People Against Gangsterism and Drugs (Pagad): a Study of Structures, Operations and Initial Government Reactions
PEOPLE AGAINST GANGSTERISM AND DRUGS (PAGAD): A STUDY OF STRUCTURES, OPERATIONS AND INITIAL GOVERNMENT REACTIONS.
Completed by: Anneli Botha (9705790)
Thesis submitted for partial conformation to meet requirements for the degree Magister Artium in Political Studies in the Faculty of Arts and Philosophy at the Rand Afrikaans University.
Study Director: Professor S Booysen
March 1999 PAGAD Mission Statement "PAGAD is a caring people's movement, proceeding from a foundation of truth , unity, justice, fearlessness, with the ultimate aim of eradicating the evil scourge of gangsterism and drugs from society. We propagate this eradiction on the basis of-and in accordance with the divine will of The Creator."
PAGAD's Vision "The People Against Gangsterism and Drugs (PAGAD) has a vision to bring about a just, social order, devoid of the evils of gangsterism and drugs. We will achieve this by raising the consciousness of the people, mass mobilisation and mass action." LIST OF FIGURES
Figure 1: PAGAD National Structure 28 Figure 2: PAGAD Western Cape Structure 31 Figure 3: Comparative Frequencies of Non-violent and Violent Actions: 1996 51 Figure 4: Comparative Analysis: Violent Modus Operandi 1996 52 Figure 5: Daily Comparative Frequencies: Violent Modus Operandi 1996 53 Figure 6: Time Comparative Frequencies: Violent Modus operandi 1996 54 Figure 7: Map of PAGAD Violent Activities: Western Cape 1996 55 Figure 8: Comparative Frequencies of Non-violent and Violent Actions: 1997 58 Figure 9: Time Comparative Frequencies: Violent Modus Operandi 1997 61 Figure 10: Daily Comparative Frequencies: Violent Modus Operandi 1997 62 Figure 11: Comparative Frequencies of Violent Modus Operandi: 1997 65 Figure 12: Map of PAGAD Violent Activities: Western Cape 1997 66 Figure 13: Diagram: PAGAD Modus Operandi 67 Figure 14: Zones of Public Action 72 Figure 15: Zones of Public Action: PAGAD 76 Figure 16: PAGAD Cases Registered 85 LIST OF ABBREVIATIONS
ANC African National Congress APLA African People Liberation Army CORE Community Outreach Forum GIA Armed Islamic Group IBA Independant Broadcast Association ICSA Islamic Council of South Africa IUC Islamic Unity Convention MADAM Multi Agency Delivery Action Mechanism MJC Muslim Judicial Council MYM Muslim Youth Movement NOCOC National Operational Co-ordinating Committee PAC Pan-African Congress PACAD People Against Crime and Drugs PADAV People Against Drugs and Violence PAGAD People Against Gangsterism and Drugs POCOC Provincial Operational Co-ordinating Committee SRCC Salt River Co-ordinating Council Against Drug Abuse WCACF Western Cape Anti-Crime Forum LIST OF CORE PERSONS CITED IN REFERENCE
Allie, G (Dr.). PAGAD Secretariat: Western Cape Boshoff, H.J (Lt-col). National Crime Prevention and Response Service: National Operational Coordinating Committee: South African National Defence Force. Cassiem, Achmad. Leader of Qibla and the Islamic Unity Convention. Clohesy, Christopher (Farther) Ebrahim, Abdurrazak. Amir of PAGAD. Ebrahim, Abdus Salaam. PAGAD National Chief Coordinator Ederies, Nadthmie Former PAGAD Organiser Esack, F. Academic, former lecturer at University of Cape Town (UCT) Gerber, J.C. (Adv.) Deputy Attorney-General : Western Cape Heylinger, Commander of the South African Police Service's Gang Investigation Unit Holtzhausen, W. (Supt). South African Police Service: Liaison Officer: Western Cape Jaffer, F. Former PAGAD Chief Coordinator Khan, F.W. Attorney-General: Western Cape Moosa, Ebrahim Lecturer University of Cape Town (UCT) Morkel, Gerald. MEC for Safety and Security. Parker, Ali Phantom Parker. Former PAGAD Head of Operations Rasool, Ebrahim. Western Cape Health and Social Services MEC Roberts, A. PAGAD National Secretary Sidique, A. (Sheikh). President of the Muslim Judicial Council (MJC) Spannenberg, (Supt). South African Police Service: PAGAD Task Team: Western Cape Sterrenberg, Johan (Senior Superintendent) Police Spokesman Toefy, Aslam. Former PAGAD National Chief Commander Vearey, Jeremy. Commander of Police Intellegence in the Western Cape (PICOC) Viljoen, W.C. Senior State Advocate: Western Cape Wessels, Leon. Western Cape Police Commissioner LIST OF CONTENTS
Introduction 1
Research Methodology 3 2.1 Terminology 4
Historical Background and Emergence of PAGAD 7 3.1 Broad Historical Context 8 3.2 Fight Against Crime as Explanatory Condition 8 3.3 Ideological Context of the Rise of PAGAD 10 3.4 Division in PAGAD: September 1996 14 3.5 Introductive Relationship between Qibla and PAGAD 16 3.5.1 Strategy and Objectives of Qibla 16
Objectives of PAGAD 21
PAGAD's Structure 26 5.1 PAGAD National Executive Committee/PAGAD United 26 5.2 PAGAD Western Cape Structure 29
Modus Operandi 39 6.1 Violent Modus Operandi 39 6.1.1 PAGAD Modus Operandi: 1996 45 6.1.2 PAGAD Modus Operandi: 1997 56 6.2 Intolerance towards Muslim clergy and other opponents 68
PAGAD and the Government 71 7.1 PAGAD and the South African Police Service 80 7.2 Political Perspective on PAGAD 88 7.3 Evaluation of Governmental Reactions 92
Conclusion 94 9. Bibliography 97
ANNEXURE A: PAGAD Memorandum of the Minister of Correctional Services
ANNEXURE B: Interim Constitution of People Against Gangsterism and Drugs
ANNEXURE C: Demand for a Drug and Gangster-free Society: Minister of Justice
ANNEXURE D: PAGAD Western Cape 1996
ANNEXURE E: PAGAD Western Cape 1997
ANNEXURE F: Different Committees and Structures Involved in Managing the
Situation in the Western Cape
ANNEXURE G: Public Statement: 14 November 1996 1 I. INTRODUCTION
Since the establishment of PAGAD in May/June 1996, PAGAD has received extensive media coverage. This has not included in depth coverage of the modus operandi, and its relationship with the South African government. The objective of a case study of the organization PAGAD is to provide academic substance to fragments of media coverage, and to combine this with current research in order to provide an in-depth overview of the organization. There is a need for systematic research. This study is based on a qualitative analysis of information and interviews. It is primarily a case study of PAGAD as a politically driven, anti-crime organization. In this way this study strives to make an academic contribution.
The establishment of People Against Gangsterism and Drugs (PAGAD) in Cape Town and similar structures elsewhere may be assessed against the background of the high rate of crime nationally and the reaction against it. The following distinguishes PAGAD from other anti-crime structures, such as Community Police Forums: It is the initial publicity given to the organization after the death of Rasaad Staggie; its organised vigilantism; its initial anti-cooperation stance; its rejection of Community Police Forums and anti-crime forums; its perception that the government is unwilling and unable to curb criminality; and the insecurity being experienced by ordinary citizens because of the high crime rate.
One of PAGAD's main objectives is to serve as a broad anti-crime front. Under its banner groups, organizations and concerned citizens of diverse ideological, political and religious persuasions and interests express their active support for an anti-crime cause. In June/July 1996 the PAGAD campaign gained an organisational aspect and began promoting itself as PAGAD, with Farouk Jaffer as coordinator, Nathmie Edries as the organizer and Ali "Phantom" Parker as Head of Operations. It also established a military wing (the G-Force) which began with military-style operations against suspected drug dealers and their property. By this time PAGAD's support base had widened to include ordinary community members, the Muslim Judicial Council (MJC) and even one or two individuals representing the Christian faith. The Islamic Unity Convention's (IUC) community radio station, Radio 786, is instrumental in promoting the movement and its objectives within the community.
Differences on how to use PAGAD as an anti-crime initiative and on the use of violence during actions taken against gangsters and drug lords gave way to strife in the Cape Town anti-crime initiative. The strife deepened and ultimately resulted in the formation of two different groups, popularly known as the 2
PAGAD moderate faction and the PAGAD Qibla faction.
The following two research objectives inform the current thesis: As a case study, I plan to focus on the establishment of PAGAD, its objectives and modus operandi. The sections on 'Muslim politics before the formation of PAGAD' and 'The Formation of PAGAD' will focus on this aspect. The aim of this section is to provide greater insight into the dual strategy (modus operandi) that is implemented by PAGAD. PAGAD can be described as an overt mass movement, but also as a covert structure within a structure. The latter has adopted a more hard-line approach, which includes the use of violence. PAGAD as an overt structure is "open" to all South Africans, although it has a clear Islamic character. A supplementary objective is to analyse the possible involvement of Islamic extremist elements in PAGAD. End of 1997 is the cut-off point for this case study.
Secondly, this study focuses on the reactions of the South African Government to the activities of PAGAD. The formation of PAGAD presented a challenge to the South African Government in posing the question as to how far protest and community action ought to be allowed before they become part of the problem in question, namely crime. This question will be addressed using the number of court cases in which PAGAD members up to the end of 1997 have been primary suspects. Within this discussion the focus will also be on what type of organization PAGAD is. Can PAGAD be described as a vigilante group, pressure group or just another gang? The classifications of these type of structures will be discussed, followed by the views of both PAGAD and governmental structures. These and related issues are explored in this dissertation.
