False fronts and fear tactics: The modus operandi

It is important to understand how the construction mafias operate in order to understand what kind of solutions would be best for ensuring that these syndicates are dealt with.

Whenever construction companies have a project, such as building a road, shopping complex or any other residential and/or commercial development, they are likely to face interference on the construction site. The question arises: “Who exactly causes these disturbances on the sites? ”. The simple answer is that these disruptions are caused by a group of people posing usually as local business forums and local community interest groups demanding their “piece of the pie” without using the proper channels like stakeholder engagement forums to air grievances and encourage collaboration. Their demands range from employment opportunities to contract opportunities and even demand for cash. These ‘business forums’ are, more often than not, unregistered and it is extremely difficult to track down any ‘members’ acting under the auspices of the said forums or interest groups. Their extortive means are sometimes a guise for accessing work from projects through sub-contractor appointments outside of the framework of the agreed project procurement processes and procurement law prescripts. The use of the socio-economic ill of unemployment in the affected communities results in the unemployed being the convenient tool used in disrupting projects.

The usual approach taken by these mafias is that they approach the site manager/ project manager on the construction site, or anyone in a position of seniority, to channel their demands. The mafias’ extortion strategy relies on recruiting residents who are allegedly part of the affected community. These residents are then used to stage disruptive protests and hinder construction activities, effectively strong-arming the construction companies to adhere to their demands. The construction companies have no alternative in the circumstances but to approach the High Court to interdict any party involved in such unlawful actions. As part of the modus operandi, the use of non-residents of the relevant affected communities has been an effective means of concealing the identity of the perpetrators who cause disruptions. The true effect of this tactic is that the unknown community members complicate the enforcement of any relief sought and granted in the High Court interdict proceedings.

Government’s response to construction mafias

The Government is trying to address the issue through the introduction of certain policies and legislation to curtail mafias in the construction sector. The legislation and policies include the Critical Infrastructure Protection Act 8 of 2019, the National Infrastructure Plan, the Critical Infrastructure Programme and the Infrastructure Built Anti-Corruption Forum.

Breaking the cycle: A community-centric approach

The solution to the construction mafia lies in a multi-pronged approach that addresses the root causes and fosters collaboration. The December 2022 Western Cape Property Development Forum town hall discussions highlighted the crucial role of community engagement.

Inception of project

Construction companies and employers need to prioritise the inclusion of the community in all stages of the project. This can be done by ensuring that there is an appointment of a paid community liaison officer (CLO). This should be a community leader who has influence in the community and their responsibility is to function as a representative of the community, ensuring that the interests of the community are taken into consideration by the construction company and that the interests of the construction company are also, to a certain extent, considered. Construction companies need to ensure that the appointment of the CLO takes place at the inception of the project. This is beneficial for the construction company as they gain the trust and confidence of the community, and the community will be motivated to protect their interests in the project.

Duration of project

Construction companies and employers need to ensure that they include the community throughout the duration of the project. This can include consulting with the CLO to ensure that the local businesspeople and the relevant/affected community members are provided with business/employment opportunities within the project. One of the methods that can be adopted by employers and contractors is subcontracting a reasonable percentage of work to qualified local businesses, fostering economic inclusion and trust within communities. Employment opportunities at the relevant grade and skillset to relevant/affected community members has also been evidenced to curb project disruptions and mitigate any unlawful community protests.

Completion of the project

Communities tend to protect what they believe belongs to the community. Therefore, it is important that construction companies and employers ensure that they incorporate their corporate social investment initiatives in the project’s budget. This would allow communities to see that in protecting the project, they also stand to benefit from it. It is imperative that construction companies ensure that they play a vital role in the community by:

• Developing skills: Investing in programmes that equip local residents with relevant construction skills, creating legitimate employment opportunities that can potentially undermine these opportunistic business forums’ claims and benefit the community even after the completion of the project.
• Tailored procurement policies: Implementing location-specific procurement policies ensuring local communities benefit from construction projects.
• Community upliftment: Implementing school building projects and feeding schemes.

Alternative remedies

In the unfortunate case where construction companies, employers and communities are faced with a threat of disruption caused by the construction mafia, affected parties must continue to seek legal recourse through proper channels, with relief such as interdicts, as these have previously led to arrests and discontinuation of mafia activities.

In order to get the best outcome, we suggest collating the following when legal recourse is sought:

• Any information on the construction project, such as the location of the project, the nature of the project, the timelines of the project as well as any contractors who are involved and authorised to be on site.
• As much information as possible about the perpetrators of the disturbances on the construction sites.
• Evidence of direct threats and extortion attempts, including the times, dates and locations where these threats and attempts take place.
• Any expert information/reports where quantity surveyors inform on any delays on the projects or any inflated cost due to the construction mafia’s disturbances.
• Statements from personnel, including security, about any incident as it occurred, and a fully updated security site incident logbook.
• Any proof of reports made to the South Africa Police Services (SAPS) or case number if a case has been opened, information on the police officials involved in the investigation and any witness statements.
• Creating a channel of authorised project representatives that will deal with any incidents related to cite disturbance and any demands submitted to the CLO or project manager.
• Records of all stakeholder engagement such as with a local ward councillor, municipal officials, SAPS and recognised/authorised community leaders and business foru.

It is important that anyone who is aware of any illegal disturbances that impact construction sites reports these activities to the following contacts:

• Reporting criminal action to your local SAPS station.
• Call the toll-free National Anti-Corruption Hotline on 0800 701 70.
• Contact the Presidential Hotline by dialling 17737 or emailing president@presidency.gov.za.
• Contacting the Special Investigations Unit directly.

Conclusion

It is important to engage stakeholders at the infancy of projects to prevent the construction mafia’s unlawful dealings from negatively impacting construction sites. Engagement with the affected communities through recognised and authorised structures and leaders becomes vital for developing and maintaining infrastructure in affected areas.