LETTER | Thugs seem to have all the rights as constitution is abused

In August this year, a 27‑year‑old e‑hailing driver, Siyanda Mvelase, was shot and burned at Maponya Mall in Soweto in an incident linked to ongoing taxi‑related violence.

The list of those killed by thugs did not stop there.

Those who have been ambushed and murdered include Marius van der Merwe, also known as Witness D, Mpho Mafole (Ekurhuleni’s group divisional head for corporate and forensic audits), Vusi Mayaba (ATA chair), Molefe Moekeletsi (ARMSTA chair), Thami Moyo (Gauteng National Taxi Association chair) and now DJ Warras (Warrick “Warras” Stock).

At this rate, it appears that murdering someone in SA has become normal.

If I were the president of SA, I would be deeply worried that the country I lead is reportedly ranked among the top five in the world in terms of murder rate — worse than many conflict and war‑torn regions.

It would be even more concerning if I were the minister of police or the national commissioner.

Most of us, as law‑abiding citizens and whistle‑blowers, are exposed daily because we do not have the luxury of walking or driving around with armed bodyguards under 24/7 security protection.

This begs the question — what does the country expect from criminals and thugs when political leaders wake up every morning focused primarily on being violent, destroying property and disrupting or collapsing council meetings, provincial legislatures and parliamentary sessions?

After all, these are the same councillors, MPLs and MPs who must amend the constitution and legislation so that they are clearly on the side of victims rather than thugs and criminals.

Within the legislative process, many still cannot comprehend that they are the first line of defence.

What we witnessed on Monday December 15, at the KwaZulu‑Natal provincial legislature, was a disgrace and showed complete disrespect to the people who entrusted those members with the responsibility of leading SA towards hope, growth, prosperity, justice and peace.

Anyone hiding behind constitutional rights, the Parliamentary Immunities Act or parliamentary rules to defend this unacceptable behaviour is equally guilty of showing a middle finger to the public.

There is always an option to walk out of the council, provincial legislature and parliament sessions, and legal recourse if an elected representative is not satisfied with the ruling or how the speaker is running the session.

I am not convinced that some of the politicians we have in councils, provincial legislatures and parliament understand the responsibilities entrusted to them.

Nor am I convinced that they have what it takes to amend our constitution and related legislation to ensure that we become a country truly intolerant of thugs.

It is becoming increasingly clear that both SA and foreign criminal syndicates are using our liberal constitution and legislation to their advantage.

If there is one thing they have demonstrated, it is that they are in cahoots with some politicians, prosecutors, lawyers, magistrates, businesspeople and police officers.

Evidence presented to the Madlanga commission has exposed how deeply criminal syndicates and corruption have penetrated law‑enforcement agencies.

The infiltration of these agencies is even more frightening.

It feels as though the country is slowly being surrendered to thugs and that our sovereignty has a price tag.

As things stand, no rational person can disagree that criminals and thugs appear to enjoy more constitutional rights and protection from some NGOs, human rights organisations and even the government than law-abiding citizens.

What is even more concerning is that taxpayers’ money is used to defend suspects involved in some of the most heinous criminal activities, all in the name of constitutional rights.

The continued representation of suspects in court through Legal Aid SA, using public funds, is a slap in the face of victims of crime.

The ongoing lawlessness in our country clearly calls for a new type of elected official at local, provincial and national levels.

It is difficult to understand why we continue to keep executive mayors who cannot perform basic functions such as by‑law enforcement, or why we have members of provincial legislatures and parliament who do not understand that SA is under siege from criminals and thugs.

This crisis cannot be resolved without ensuring that SAPS and the SANDF are adequately resourced, well trained, supported by an overhauled crime‑intelligence capability and strengthened with more boots on the ground.