The remaining of this study can be divided in three parts: A discussion on the research methodology. This will give an overview of the procedures followed to gather information as well as a discussion of the terminology used throughout this study. The second section focuses on PAGAD itself, its formation, its structure, objectives and modus operandi. The latter will distinguish between the modus operandi of PAGAD in 1996 and in 1997. The objective of this distinction is to indicate any similarities and changes in the modus operandi of PAGAD over this period of time. The third section focuses on initial governmental reactions to PAGAD. The first question asked concerns the classification of PAGAD (as a vigilante group, pressure group or a gang). Government reactions will be evaluated in terms of this classification. 3 2. RESEARCH METHODOLOGY
The establishment of PAGAD is a new phenomenon in South African history. It is therefore not surprising that there is still insufficient literature available on this subject. This study will use publicly available information from the South African Police Service, newspaper coverage, interviews and PAGAD documentation.
This study reports on an elaborate scanning of all print media coverage on PAGAD. It explores PAGAD's organizational formation and sociopolitical operations. Initial interviews with South African Police Service sources brought to light that a PAGAD Task Team was established after the death of Rashaad Staggie, and has since been tasked with all investigations regarding alleged PAGAD incidents. Interviews with members of the said task team revealed that many more incidents occur than those mentioned in the media. In the light of insufficient information in the media, I was dependant on referring to case dockets as supplied by the South African Police Service. It has to be emphasised that all information regarding incidents occurring during the period July 1996 to December 1997 was gathered along this way. Since "Operation Recoil" was launched during October 1997, the Crime Management Information Centre of the South African Police Service situated in the Western Cape is responsible for the evaluation of information gathered by the PAGAD Task Team on alleged PAGAD involvement in incidents of crime and violence. In order to substantiate my academic research I went to the Cape, and during my stay I had interviews with high-ranking officers, personally involved in investigating alleged PAGAD offences. The latter includes Supt Wickus Holtzhausen (South African Police Service Media Liaison Officer in the Western Cape) and Supt D Spannenberg (PAGAD Task Team: Western Cape). During my visit I obtained a list of cases in which PAGAD members were allegedly involved from the PAGAD task team and the Crime Management Information Centre.
Information on the formation of PAGAD, its activities and its relationship with the South African government is well documented in the media. Yet there is a clear gap in terms of systematic, in-depth academic research. This study works towards eliminating this gap, through interviews with Abidah Roberts and Dr Gulam Allie. Actual PAGAD documentation (as provided by Abidah Roberts) was also used.
In order to gain a broader perspective on PAGAD within the community in the Western Cape, I conducted interviews with Sheikh Achmad Sidique (the head of the Muslim Judicial Council (MJC)) in 4
May 1998, Ebrahim Moosa (Islamic Studies at the University of Cape Town), in June 1997 and Farid Esack in March 1997. During this process, I felt it was necessary to include the views of Qibla, in particular those of Aclunad Cassiem (leader of both Qibla and the Islamic Unity Convention (IUC)). His views were relevant from two points of view: First as a member of the community and secondly to get his reaction to the allegations (made by the head of the MJC and members of the South African Police Service (SAPS)), that Qibla is the driving force behind PAGAD. However, repeated attempts to establish contact with Mr Cassiem, or any representative of Qibla or the IUC in order to ascertain their views, were unsuccessful. What became apparent in this process was, firstly that nobody was prepared to talk about Qibla and secondly, the defensive manner in which these individuals reacted to my request for an interview, although I had not even suggested that Qibla was involved in PAGAD.
Based upon information contained in registered cases, I established a framework aimed at distinguishing between violent and non-violent incidents. Violent incidents were then classified under the following heading: Modus operandi (were either explosives or firearms used or were both involved), geographic location, the date and time of incidents. The objective of this classification was to determine tendencies in order to create a case study on PAGAD. I have to emphasise that cases still are sub judice. During the interviews with the South African Police Service the impression was made that all members of PAGAD were involved in cases of violence in the whole Western Cape region as such. On the other hand members of the PAGAD top structure denied involvement. This compelled me to find the truth about the matter.
2.1 TERMINOLOGY
The following definitions will provide a basis for the terms used throughout this study. The aim of this discussion is not to comment in a philosophical manner on these terms, but rather to facilitate understanding when these terms are used throughout the text.
Covert: "Secret or disguised" (Thompson, 1995:310). "Secret or hidden; conducted with secrecy by design" (Carl, 1990:63).
Overt: "Unconcealed or done openly" (Thompson, 1995:976). "Open; done without attempt at concealment" (Carl, 1990:308). 5
Case study: "A detailed description of a person, event, institution, or community designed to create nomothetic knowledge. Any relatively detailed description and analysis of a single person, event, institution or community" (Landman, 1988:53). "The case study comprehensively examines many characteristics of one case, usually over a period of time. The unit examined in the case study may be a person, a group, a culture, or an event. The goal of this research strategy is to gather detailed information about the one case involved" (Lal Goes 1988:62). "Case studies are the preferred strategy when 'how' or 'why' questions are being posed, when the investigator has little control over events, and when the focus is on a contemporary phenomenon within some real-life context" (Yin, 1989:13).
Cell structures: "A small group as a nucleus of political activity, especially of a subversive kind" (Thompson, 1995:210). Greyling (1987:10-11) describes a cell structure as follows: The organization consists of cells of which each consists of four to ten members. This strategy was first initiated by Sergei Gennadovich Nechayev (1847-1882). A cell structure is regarded as the basic unit of a covert organization. It usually consists of a cell leader and cell members. Cells may be organized on a geographic basis or on a functional basis. The cells may be highly centralized, with orders flowing from a high command through the organization. This tends to increase the efficiency of operations. The size of the operational cell also varies according to the phase of development of the organization.
Modus operandi or strategy: "A plan of action to defeat an opponent or to achieve some other goal. 'Strategy' usually refers to a comprehensive or long-range plan involving a series of moves directed toward some overall objective. 'Tactics' by contrast, consist of single moves or limited sequences of steps toward intermediate goals within a larger strategic plan" (Plano & Riggs, 1980:152).
Paramilitary: "Forces organized similarly to military forces, or a member of an unofficial para-military organization" (Thompson, 1995:991).
Pressure group: "A pressure group may be regarded as any group which articulates demands that the political authorities in the political system or sub-system should make an authoritative allocation. ...such groups do not themselves seek to occupy the position of authority" (Richardson, 1993:1).
Popular justice, also referred to as "informal justice", "community justice", "alternative forms of dispute resolution" and "neighbourhood justice" involves various forms of mediation, arbitration, conciliation and reparation. Sachs (1984) described popular justice as: "Justice that is popular in form, in that its language is open and accessible: popular in its functioning, in that its proceedings are based 6 essentially on active community participation; and popular in its substance, in that judges drawn directly from the people give judgement in the interest of the people."
Non- violent: Opposite of violent. This include peaceful marches, mass meetings and gatherings not resulting in violence.
Violent: "The exercise of physical force so as to inflict injury on or damage to persons or property; action or conduct characterized by this" (Onions, 2359). Hereafter, whenever the term violence is used it will include shooting incidents, the use of explosive devices and any other means associated with violence. 7 3. HISTORICAL BACKGROUND AND EMERGENCE OF PAGAD
Any organization or structure over time has a historical background, a reason for existence, and an objective. In this sense PAGAD is no exception. The aim of the following discussion is to place the establishment of PAGAD within a broader historical and ideological context.
This section will be discussed under the following headings: Broad historical context. The objective of this heading is to state clearly that the establishment of PAGAD was not an one time only decision taken by a few disillusioned members of the community in the Western Cape. Indications are that the establishment of anti-crime forums had been present since the 1950s, each with different members, but always with the same purpose and goals. The main objective of this section is to indicate to the reader that the establishment of PAGAD had had a historical development. Fight against crime as explanatory condition. On the basis of the above-mentioned historical development, this section will be focussing on the socio-economical conditions prevailing in the Western Cape, in order to explain the development of so-called popular justice organizations. Ideological context of the rise of People Against Gangsterism and Drugs. The name of the organization already puts it against the background of tenn "popular justice". This section will attempt to put PAGAD in the framework of Muslim politics in the Western Cape. Division in PAGAD. This section will be focussing on the split in PAGAD during September 1996, on the ground of the ideological divisions in the Muslim community in the Western Cape. Although the split in the ranks of PAGAD occurred very early in the existence of the organization, it is very important to take notice of it, as the split was a result of the manifestation of ideological differences. There will be continuous reference to the said split in the cause of this case study as it altered PAGAD's objectives as well as its modus operandi. Relationship between PAGAD and Qibla and the strategy and objectives of Qibla. The objective of this section is to look into Qibla as such and to study Qibla's alleged role in the actions of PAGAD.
Discussion on the aforementioned should not be seen as isolated from each other, but that it should be interpreted as a totality. 8
301 BROAD HISTORICAL CONTEXT
Islamic upsurge in South Africa began in the 1950s. It was first formulated by teachers and professionals in the Western Cape. It derived its religious inspiration from modern movements in Pakistan and Egypt, and its South African political dimension from the variety of local political movements and trends (Tayob, 1996:32). In December 1970 the Muslim Youth Movement of South Africa (MYM) was established. The Iranian revolution in 1979 led to the formation of the Qibla Mass Movement (an anti- apartheid movement inspired by the Islamic revolution in Iran) (Galant & Gamieldien, 1996:9).
The involvement of ordinary citizens in anti-crime structures began with the Salt River Co-ordinating Council against drug abuse (SRCC). The assumption that PAGAD was the first anti-crime structure or that it was a sudden reactive movement to crime is part of a misperception. Cape Town's first mass anti- drug march took place in April 1990 under the leadership of the SRCC. It also spawned similar community-based anti-drug initiatives in the Bo-Kaap, Wynberg, Surrey Estate and elsewhere on the Cape Flats.' PAGAD's emergence six years later was in all respects new and did not have any organic link with the earlier movements (Omar, 1996:49) with respect to individuals involved and strategy used. Neverless organizations such as Qibla and other Muslim organizations played a significant role in the establishment of PAGAD.
