Construction mafias: 'Police often too scared to act as they're from same community as extortionists'

The expansion of the so-called construction mafia across the country is causing increasing concern.

Last month, Cape Town Mayor, Geordin Hill-Lewis called on the police to intensify efforts to protect construction sites from these syndicates.

Earlier in March, it was reported that developers had withdrawn from the Cape's largest housing project due to extortion threats.

It appears that this extortion trend is not being strategically addressed either through legislation or through appropriate targeted policing, says Jennifer Smit.

Motheo Khoaripe (in for Bruce Whitfield) interviews the Director and Head of Construction & Engineering at Werksmans Attorneys.

Smit says for a company being extorted to take the legal route is usually a last resort.

"It's a very difficult thing to manage because what really you need is police enforcement on the ground at the outset."

"Often the need to get involved from a court level comes about because you're not getting that support... It becomes difficult then to seek to enforce an order without the assistance of the police who in this first instance are not necessarily on board."

Jennifer Smit, Head of Construction & Engineering - Werksmanns Attorneys

Specifically in the more remote areas of our country, police can fail to act because they come from the same communities and fear intimidation by the extortionists themselves, Smit says.

"These gangsters, basically, are a law unto their own."

"When one goes to court one can... ask for assistance from a provincial or national level to get an order enforced, by other people as it were who are not part of the community."

Jennifer Smit, Head of Construction & Engineering - Werksmanns Attorneys

She also suggests that contractors undertaking a project near a specific community strategise to take that community into account.

Ways to address possible expectations include labour deployment and community engagement.

"The community will generally take a view that, because the project is being carried out in their area, there is an obligation on the company to share."

"It's driven by social issues really... and there are legitimate expectations of local procurement, transformation... that initally drive this, but then they're characterised by violent behaviour like gun toting, lockouts, blocking roads and the like."

Jennifer Smit, Head of Construction & Engineering - Werksmanns Attorneys