.za/article/2013-11-07-khutsong-
brutality-prevails-when-hope-is-lost/ (accessed on: 17 June 2017).
Taussig-Rubbo, M. 2011. Pirate trials, the International Criminal Court and mob justice:
Reflections on postcolonial sovereignty in Kenya. International Journal of Human
Rights, Humanitarianism & Development, 51: 63-64.
Tei, D. 2021. Mob justice in contemporary Ghana. (Pp. 180-194). In: Liam James Leonard
(Ed.). Global perspectives on people, process, and practice in criminal justice. Hershey,
PA: IGI International.
Von Schnitzler, A., Dithlage, G., Kgalema, L., Maepa, T., Mofokeng, T. & Pigou, P. 2001.
Guardian or gangster? Mapogo-a-Mathamaga: A case study. Violence and Transition
Series, 3: 9. Johannesburg: Centre for the Study of Violence and Reconciliation.
Wilson, G. 2017. Two dead, one critically injured in ‘mob justice’ attacks. Herald Live, 21
August. Retrieved from: https://www.heraldlive.co.za/news/2017-08-21-two-dead-one-
critically-injured-in-mob-justice-attacks/ (accessed on: 21 September 2018).

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