3.2 FIGHT AGAINST CRIME AS EXPLANATORY CONDITION
Although drug-peddling and drug-abuse, gang violence and high levels of violent crimes are found throughout South Africa, the situation in the Western Cape is unique in the sense that gangster subcultures have proliferated throughout the prison system to affect the entire region. The current situation in the Western Cape features an increase in drug abuse and peddling in suburbs inhabited mainly by so-called Coloureds, particularly in more middle class suburbs. There has also been an inter- gang violence among the working class. However, middle-class consumer markets and gangster activities are connected and overlap. Bigger drug-lords are also the gang bosses. Petty crimes are often the result of indebtedness or the result of having to procure substances (Jeppie, 1996:14-15).
Another prominent anti-crime initiative in the Western Cape is the Western Cape Anti-Crime Forum (WCACF). According to this structure PAGAD's intransigence could lead to further conflict in the province: "PAGAD should try to work with the authorities and other community-based initiatives. You can't fight crime by disregarding the law. You can only win the battle against crime by organising and developing communities (The Mail & Guardian, 6 December 1996). 9
According to Heyliger (the commander of the South African Police Service's Gang Investigation Unit), as quoted in the South African Survey 1996/97, there were at that time between 35 000 and 80 000 active gang members in the Cape, belonging to 137 gangs (Friedman, 1998:10). The following socio-economic factors, according to Chris Ferndale (founding chairperson of the Western Cape Anti-crime Forum) contributed to this situation: "A high population density with no social infrastructure, poor educational standards and facilities, and unemployment - which in certain areas is anything between 40 and 60%" (Van Zilla, 1998:12).
Seen in this light it can be concluded that former initiatives from the community in the Western Cape (as discussed in the previous section) led to the launching of PAGAD. Crime as discussed in the previous paragraph was one of the main causes of the launching of PAGAD, although the following causes contributed to popular justice, including PAGAD: A reaffirmation ofthe superiority of traditional values and their potential for establishing order within the community. A crisis of legality, due to an over-use of the law as a steering mechanism for the wider sosio-economic crisis. A crisis of management, expressed through the over-extension of law and through the overloading of courts. The crisis of overloading also fuelled the crisis of legitimation and effectiveness (Matthews, 1988:4-21). With regard to the situation on the Cape Flats it was established that both the police and courts received negative evaluation, especially among those people who had had personal contact with the police and courts (especially if it arose from being victimised by crime) (Africa, Christie, Mattes, Roefs & Taylor, 1998:2). The question of the legitimacy of formal legal procedures was asked in response to a perception in the community that the legal system was a class-based agency, serving the rich and oppressing the poor. The lack of equality before the law, the restricted access to legal forums and representation, and the predominance of an adversarial system of adjudication producing either 'winners' or 'losers' appeared unreasonable and inappropriate (Matthews, 1988:4-21). In a study done by IDASA on the communities perception of PAGAD it was established that people on the Cape Flats exhibited weak support for the rule of law and the extension of procedural rights to those accused of crimes (Africa, Christie, Mattes, Roefs & Taylor, 1998:2). Growing inadequacy of the legal process is experienced, based upon the continued growth of crime, the inconsistency of sentencing patterns, and the alienation of the 10
offender and the victim. Courts are also regarded as being too remote from the interests of the general public. The repeated claims concerning the 'independence of the judiciary' really mean an independence from public concerns and community accountability. Formal legality appears to be slow and cumbersome, built upon antiquated and incomprehensive procedures, in which law enforcement appears to be inconsistent and unable to provide substantive justice. ix) Diverse communities which include individuals from different religious backgrounds (especially Muslims, Christians and Jews) led to these communities preferring to be legally liable for their own legal systems. The return to their roots may be due to a breakdown in social relations and deteriorating socio-economic conditions (Matthews, 1988:4-21).
Johnston (1996:234) identified two main reasons for popular justice: The crime perpetrated in the community gives rise to a strong sense of vulnerability among members of the community. The local structure of the community encourages the involvement of the community, especially in socially and ethnically homogeneous communities that facilitate communication and trust between participants and which encourage identification with the victim.
The above-mentioned causes could be regarded as reasons for the establishment of PAGAD. In the case of the Western Cape homogeneous community exists with Muslims being the greater part of the population. The Muslim community is of opinion that they had always been left behind and that gave rise to the feeling that as nobody else would take care of them they would do it themselves.
3.3 IDEOLOGICAL CONTEXT OF THE RISE OF PAGAD
The establishment of PAGAD was not the first indication in the Western Cape that the Muslim community was frustrated with the high levels of crime. According to Holtzhausen (interview, May 1998) intense frustration with drug peddling and gangsterism was already evident in 1995. During this period Neighbourhood Watches based in Surrey Estate and Athlone were engaged in separate acts of vigilantism against drug lords and gangsters, as well as engaging in a semi cooperative relationship with the South African Police Service. During a protest march in November 1995 by members of the Surrey 11
Estate Neighbourhood Watch against the availability of drugs in the community, two well-known drug dealers, Rashaad Staggie (since deceased) and Mark Abrahams were confronted and Staggie was wounded. After the incident, a meeting was held between the local police and community leaders, during which the Neighbourhood Watch members stated that Staggie and all other drug lords would continuously be targeted.
Out of this situation PAGAD was launched in November 1995 in the Western Cape. Although the situation (crime) was ideal for the launching of PAGAD, Muslims in the Cape were more inclined to engage in activism. The reason for this was their history as political prisoners and their working class origins. (Financial Mail, 16 August 1996:48). However, with the onset of a democratic government, the then existing structures campaigning for political and civil rights of communities (in the hegemonic battle against the apartheid regime) disappeared (Manjra, 1996:10). According to Moosa (19 August 1996): "The anti-apartheid struggle taught us to create 'alternative' structures of every hue to change conditions ourselves." Although the Coloured Muslim community in the Western Cape had always been involved in politics Ebrahim Moosa (interview, June 19, 1997) distinguished between two streams of "political Islam" in South Africa: The first is an exclusively Muslim struggle representing an uncompromising resistance to and confrontation with Western hegemony and its agents. The second represents a more moderate approach to the dangers of Western hegemony. In this vision Islamic values are to be shared with the community of nations. This approach can, however, only flourish within a multiparty political dispensation that recognizes, upholds and protects social and religious diversity. According to Moosa the latter version represents the dominant Islam faction in South Africa.
In order to substantiate the different ideological perspectives in PAGAD (Esack, interview, 27 March 1997), the following groupings formed part of PAGAD until the split of PAGAD in September 1996: Populist moderates that included Nadthmie Edries and Farouk Jaffer. Islamic political extremists symbolised by the involvement of Qibla. Populist militants with reference to the involvement of some G-Force members and Concerned citizens, in particular the larger Muslim community.
Sidique (interview, May 1998) was of the opinion that ideologically PAGAD's establishment in 1995 was directly linked to Qibla's inability to develop into a mass-based organization for the promotion of 12
militant Islamic extremism2. Mr Achmed Cassiem's (the Amir of Qibla and the chairperson ofthe Islamic Unity Convention - IUC) outspoken opposition to the ANC government contributed to Qibla's persistent denial of any ties with PAGAD. There are those in the Muslim community who believe that PAGAD is fully under the control of Qibla, although Qibla and the IUC have publicly distanced themselves from PAGAD (for example Achmat Sidique, director of the Muslim Judicial Council). "Whatever Cassiem's involvement with PAGAD, he remains - as the South African originator of a radical agenda based upon a revolutionary reading of the Qur'an - the movement's ideological father (Gevisser, 1996:13)". Qur'anic verses of struggle and slogans, first introduced by the Muslim Youth Movement (MYM) from Egypt and Pakistan, were quoted at the end of PAGAD meetings. At the end of each PAGAD meeting the Qur'anic verse appealing for unity: "Hold on fast to the rope of God and be not divided" (3:103) was recited. Unity, togetherness and standing up for truth and justice was the drive behind PAGAD meetings. Although PAGAD has regarded itself as a broad inter-religious movement, it (PAGAD) has committed itself to the Shari'ah as a broad ethical code. The extent to which PAGAD was willing to commit itself to the Shari'ah was exposed by its ambivalence to commit itself to be the guardians of Islamic law in South Africa (Tayob, 1996:34-35).
Moosa asserted that while PAGAD's claimed mutation into a vanguard for an Iranian-style Muslim state in South Africa had been a victory for Islamic revolutionaries, their fundamentalism was bound to alienate the more tolerant Muslim majority in the country. "PAGAD has become a jackpot for Qibla, which for the first time in its history, has been able to grab an important historic moment to its advantage, launch a sustained challenge to the state and massively raise international consciousness about crime and violence in South Africa (The Citizen, 15 November 1996)."
In an article in The Sunday Tribune (Younghusband, 17 November 1996) the following suggestion was made: "PAGAD's original founders were used by Qibla only to establish community credibility. Qibla deliberately chose men with low political profiles and strong community ties to launch PAGAD. Once the organization was up and running under its anti-drugs and gangsters banner and was seen to be enjoying substantial community support, Qibla integrated itself into the movement, deposing PAGAD's pioneers."
2 Suspicions of alleged Qibla involvement in PAGAD were confirmed with a IUC initiated protest march in collaboration with the Surrey Estate and Athlone Neighbourhood Watches in March 1996 to the residence of Minister Dullah Omar. On 11 May 1996, members of the IUC, together with members of the Neighbourhood Watches marched under the auspices of PAGAD to Parliament in a protest march against the availability of drugs in the community. 13
Above-mentioned accusations against Qibla's alleged involvement in PAGAD contributed to a split in PAGAD's ranks. Academics in the Western Cape and high-ranking Muslims started asking questions. The mentioned split will be discussed in the next section. 14
3A DIVISION IN PAGAD: SEPTEMBER 1996
As mentioned in the previous discussion the following groupings formed part of PAGAD until the split of PAGAD in September 1996: Populist moderates that included Nadthmie Edries and Farouk Jaffer, the Islamic political extremists symbolised by the involvement of Qibla, populist militants (G-Force members) and concerned citizens, in particular the larger Muslim community.
