Strict jail time under Poca
OPEN letter to the National Minister of Police.
On September 7, an article appeared on the front page of the Cape Argus titled “Pleas for more visible policing as Cape gang violence increases”.
In the article, a certain Lieutenant-General Masemola is quoted as having said that “police were looking to outlaw gang activities as they posed a threat to society”.
Now, I happen to be in possession of the minutes of the recent police portfolio committee meeting held in Parliament on August 23.
Masemola, who is the deputy national commissioner for police, was present at that meeting along with several other high ranking generals including Acting national police commissioner Lieutenant-General Mothiba.
During the meeting, General Masemola stated that “there may be a need for more powers in terms of legislation. Being a gang member or belonging to this category of gangs should be an offence and should maybe be looked at in the future”. General Mothiba then also proposed that there should be “legislation which outlawed the formation and membership of a gang as some sentences given to gang members were laughable as they must go to jail for a long time”.
Minister Mbalula, I am completely gobsmacked by these incompetent statements by our top generals. This is embarrassing as they are supposed to be leading their fellow officers and police members on the ground in their daily fight against rampant crime and gangsterism.
Have they not heard of Poca, the Prevention of Organised Crime Act that was passed by Parliament 19 years ago in 1998? Poca was promulgated to, inter alia: “introduce measures to combat organised crime, money laundering and criminal gang activities and to criminalise certain activities associated with gangs”.
Section 9(1) and (2) (Chapter 4) of the Act is more specific in that “any person who actively participates in or is a member of a criminal gang and who incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about, perform or participate in a pattern of criminal gang activity shall be guilty of an offence”.
In addition to the National Prosecuting Authority (NPA), the judges in our courts are clearly aware of Poca as they have already sentenced several convicted persons including Selwyn and Virgil de Vries, Julian van Heerden, Llewellyn Smith, Achmat Mather, Saliem John, Andrew Petersen, Jimmy Kemp, Rodney Matinese, Anthony Bestman, Nicky Kruger, Shamiel Eyssen, Llewellyn Gulpie Williams, George “Geweld” Thomas and his 16 fellow members of the numbers gang (26s, 27s and 28s). Of those convicted, some received life terms and, in the case of Thomas, he received seven life sentences plus 175 years.
Other gangs with their members who were also sentenced include the Young Red Criminals and the Atlantis Fancy Boys.
As you can see minister, some of these people who have been terrorising our communities have been sent to jail for a very long time and their sentences can hardly be described as laughable. It is clear, therefore, that Poca is working and just needs to be implemented by police officials who actually know what they are doing.
Two of the most experienced police generals in the Western Cape on gangs, drugs and firearms were demoted in 2016 in an ongoing spat with other police generals whose tenure in the old police force began prior to democracy in 1994.
I urge you, minister Mbalula to use wisdom when making senior appointments in future as the bulk of the Poca convictions mentioned above were as a result of the good work of demoted generals Jeremy Vearey, Peter Jacobs and the now disbanded Operation Combat team. COLIN ARENDSE Wynberg