Cape gang violence hits courts: ‘A direct threat to constitutional democracy’ – Andries Nel, Justice Dept

Pippa Hudson (standing in for Cape Talk's Lester Kiewit) chats to Deputy Minister of Justice and Constitutional Development, Andries Nel.

Listen to their conversation in the audio clip below:

"If our courts are not viewed as places of safety where citizens can exercise their rights as a constitutional democracy, we are in serious trouble."

- Andries Nel, Deputy Minister - Justice and Constitutional Development 

A high-level delegation from the national security cluster recently visited Cape Town in response to the escalating gang-related violence, particularly around the city's courts. 

The delegation included the Ministers and Deputy Ministers of Police and Justice, who met with affected communities in Mitchells Plain and Philippi. 

"The community was clear - they said we have got to address the underlying socio-economic challenges. These include unemployment, as well as providing skills and opportunities for young people. It involves access to recreational facilities, sporting facilities for young people and safeguarding the schools in those communities to help insulate them from gang activities and the drive to recruit people into gangs."

- Andries Nel, Deputy Minister - Justice and Constitutional Development 

"There was also a very loud cry from the community to deploy the army, but not the army of soldiers, an army of social workers, to come and help attend to the underlying social problems which give rise to gang activity."

- Andries Nel, Deputy Minister - Justice and Constitutional Development 

Nel describes the situation as a direct threat to the country’s constitutional democracy, especially when violence extends into judicial spaces meant to protect rights.

He also warns of an “inextricable link” between gangs operating in communities and those within correctional facilities, which have increasingly become “fortresses for organised crime.”

"They've become command centres of gang activity. They're smuggling in and out of the correctional facilities, messages, sometimes messages indicating who must be hit and taken out or coming out of those prisons. Unfortunately, our courts are being trapped in the middle of all of that because they are being used as the point for those gangs, sometimes under completely false pretexts to appear in court, to go to holding cells where they both receive contraband to take back to prison, but they also bring things out and issue instructions through that." 

- Andries Nel, Deputy Minister - Justice and Constitutional Development 

Nel says government is proposing intensified visible policing in and around courts, among other measures, to restore safety and public trust in the justice system.

ALSO READ:

• A fortune spent on Anti-Gang Unit, so why is violence still raging? We interview top gang buster Jeremy Vearey...
• Casualties of their communities: 63 Western Cape children killed 'not by strangers' in 5 months
• Gangs have become ‘sub-governments,’ people are traumatised - Police Minister 

Scroll up to listen to the full conversation