During September 1996 PAGAD had been split by an apparent power struggle between Nadthmie Edries, Farouk Jaffer and Ali "Phantom" Parker (the populist moderates) and the Qibla faction. The division or split in PAGAD came about when PAGAD members began to question the idea that the fight against drugs deserved to be called a "jihad". According to Jaffer this faction (the original PAGAD) had another vision "through planning and constructive action such as the building of rehabilitation centres". PAGAD had planned to do something about the drug and crime problem in the Western Cape (Jaffer, presentation, 1997). According to Sidique (interview, May 1998) involved in negotiations between these two factions "Parker, Jaffer and Edries came out strongly against elements within PAGAD who they said were not interested in dealing with the authorities in the fight against crime. They claimed Qibla had an anti-state rather than an anti-crime agenda." The final break between these two factions came when Ali "Phantom" Parker claimed on 20 September 1996 that Qibla was in control of PAGAD. In this statement Parker made the following allegations against PAGAD: Qibla members within PAGAD were trying to assassinate him. Qibla was responsible for hijacking the PAGAD movement as they had a "hidden agenda". Qibla members blackmailed and extorted businessmen in order to raise funds. Qibla was trying to overthrow the government. Qibla members encouraged people to burn down mosques in order to "gain momentum for the cause".
These statements led to the suspension of Mr All "Phantom" Parker, Mr Farouk Jaffer and Mr Nadthmie Ederies from PAGAD, and the so-called split in September 1996. Although the full extent of the involvement of Qibla in PAGAD's formation may never be known, it appears certain that Qibla is a factor within the ranks of PAGAD.
After the split in September 1996 the following statements emerged from mass meetings. Before the split in PAGAD in September 1996 Achmad Cassiem and Qibla members almost never made public statements": Since September 1996 (after the split in PAGAD) Achmad Cassiem began to attend and 15 participate in PAGAD mass meetings. The reason for this involvement could be firstly as him being a member of the community in the Western Cape, however it could also indicate that Qibla was involved in PAGAD structures. During a meeting commemorating the death of Imam Haroon on September 27, 1996, Achmad Cassiem characterised South Africa as a country where "... streets are filled with prostitutes, murderers walk free and crime is on the rampage" and added that as a solution "We need to see that South Africa becomes an Islamic state." Similar statements were made by Abdurrazaq Ebrahim at the Al Quds Mosque (12 December 1996), when he said that the revolution was about to start and that PAGAD would liberate the oppressed of the country. Mr Achmad Cassiem appealed to PAGAD supporters at a rally held at Vygieskraal stadium, Athlone (12 January 1997), to support the "struggles" of their "brothers" in the rest of Africa, and in particular Algeria. He referred to the campaign of urban terrorism of the Armed Islamic Group (GIA) with the objective to establish an Islamic state in Algeria. During a PAGAD march to Parliament, Abdurrazaq Ebrahim stated (Video material, 18 January 1997) that "... the government poses a definite danger to our community and the police are nothing but legal gangsters in uniform who are protecting the rights of illegal merchants in Parliament." Abdurrazaq Ebrahim equated the present circumstances in which PAGAD finds itself in relation to the government as "... the same scenario found in Bosnia, Algeria, Egypt, and all over the world where governments are discriminating against Muslims."
After careful evaluation of statements made in public (without referring to all) the conclusion is made that the character of PAGAD's political rhetoric differs from pre-September 1996 political rhetoric, which was essentially reformist in its objectives of forcing the State to improve its ability to deal with crime. In the post-September 1996 period the emphasis shifted from the State's inability to deal with crime to the necessity of establishing of an Islamic state by way of revolution. PAGAD still attracts supporters for mainly two reasons: PAGAD's ability to focus international attention on the escalating crime situation in South Africa, which in turn has highlighted the ANC government's inability to deal with the situation. South African Muslims are among the most religious in the world, and most are prepared to die for their beliefs and faith. Although moderate and progressive Muslim organisations such as the Call of Islam and the Muslim Youth Movement still play an important role in the wider Muslim community in South Africa, their influence appears to be on the wane due to a variety of reasons, the most important of which being a lick of funding and the inability to develop a theology of reconstruction after liberation (Moosa, interview, 19 June 1997). 16 305 INTRODUCTIVE RELATIONSHIP BETWEEN QIBLA AND PAGAD
The aim of this brief discussion is to provide an introduction to the strategy and objectives of Qibla, based on the little that is known about this organization. The latter part of the discussion will focus on Qibla's links with PAGAD as perceived by first, members of the Muslim community (MJC) and second, members of the South African Police Service involved in investigating alleged PAGAD-related crimes.
In September 1996 tension between the key groups of which PAGAD constitute developed into factional polarisation which separated the Qibla Islamic political extremists from the moderate and militant populists. This polarisation was of such nature that the moderate and militant populist groups issued public statements to the effect that PAGAD had severed all ties with Qibla. The statements made by the PAGAD leadership, on one day, that they were "willing to die" for the "One Solution, Islamic Revolution" and on the following, that they were "sensible, ordinary people who are fed up with drugs" who dismiss the idea of an Islamic state as "laughable" were and are misleading. According to Esack (1996:26) "... this reflects the tension between a leadership position being exercised from a safe distance, and the ostensible one which is exposed to the public and, incidentally, one which has not had a historical or ideological relationship with Qibla." Although the PAGAD leader is called "Amir" (Arabic for leader) the followers of PAGAD do not display the ideological coherence which is characteristic of Qibla. On the other hand, PAGAD's core leadership are individuals who have a long-standing commitment to Qibla and who play an active role in the Islamic Unity Convention (IUC) (Esack, 1996:26), a known Qibla initiative.
3.5.1 STRATEGY AND OBJECTIVES OF QIBLA
Qibla emerged in South Africa in the 1980s as a militant pro-Shi'ite fundamentalist force, inspired by the Iranian Revolution in 1979. Qibla was created with the specific intention to promote the Iranian revolution and to propagate, defend and implement the strict Islamic principles associated with the revolution among Muslims in South Africa and to transform South Africa into a fully fledged Muslim 17 state (theocracy), under the slogan "One Solution, Islamic Revolution" (Jeenah, 1996:9). 3 The vast majority of Qibla supporters are attracted to the model of a single Khomeini-like charismatic figure, embodied by Mr Achmed Cassiem (the leader of both Qibla and the Islamic Unity Convention), who is being referred to as "Imam". The "misuse" of religious titles is a known strategy used by fundamentalist and revolutionary thinkers within Islam to legitimate one's own or the organization's actions within theocratic terms (Esack, 1996:9).
During the 1980s Qibla simultaneously supported Black Consciousness, in particular Pan Africanism, and the notion of an Islamic revolution for South Africa. Qibla's political philosophy reflects a complex fusion of militant Pan-Islamist and radical Pan-Africanist socialism bound together by the non-racial principles of Islam and the belief that the future of Africa lies in a mixture of Pan-Islamic-Pan-African unity (Gevisser, 1996:13). Qibla had a very good relationship with the PAC. The rise of Islamic fundamentalism in the Western Cape strengthened the PAC politically. The connection between Qibla and the PAC was based on the fact that Qibla adherents believed that during the 1960s, a group of PAC members in Guguletu and Langa converted to Islam through the influence of Imam Haroun (a Muslim priest killed by the security forces in 1969 and martyr). Based upon this, an agreement was reached in November 1985, binding Qibla to support PAC insurgents inside South Africa in return for PAC- sponsored military training (Lodge & Nasson, 1991:197). The PAC has ties with extremist leaders and groups in Libya who were instrumental in arranging military training for Qibla members in several Islamic countries, including Libya, Iran and the Sudan (Lodge & Nasson, 1991:196-197).
Since the 1990s Qibla has continued to have close relations with militants in the PAC and AZAPO. In order to broaden its support base under local Muslims Qibla was alleged to have initiated three projects: i) Qibla played a key role in the formation of the Western Cape based Islamic Unity Convention (IUC), which was formed in March 1994 to serve as an umbrella organization for more than 250 Muslim organizations. Since Mr Achmad Cassiem had been elected chairman ofthe IUC in 1995 the IUC has become, for all intents and purposes, a front for Qibla (Sidique, interview May 1998 & Moosa, interview, June 1997), or "the umbrella Islamic Unity Convention, Qibla's parent body" (The Mercury, 18 March 1996:1). According to the intelligence community in a briefing
3 Cassiem steered Qibla towards the adoption of international Islamism (Tayob, 1996:33). According to Mr Achmad Cassiem no secular state can be legitimate, thus according to his convictions the current government is as illegitimate as the past one Gevisser (1996:13).
4 The phenomenon of the charismatic and supreme leader is synonymous to Shi'ah Islam (Esack, 1996:25). 18
to Cabinet (15 August 1996) the IUC had Qibla members in key positions including the national chainnan, treasurer and the assistant public relations officer (Qwelane, 1997:48). The role of the IUC is to promote Islamic unity in South Africa as a prerequisite for an Islamic revolution and the establishment of a full-blown revolutionary Islamic republic: "... he (Achmad Cassiem) has spent his adult life advocating two objectives: unity in the ummah (community) around his vision of non-negotiable justice, and - consequently - the rise of the "oppressed masses" of South Africa into Islamic revolution" (Gevisser, 1996:13). Qibla has been the driving force behind the formation and militancy of PAGAD. It is being argued that Qibla's militant engagement with less ideological allies in the IUC, and the fact that its radio station, Radio 786 is compelled to meet IBA guidelines, have led to some of its more militant elements to have been moving sideways without formally breaking away - those elements form the core of PAGAD (Financial Mail, 16 August 1996:48). The Islamic Unity Convention (IUC) is in control of Radio 786, and through this medium Qibla is popularising its message and mobilizes Muslims for its causes. Qibla's militant elements form the core of PAGAD. Qibla, PAGAD and Radio 786 remain under the ideological guidance of Achmad Cassiem (Esack, 1996:10).
The influence of Qibla in PAGAD was confirmed when PAGAD formed an alliance with the PAC in 1996. Allegedly, the reason for this alliance could be found in the relationship Qibla had had with APLA and the PAC in the period of the armed struggle against apartheid. "Qibla has strong relations with PAGAD, among them the fact that the two bodies share a number of their top leaders (Briimmer, 1997:8).
Esack (interview, March 1997) made the statement that Qibla members were supporters of an Islamic Jihad, and would capitalise on issues such as the high crime rate in the country, and the government's apparent inability to deal with it, as legitimate reasons for its militant actions in support of Islamic laws and values. As mentioned earlier, Qibla looked to Iran for spiritual guidance. Based upon this, Qibla's revolutionary model presupposed that a future Islamic state in South Africa could only come about through an Islamic Jihad, justified by the following convictions, according to Mr Achmad Cassiem: "The revolutionary spirit of Islam demands that we fight until the tyranny is wiped from the face of the earth" This is substantiated by the Quran 27:39: "To those against whom war is made, permission is given (to fight), because They are wronged; - and verily, Allah is Most Powerful for their aid (Cassiem, 1992:65)." "Islam minus Jihad means Islam minus Islam. Jihad means to enjoin what is good and 19
to forbid what is wrong with all the power at our disposal. Thus, Jihad is standing up with all the power at our disposal against all forms of oppression, exploitation and injustice. It is an effort, an exertion, a striving for truth and justice. Jihad is an effort, an exertion to the utmost, a striving for truth and justice. The purpose of Jihad is to stop, remove, destroy and eradicate injustice ... Jihad is therefore ceaseless, continuous, super- conscious and effective struggle for justice (Cassiem, 1992:66-67)." Under the heading: "Every Jihad must culminate in Revolution" the following is said: "Any social order which does not rotate on the axis of justice is not fit for survival. The minimum demand of the oppressed under the guidance of Islamic ideology is for a just social order. Anything less than a just social order is betrayal, is treason to the oppressed people and their glorious martyrs. The essence of Jihad (revolutionary struggle) is sacrifice. And this is necessary because a revolutionary is not merely an exponent of revolutionary rhetoric but one who attacks what is oppressive and exploitative in order to destroy and eradicate it. No revolutionary worthy of the name is therefore threatened and blackmailed - not even with death." This statement is substantiated from the Quran 2:193 : "And fight them on until there is no more tumult and oppression. And there prevail justice and faith in Allah; but if they cease, let there be no hostility except to those who practice oppression (Cassiem, 1992:68)."
Based upon this ideological framework of Qibla, in particular that of Mr Achmad Cassiem (the leader or Amir of Qibla and the IUC) the post-September 1996 period has seen the influence of Qibla in the political rhetoric of PAGAD. A reason for this, according to Holtzhausen (interview, May 1998) is that Qibla has systematically (since the formation of PAGAD) begun to get involved in the organization to such an extent that most of PAGAD's top structure are members of Qibla. These allegations were substantiated by Sidique (interview, May 1998). The following Qibla teachings and slogans form the underlying principle of PAGAD's rhetoric (as used by the more militant faction within PAGAD before the split in September 1996: Qibla slogan: "One solution, Islamic revolution"; Achmad Cassiem: "The revolutionary spirit of Islam demands that we fight until the tyranny is wiped from the face of the earth" and "a revolutionary is not merely an exponent of revolutionary rhetoric, but one who attacks what is oppressive and exploitative in order to destroy and eradicate it." Qibla teaching: "Allah is our goal, and the prophets our example, the Quran our constitution and jihad our means, and dying in the path of Allah is the highest of our 20
aspirations."'
In conclusion to this discussion the involvement of Qibla in PAGAD could be summarised in the following statements:
According to Holtzhausen, Qibla forms the basis of PAGAD and that is reflected in their military type of background (interview, May 1998). According to Sheikh Achmat Sidique (leader of the MJC), the leadership of PAGAD, those who make the real decisions are all members of Qibla or, as they would say, the IUC. The reason why Qibla is using PAGAD and other organizations is to build support by involving its members. When one looks at the leadership hierarchy of PAGAD and other organizations (for example the IUC) the same individuals always feature as being, Qibla supporters. The reason for this is that Qibla developed a name for themselves over the years: "They have been labelled as a militant group. But their strategies and methodology could be found in that of PAGAD"(interview, May 1998).
Although the above-mentioned statements describe the sentiment ofthe South African Police Service and the Muslim Judicial Council, the direct involvement of Qibla in PAGAD structures and strategy is not clear. This issue should be regarded as an open question. What it all comes down to is the opinion of one side (the South African Police Service, the MJC and former PAGAD members) against the word of PAGAD members who deny direct involvement of Qibla in PAGAD.
5 Qibla's slogan compares well with that of Hamas Covenant. Sections 8 and 9 of the Covenant of Hamas state clearly that "death for the sake of Allah" is its credo, Jihad its path and the Qu'aran its constitution (Coetzer, 1996:17). 21 4. OBJECTIVES OF PAGAD
The reasons for popular justice was discussed in the previous section. Although PAGAD regards itself as unique there are clear resemblances: The high crime rate, moral decline and inadequate legal system PAGAD's objectives will be discussed in detail in the following section with reference to PAGAD documentation and statements made by senior members of PAGAD.
The objectives of PAGAD can be best described in their own words, as contained in the memorandum delivered to the Minister of Correctional Services on 28 September 1996 (Annexure A): "One ofthe most important functions of government is to see to the safety of all its citizens and non-citizens. Unfortunately, this is not the case.... We, The People Against Gangsterism and Drugs, have embarked on this mass demonstration to: Inform the people of South Africa of the escalation of drug addiction and gangsterism. Make the people of South Africa aware that something is being done about the cancerous growths of drug addicts and gangsterism. Alert the government that urgent and drastic steps must be taken to curb, stop and eradicate the upsurge of gangsterism and drug addiction. Galvanize the entire population to be prepared to take alternative steps if the situation does not improve in the near future. Inform the entire population of the extent of corruption within the Police and Judiciary."
Further to the objectives as put to Parliament, the following aims and objectives had been approved by the national body during March 1997: "To propagate the eradication of drugs and gangsterism from society, in accordance with the divine will of The Creator." "To co-operate with and to co-ordinate the activities of people and people's organizations, having similar aims and objectives." "To make every effort to invite/motivate/activate and to include those people and peoples' organisations who are not yet part of PAGAD." "To raise funds for the afore going aims." "PAGAD is a non-profit-making movement. Its assets, income and donations shall be used to carry out the aims and objectives of PAGAD" (PAGAD Documentation, 1998:1). 22
PAGAD's primarily overt function is that of an anti-crime structure (vigilantism). PAGAD concentrates on the following four factors: i) Initiatives to combat crime. PAGAD argues that its actions are a natural response of citizens feeling the brunt ofthe failure ofthe state to protect them, a fundamental right in any society and upon which a state's legitimacy depends. According to Father Clohessy (1996:78), one of the founding members of PAGAD, their frustration was based on the fact that the community realised that "a non-confrontational approach to this particular problem (activities of gangsters and drug dealers) is no longer a viable route - and that those who are empowered by law to confront these social evils are simply not able to function in a way that bears real fruit. There is no doubt, therefore, that PAGAD arose with an agenda that included both confrontation and force. In itself, force can be classified as extreme pressure, and is not necessarily violent." Initially PAGAD had a two-pronged strategy: Confrontation directed against government incompetency - if the government is not fulfilling the mandate of the people and is unwilling to be challenged or criticised, then people do have a moral right and obligation to defend their own lives and their property (Allie, interview, May 1998). Confrontation against those who perpetrate crime. PAGAD leadership realised that as pressure on the government was insufficient, the situation in the Western Cape should have been dealt with by themselves. A step in this direction was taken when PAGAD began to visit drug dealers and gang lords. During these visits, PAGAD members issued ultimatums to drug dealers and gangsters to stop their illegal activities or to face the consequences. In interviews with PAGAD members (Allie & Roberts, interview, May 1998), these individuals were not prepared to give a direct answer on which way the community would deal with drug dealers and gangsters if they did not comply to this ultimatum. The death of Rashaad Staggie could be described as one of the first public manifestations of PAGAD's strategy in issuing ultimatums. In this incident actions turned violent. Although PAGAD's strategy will be discussed in the following section, Spannenberg (interview, May 1998) revealed that in most cases drug dealers and gangsters were attacked by small groups between 22:00 and 03:00 after they had been visited by PAGAD. During those visits, these alleged drug dealers and gangsters received ultimatums from PAGAD to stop their activities or to face the consequences. The latter manifested in violent attacks in the form of shooting incidents, pipe bomb- petrol bomb, and hand grenade attacks. 23
Dissatisfaction with the way government deals with crime, with special reference to gangsterism and drug trafficking. According to Mr Aslam Toefy (PAGAD's Commander-in- Chief), PAGAD is a pressure group and will continue to put pressure on the authorities to rid the country and its people of gangsters and drugs. On the protest march to the Cape Town International Airport on Sunday 15 December 1996 (which turned out to be the bloodiest since the killing of Rashaad Staggie) Toefy said it had been organised because PAGAD wanted to put pressure on the authorities to step up security checks to prevent drugs from entering the country: "PAGAD is a pressure group and will continue to apply pressure to rid this country of gangsters and drugs." He also accused the authorities of being swift in their action against PAGAD, but at the same time doing very little to arrest the drug lords and to deal with the high crime rate in the country. PAGAD also alleged that elements within the police may be accomplices in crime and corruption (Cape Town International Airport, video, December 1996).
Issuing of ultimatums and mobilization. Initial phase : ultimatum (peaceful protest) PAGAD was launched in the early part of 1996 as an initiative of Muslim groupings to address the crime situation in the Western Cape. According to Farouk Jaffer, PAGAD's chief coordinator, PAGAD had its origins in October 1995. PAGAD came into the public eye early in 1996 when it petitioned the government and the police to take action against gangs that had targeted Muslim youths for drug sales (Jaffer, presentation, February 1997). PAGAD's actions also comprise pro- active offensive actions, including the attack on the residence of the Minister of Justice, Mr Dullar Omar in March 1996. A group of armed Muslims stormed the Minister's official residence in Cape Town (on 25 June 1996). The group subsequently delivered an ultimatum to the Minister in which he was given 60 days to deal with the deteriorating crime situation in the country, or face the consequences.
The programmes initiated by PAGAD revolved around directional campaigns in the form of "ultimatum marches". PAGAD would hold a meeting to discuss the problems of gangs and drugs. At this general meeting community members were called upon to identify known gang leaders in the community. The group would then organize a march against one of those gang leaders to deliver a 24-hour ultimatum.' The ultimatum demanded that all illegal activities by that particular person were to stop or that he/she would face the consequences. According to
6 During these ultimatum marches PAGAD members gave drug dealers and gangsters the following ultimatum: 'We are giving you 24 hours to clean up your act, or we will come back for you." Posters emphasise the seriousness of their threats: "al the Merchent. One bullet, one pedlar ." (Video material, South African Police Service Video Unit). 24
official figures (the police in the Western Cape), PAGAD had conducted 54 protest marches between August 4 and December 26, 1996. Later on, fewer protest marches were held and PAGAD's actions (that of a smaller group or groups within PAGAD) became more violent (Spannenberg, interview, May 1998). iv) According to PAGAD they have theocentric justification for actions against drug lords and gangsters. With the death of Rashaad Staggie, members of PAGAD were quoted as saying that they were prepared to die for their cause - to rid the Cape of its notorious gangsters. The name of Allah was often invoked. They were quoted as saying that they were in the throes of a jihad. According to Mohammed Ali Parker (after the death of Staggie on possible retaliatory attacks): "It is going into a jihad now. All the signs are there. Each soldier of Allah is equal to 5 000 gangsters. We are clean, God-loving people, and we are not afraid to die" (Video material, South African Police Serive Video Unit). For example, Aslam Toefy made the statement that Allah had told them to fight this war against drugs. Although Muslims make up 1,3% of the South African population, they respond with the Qur'anic text "How many a time had a small force not vanquished a large force with the permission of God, and "there will arise amongst you a band of people who will stand for what is right and oppose what is wrong ...."
According to PAGAD leaders, criminals and drug lords cannot fight the masses. Thus, PAGAD will continue to mobilize the communities against drug lords and gangsters (Allie, interview, May 1998). According to Mr Aslam Toefy PAGAD is planning to become a national pressure group, and to co- ordinate its actions on a national basis, by using its regional headquarters in Johannesburg, Pretoria, Port Elizabeth and Kimberley. Cape Town would be the "Headquarters". On Wednesdays and Saturdays these structures would march to the residences of alleged drug-dealers (Roberts, interview, May 1998) 7.
The chief commander of PAGAD, Mr Aslam Toefy, announced that PAGAD would adopt a new approach that would not include conflict with the authorities, without abandoning its crusade (Mgxashe, 1996). Toefy said that in future the bearing of firearms by members would not be allowed, and the use of disguiks would be discouraged as it opened the way for agents provocateur and "bad elements" to infiltrate the organization's ranks. "While it (PAGAD) would remain a pressure group, PAGAD wished to change the public's perception that it was a confrontational rabble rouser." Toefy insisted that marches to the iftiuses of drug lords (overt marches) would continue, but that they would remain within the ambit
7 Also see Eybers (10 December 1996). 25 of the law and only with the presence of the police who would be required to provide safety and security to PAGAD members (Ensor, 1996).
In an interview with two PAGAD representatives, Allie and Roberts (Interview, May 1998), Dr Allie gave the following answer, when asked whether PAGAD was a vigilante or pressure group: "PAGAD could be regarded as both a pressure group (putting pressure on the government and the police during marches and meetings to apply to its {PAGAD's} demands) and as a vigilante group. My understanding of a vigilante group, is a person who reacts to a situation, and whose legitimate right it is to react to a situation because nobody else wants to. The latter is based upon the fact that PAGAD members as individuals and members of a structure (PAGAD) stand up to crime and drugs (wrongs) within the community. I will use my legitimate right to defend myself and by whatever means possible, whatever it takes."
Allie (interview, May 1998), summarised the objectives of PAGAD in the following statement: "We still need to mobilize all the people of South Africa to stand up and address crime in South Africa. We want to get rid of crime, totally." 26 5. PAGAD's STRUCTURE
In interviews with the South African Police Service it came to light that the police had the opinion that PAGAD was a force to be reckoned with solely because of their acts of violence. However, in order to see the bigger picture, one has to look at PAGAD's structures to find each structure's function.
The nature of this study is primarily to differentiate between PAGAD's violent acts and the governments response to it. It has to be stated that PAGAD's many deeds of upliftment in the community tend to be ignored, especially in the media, probably due to the lack of sensation. It is therefore necessary to have a closer look at the different structures in order to determine each one's role in the planning of acts of violence. In this regard, the reader will find the study focussing more on the Department of Security and Operations.
This discussion will be divided into two parts: The first will discuss PAGAD's National Structure. In response to PAGAD in the Western Cape other similar structures were formed, and these structures combined their forces under the direction of PAGAD in the Western Cape. The second part will discuss the structure in the Western Cape (the focus of this study) and each substructures task as a framework for the way other PAGAD structures should function nationally. All the information used in this discussion was provided by PAGAD Western Cape and in particular, by National Secretary, Ms Abidah Roberts. Documentation and interviews were used in this regard.
5.1 PAGAD NATIONAL EXECUTIVE COMMITTEE/PAGAD UNITED
During the period of this study, PAGAD's activities in the Western Cape contributed to the establishment of similar structures in the Eastern Cape, KwaZulu-Natal, the Northern Cape and Gauteng. Although it is impossible to discuss these structures in depth, it is important to refer to the formation of PAGAD United on 9 December 1996 and the First National PAGAD Conference in Cape Town from 21 to 23 March 1997. The following brief discussion will indicate that PAGAD in the Western Cape did not only contribute to the formation of anti-crime structures in other provinces, but that it was also acting as an ideological guide-post to these structures.
Anti-drug groups from Cape Town (PAGAD), Port Elizabeth (PADAV), Johannesburg (PACAD) and Kimberley (PAGAD) united to form a national anti-crime body known as PAGAD United during a 27 conference in Port Elizabeth on 9 December 1996, under the chairmanship of Abdus Salaam Ebrahim as the national co-ordinator. Aslam Toefy was elected as the national chief commander.' During the conference it was decided that PAGAD's executive would comprise of a representative from each of the regions. The most important feature of the conference was to set up a command substructure which would report to the executive (The PAGAD National Executive, 1998) 9.
This merger served various objectives in a process to more effectively deal with the eradication of drugs and gangsterism. The national executive also wanted to be able to negotiate at national level rather than at a regional level. In effect it would imply that PAGAD could co-ordinate their activities, especially when negotiating with the South African Police Service and the government. Another motivation for the merger was to unite in order to be able to effectively counter any possible attacks by the drug lords and gangsters (Allie & Roberts, interview, May 1998). According to Spannenberg and Holtzhausen (interviews, May 1998) the national executive not only co-ordinated their activities, this structure was also used to raise funds on a national level and also to counter threats from drug dealers and gangsters. Should PADAV in Port Elizabeth for example, came under attack from the drug lords, the national body would organise assistance from other regions to counter the threat.
The national office of PAGAD United is situated in Cape Town. Although PAGAD has a strong national identity, most of its supporters are based in Cape Town, as most of the National Executive are originally from PAGAD Western Cape (PAGAD History, 1998:2). PAGAD Western Cape furthermore, is more structured than elsewhere. Each regional structure has an executive member serving on the national body. Each regional structure will maintain its autonomy to carry on with its anti-drug and crime operations as before (Abidah Roberts, interview, May 1998).
4lwsee The Citizen (10 December1996).
9 Also see The Citizen (9 December 1996).
28 Figure 1: PAGAD National Structure
NATIONAL EXECUTIVE
National Chief Co-ordinator (Abdus Selman Modem) National Secnobtry (Abideh Roberts) Representatives from each region
amnions (5) Boland (5) North VVerst (5)
Western Cope (B) Natal (B)
National Chief of Seetativ (Sans nbeder) National Treanor. (Unseen Bemoan
The different PAGAD provincial structures held a National Conference on 7 and 8 December 1996. This conference was hosted by "People Against Drugs and Violence" (PADAV), and attended by "People Against Crime and Drugs" (PACAD) from Pretoria, PAGAD from Gauteng and PAGAD from Cape Town. During this conference the following two resolutions were passed: The use of the name PAGAD by all the provincial bodies will be maintained; and A PAGAD national body will be formed.
The second important meeting between the different anti-crime structures (under PAGAD United) was the First National PAGAD Conference in Cape Town from 21 to 23 March 1997. PAGAD Western Cape dominated the other structures. According to Esack (interview, March 1997) what was significant about this meeting was that questions about the orientation and direction of the organization were not subject to any discussion. All the covert dimensions to their work were not discussed on the open forum at all. While Aslam Toefy was the person to field the difficult questions, Abdus Salaam Ebrahim was the key figure who really was the decision-maker. This view was confinned by both the Commander of the Western Cape Command, General Chris van Zyl and Colonel Sparky Calmeyer stating that Aslam Toefy was only the leader in name, whilst the mastermind was Abdus Salaam Ebrahim (Die Burger, 1997:15). 29
Abdus Salaam Ebrahim defined the word "gangster" during this conference (PAGAD National Conference, 21-23 March 1997) as "a person or persons who terrorise, brutalise, victimise, rape, rob and murder, oppress or do any form of injustice to humanity, communities, societies or individuals. A person who commits any crime, may it be shoplifting, car hijacking, fraud, all these are included in PAGAD's campaign against gangsterism and drugs. Any policeman, lawyer, religious person, an employed or unemployed person who assists criminals committing these crimes, are gangsters" (Ebrahim, 1997).
During the above National Conference PAGAD adopted an Interim Constitution (see Annexure B). The Interim Constitution can be divided into two parts. The first deals with the National Executive, its structure, functions, powers and authority and administration. The second part deals with the Regional Executive (who will hold office for two years) and the Regional Sub-Committees and the duties and functions of both the Regional and Sub-Regional Executive.
5.2 PAGAD WESTERN CAPE STRUCTURE
Although PAGAD has a national structure, the structure in the Western Cape is used as a model for other regions in terms of its objectives and structure. In the next discussion the focus will be on the structure of PAGAD in the Western Cape and on each of the functions of the different departments. The aim of this section is to indicate that PAGAD has a broader structure than is generally realized through media articles. Although PAGAD is a well-structured organization, the question can be asked: Why does the Working Committee not have control over its members who are involved in acts of violence and crime? This section will also provide a basic framework for PAGAD's violent modus operandi. Within the discussion on the violent modus operandi of PAGAD the focus will almost be exclusively on the Security Department and its cell structures in particular. It is important to note that PAGAD's Working Committee and other substructures represent PAGAD's overt function, while PAGAD's covert activities are represented by the Security Council. Should this be a fact, this developments indicates a dual strategy with the same objectives (to place fear back in the hands of drug dealers and gangsters through violence), although PAGAD members are not prepared to admit to it. The main source of the information in this section was PAGAD documentation, as provided by Abidah Roberts.
Ott Value this researcher comments that with the establishment of PAGAD, PAGAD essentially was an initiative by a core group of militant anti crime activists, including those within existing 30
Neighbourhood Watches, who sought to organise those sections within the Western Cape Peninsula who were victims of criminality associated with gangsterism and drugs, under the banner of a popular anti crime cause. PAGAD was not structured as a formal organisation with a specific constitutional code of conduct or an organisational bureaucratic set of procedures. Consequently, PAGAD was neither organised around nor directed by a central ideological perspective or agenda, but sought to serve as a broad anti crime popular front under whose banner groups, organisations and concerned citizens of diverse ideological, political and religious persuasions and interests expressed their active for an anti crime cause. According to Holtzhausen (interview, May 1998) it was only in June-July 1996 that the PAGAD campaign gained an organisational structure and began to promote itself as PAGAD, with Farouk Jaffer as coordinator, Nathmie Edries as organiser and Ali "Phantom" Parker as head of operations. While the support base for PAGAD was initially located in Athlone, its support base also began to include other areas in the Peninsula such as the Bo-Kaap, Heideveld, Retreat, Mitchell's Plain, Landsdowne, Salt River, Kensington, Pelican Park and Manenberg. Although not as successful as in previously mentioned areas, PAGAD began to mobilise support in other areas such as the Strand, Clanwilliam, Worcester, George, Paarl and Beaufort West.
After the split in PAGAD (as discussed in section 3.4) PAGAD began to act more structured. PAGAD Western Cape consists of a Working Committee and nine substructures. The Working Committee is responsible for the entire campaign against gangsterism and drugs. The PAGAD Working Committee consists of approximately 30 members who include a chief co-ordinator, a chief commander and a chief of security, the co-ordinators and secretaries of the various subcommittees. According to a pamphlet on "PAGAD Regional Structures: Western Cape", the responsibility of the Working Committee is: "... to see to it that all substructures fulfil their duties to the community. At the same time they are collectively responsible to the people. Similarly they are directly answerable to the people" (PAGAD Regional Structures: Western Cape, 1997:1)." Each of the substructures is responsible for its own field, but is directly answerable to the Working Committee: "All decisions which affect policy or PAGAD strategy must be put before the Working Committee to be scrutinized and subsequently authorized or not" (PAGAD Regional Structures: Western Cape, 1997:1). (PAGAD News Bulletin, 1997:4). 31
Figure 2: PAGAD Western Cape Structure
PAGAD NATIONAL EXECUTIVE
SECURITY PAGAD WESTERN CAPE CENTRAL CO COUNCIL & CELL ORDINATION STRUCTURES Abdus Salaam Ebrahim SECURITY & OPERATIONS Salie Abadan SECRETARIAT LEGAL DEPARTMENT SOCIAL WELFARE Goolam Allie Cassiem Parker Zograt Kriel FINANCE Igsaan Samaai Womans Department EDUCATION Madelief Botha Maradiel Williams
MEDIA Farouk Salie MEDICAL UNIT Dr. Adiel Kamodien NETWORK & DISTRIBUTION Moain Acbmad
This organisational presentation has been constructed using the information provided by PAGAD, in interviews with Allie and Roberts (interviews, May 1998) and documents as provided by Abidah Roberts.
The eight PAGAD substructures are (PAGAD News Bulletin, 1997:4):
SECRETARIAT The secretariat primarily has an administrative function, dealing with the co-ordination of all the activities within PAGAD, including organising meetings, marches, mass rallies, prayer-meetings, conventions, advertising as well as community notices. It is also responsible for recording all infonnation entering or leaving the PAGAD movement (PAGAD News Bulletin, 1997:4).
LEGAL DEPARTMENT The legal team deals with all the legal matters which involve PAGAD and its members. In 1997, PAGAD's legal expenses amounted to about R500 000. According to Abidah Roberts stringent bail conditions and harassment, in the form of raids conducted by the South African Police Service, 32 contributed to high legal fees (Schroeder, 1998:10).
SOCIAL WELFARE DEPARTMENT The Social Welfare subcommittee deals with educating the community about drugs and gangsterism at preschool, primary and secondary school levels, as well as in factories. It also provides recreation in the form of prayer meetings, outings and sporting events. It provides for the rehabilitation of drug addicts and support to their families. A support group exists which provides social support to PAGAD members injured or maimed during PAGAD activities. Other departments associated with the Social Welfare Department include the Women department and a desk responsible for the youth.
FINANCE DEPARTMENT This subcommittee is responsible for controlling the finances of the PAGAD movement, which includes investments, as well as major fundraising projects. Within the Finance Department the Fundraising department is responsible for collecting money at PAGAD meetings and mass rallies. It also organises minor fundraising activities.
SECURITY DEPARTMENT This department is in control of the G-Force (Allie, interview May 1998). The G-Force consists of approximately 200 to 300 people. "The G-Force was larger in the past. As things got tougher only the people with the 'heart' were left, who are responsible for protecting of PAGAD members and the community in general as well as places of worship. The safety of PAGAD members during mass rallies, marches and meetings is another function. Within the Security Department "cell" structures operate, that consist of security members. Every cell has a commander, who is accountable to the Security Department. Although no specific numbers are available, a cell consists of approximately 50 members and collectively amount to approximately 600 active security members. "Thus PAGAD is effectively protected and can mobilise at least ± 500 men within minutes, this is for active participation" (PAGAD Regional Structures: Western Cape, 1997:2). The cell structures are responsible for protecting the specific area its members reside in. Within the Security Department there is a "Special Unit" consisting of the most disciplined and well-trained members of every cell. According to Allie (interview, May 1998) "cells are groups of people living in the same area. Each area has its own structure and coordinator."
According to Jeremy Vearey (commander of police intelligence co-ordination in the Western Cape) in Brummer (1997:8): "PAGAD has in recent months formed its 'paramilitary wing' also called the G-Force, 33
into small cell structures at neighbourhood level, which have the capacity to operate undetected and independently from central organisational control. Some cell members are said to be veterans of armed Islamic campaigns in hot spots like Bosnia, Lebanon and Afghanistan. PAGAD seems not to be in any position to control the actions of its members. There is very little centralised control ... and the energy unleashed by the PAGAD cause could reproduce itself in a pattern of militancy with a life of its own independent of direct structural ties to PAGAD."
The above statement was confirmed by senior PAGAD members over a period of time. For example, during a PAGAD meeting (12 August 1996, Gatesville mosque) Mr Ali Parker stated that PAGAD would, in future, operate in cells and that every cell will have a commander who will be responsible for so-called "operations" against gangsters and drug dealers. This is in line with a statement made by Mr Abdurrazak Ebrahim (PAGAD meeting, 27 August 1996) that PAGAD members should establish street committees with their neighbours and create small cell structures to defend themselves against attacks by gangsters. Abdurrazak Ebrahim made a statement during a meeting at the Gatesville mosque (7 September 1996, Gatesville mosque) that the G-Force would be undergoing a complete restructuring.
Although investigations are still being conducted, the South African Police Service, through statements made by Spannenberg and Holtzhausen (interviews, May 1998), is of opinion that the Security Department by means of its cell structures is responsible for violent attacks on alleged drug dealers and gangsters. The following discussion on the Security Department's functions and responsibilities were compiled on information as provided by Spannenberg and Holtzhausen (interviews, May 1998). 0 Staff and Operations: Co-ordinating and overseeing the overall duties and functions of all security staff, including their roles during marches, events and campaigns. Co-ordinating and overseeing the various other functions such as commanding the security apparatus, structuring and development of the "G-Force". Acting on calls for assistance by membership and the public. Investigating and implementing any structures or activities as required by the "working committee". ii) Administration: Collating and processing all the necessary paperwork for all the various functions of the Council. Co-ordinating the setting up of all meetings of the Council and its substructures. Managing any finance relating to the Council or its substructures in conjunction with the 34
finance team. iii) Training and Resource Development Co-ordinating the necessary training programmes. Arranging the necessary facilities and equipment for perfonnance of training. Investigating the required skills and abilities of all security members and proposing the necessary training programme to the Council. iv) Disciplinary and Grievances Developing and enforcing an appropriate code of conduct for security members and members in general. Establishing a process of dealing with discipline and grievances. Dealing with all disciplinary complaints be it verbal, written or by media information. Developing a suitable "victim" support mechanism for security members. v) Surveillance and Information/Intelligence Department Co-ordinating the assembly and research of all information relating to high crime areas. Doing the necessary surveillance prior to marches, campaigns and special meetings. Gathering and collating any information relating to any illegal activities or suspect situations or persons. Monitoring all the activities of all the various drug lords and gangs in the Western Cape. Gathering information on the South African Police Service (planned operations and information gathering). vi) Public and Authority Liaison Co-ordinating meetings with authorities and organisations prior to marches, campaigns and events. Instituting the necessary legal procedures relating to marches and rallies. vii) Campaign Organisation Co-ordinating and accessing the necessary resources and structures required at all campaigns. Investigating the required venues and facilitating, advising and assisting the "Liaison group". 35
MEDIA AND PUBLIC RELATIONS The Chief Co-ordinator deals with all PAGAD newsletters, bulletins, pamphlets, memoranda, press statements and media liaison. The Network and Distribution unit could be associated with the Media department, although the former falls within the direct jurisdiction of Abdus Salaam Ebrahim, the Western Cape co-ordinator.
MEDICAL TEAM Injuries sustained during PAGAD operations and events are attended to by the medical team. The medical needs of detained or imprisoned PAGAD members are also looked after by the medical team.
EDUCAHON DEPARTMENT According to the PAGAD Regional Structure: Western Cape (1997:3), the Education Department is responsible for developing a syllabus on the subject of Gangsterism and Drugs. The department is also responsible for assisting the educators by providing additional classes on subjects such as biology, science and mathematics.
Available sources do not indicate the number of PAGAD members, neither does PAGAD leadership have these figures at hand. They state the reason for this being that PAGAD's support is based upon an "informal" commitment to PAGAD. Regarding support levels, one may draw a distinction between two forms of support - active and passive. Active support would refer to actual involvement of individuals and organisations in the activities of PAGAD. This would include involvement within the structures of PAGAD or participation during its marches. Passive support would include spiritual or "in principle support". In interviews with the Muslim Judicial Council (the MJC headed by Sheikh Achmat Sidique), Holtzhausen and Spannenberg, the consensus emerged that although the community identifies with the objectives of PAGAD, the majority distance themselves from the modus operandi or strategy of PAGAD. The obvious way to calculate the support PAGAD has within the community, could be to evaluate the amount of support PAGAD receives during its marches. When PAGAD was launched in December (1995) it demonstrated the support of, in some instances, between 2 000 to 5 000 supporters (based upon attendance during marches). Later on these figures dropped. Holtzhausen is of the opinion that this decline in active support is because individuals within PAGAD began to misuse the organisation. These individuals began to launch attacks and with this modus operandi the majority of the community could not identify. In reaction to these statements PAGAD members are of the opinion that police officials have their own agenda in discrediting PAGAD. 36
With regard to the question who is more likely to support (active and passive) PAGAD, the following categories is provided by Africa, Christie, Mattes, Roefs and Taylor (1998:27): "Perceptions of social support: Those who felt that people who were important to them also supported PAGAD were much more likely to support the organization themselves." "Religion: Muslim respondents were much more supportive of PAGAD than Christians or those of other beliefs. The impact of being Muslim was independent of a sense of social support. Thus, Muslims were still more supportive of the organization than non- Muslims." "Perception of PAGAD's effectiveness: Those who felt it was or could be an effective crime-fighting organization were more likely to support it." "Attitudes towards collective action: Those who were prepared to join in collective citizen action against crime were more likely to support PAGAD." "Perceptions of whom PAGAD represents: Those who felt PAGAD represented their community or neighbourhood were much more likely to support it than others. Those who saw it as a sectarian Muslim organization were much less likely to support."
Through the study done by IDASA (Africa, Christie, Mattes, Roefs & Taylor 1998:24), researchers established an identikit of those who would support or join a radical (would use intimidation or violence) collective organization such as PAGAD. The following eight most important factors were identified: "Fundamentalist values: Those who believed in severe punishment, who felt that society should punish evildoers if the courts did not, and who believed in religious wars, were more likely to become involved in radical collective action against crime." "Gender: Men were more willing to participate in citizen action against crime than women." Although the following positions in PAGAD's top structure are held by woman (Abidah Roberts, PAGAD's national secretary, Madelief Botha PAGAD Western Cape's head of the Education Department and Maradiel Williams head of the Womens Department). "Perception of safety: Those who felt less safe at home or in their neighbourhood were more willing to join or support such action." "Legal values: Those who were less supportive of the rule of law and the rights of the accused were more likely to become involved in or support radical anti-crime action." "Religion: Muslims were more likely to get involved than those of other beliefs, whatever their beliefs about fundamentalism (might be)." "Perception of treatment by the police and courts: Those who felt that people like 37
themselves were treated unequally by the police and courts were more likely to support or join radical collective action." "Performance ratings ofthe police and courts: Those who disapproved of the overall and specific job performance of law enforcement institutions were more likely to become involved." "Age: Younger respondents were more likely to become involved or support radical collective citizen action against crime than older ones."
Although the following statistics are very interesting with regard to how a segment of the community in the Western Cape perceived PAGAD, it could not be used as a sure yardstick of PAGAD's active support.
According to a study done by IDASA with regard to support for PAGAD between September 1996 (500 respondents) and April 1997 (189 respondents), researchers found that public support for PAGAD decreased as their actions became more forceful "(ranging from 88% support for petitions demanding action on crime downward to 55% support for the use of violence against criminals). Yet majorities still supported the use of intimidation (70%) or violence (55%) to rid their neighbourhood of suspected criminals. Only one-quarter (24%) of the sample (respondents) opposed the use of marches to pressure or intimidate undesirable elements in the community, and only slightly more that one-third (38%) opposed the use of violence and force activities that are clearly illegal, dangerous and a serious threat to the rule of law and the democratic state's monopoly on the legitimate use of force. Furthermore, there were important increases in support for marching and the use of violence among panel respondents between 1996 and 1997. In terms of actual support for PAGAD itself, less than one-third (29%) of the sample (respondents) said they supported PAGAD. Thirty percent opposed it and 33% said they felt neutral towards it. Among the panel respondents, support for PAGAD dropped slightly from 36% to 33%. Willingness to actually join PAGAD was substantially lower. Only 1% ofthe sample (respondents) in 1996 saw themselves as a member of PAGAD and 5% said they would definitely join PAGAD if they had the opportunity. Another 17% said that they might consider joining PAGAD at some point. However, two-thirds (66%)said they would never join PAGAD. Yet, citizen organizations often trade on their perceived, rather than actual, levels of support. In this case, people tended to overestimate PAGAD's actual levels of support among their friends and colleagues. While 31% actually supported the organization, 46% felt that their respected friends or colleagues were likely to support it " (Africa, Christie, Mattes, Roefs & Taylor 1998:22-23). 38
Above-mentioned statistical analysis aims to illustrate the extend of community support for PAGAD. An interesting factor was that although a majority of the sample group supported community involvement in dealing with the crime situation, PAGAD did not received that much support, they thought they had. To conclude the researcher came to the conclusion that PAGAD do not represent the community in the Western Cape. The reason for this conclusion may be that a split emerged amongst members of PAGAD over the means to be used in dealing with gangsterism and drug abuse, that initially led to a split in community support. This is indicated by two factors:
A grouping under the leadership of Abdus Salaam Ebrahim, wishes to confront gang leaders in a violent manner, and even eliminate some of them. The other faction wishes to cooperate with the South African Police Service in crime prevention functions. These members tend to reject militant strategies (Sidique, interview, May 1998; Holtzhausen, interview, May 1998 & Spannenberg, interview, May 1998).
Holtzhausen stated that the PAGAD leadership is aware of the covert, violent activities of the former group and that the Working Committee goes along with these activities. The reason according to him is that without these covert, violent activities (which will be discussed in the following section) PAGAD would no longer exist. The effect of PAGAD's violent actions could also contribute to the fact that although the community in the Western Cape support citizen action, support for PAGAD dropped (as revealed in the study done by 1DASA). 39 6. MODUS OPERANDI
The reference to PAGAD's Security Department (Section 5) forms the basis of this section's discussion on PAGAD's modus operandi (in particular PAGAD's violent modus operandi).
Through PAGAD's covert cell structures and low-intensity warfare on alleged drug dealers, the following discussion serves as a framework of this dimension of PAGAD's activities. The objectives and organisation of PAGAD's covert operations differentiate it from a pure vigilante group, and serves to discerns it from everything already known.
6.1 VIOLENT MODUS OPERANDI
The following brief introduction will serve as basis for a discussion on PAGAD's violent modus operandi in 1996 and 1997. The primary source of this information came from the public South African Police Service case dockets (PAGAD-related alleged crimes under investigation by the South African Police Service PAGAD task team) and, if possible, confirmed by news articles. Annexure D (PAGAD: Western Cape-related crimes and activities, 1996) and Annexure E (PAGAD: Western Cape-related crimes and activities, 1997) serve as a source of reference for the graphics used throughout this discussion. The objective of these graphics will be used to identify tendencies in the modus operandi of PAGAD in the course of this study.
The patterns of militancy evident in PAGAD activities indicate the prevailence of both paramilitary- styled attacks on alleged drug dealers perpetrated primarily by PAGAD G-Force members 10, and mass marches by PAGAD supporters which are intended to serve as a popular show of force when PAGAD ultimatums" are delivered to the drug lords. Through PAGAD's activities, PAGAD members were
10 From August 1996 to January 1997 PAGAD covert structures were responsible for 50 violent actions against alleged drug dealers and their property. Explosives have been increasingly used in these incidents (Friedman, 1997:5).
11 The conduct of PAGAD members and supporters during their marches to alleged drug dealers and gangsters and the issuing of ultimatums resulted in intimidation and in some cases assault. Private premises have also been entered in contravention of the Trespass Act, 1959 (Act No. 6 of 1959). The Intimidation Act 72 of 1982 makes provision for "violence" which includes the infliction of bodily harm upon or killing of, or the endangering of the safety of, any person, or the damaging, destructkih or endarrigering of property. 40 charged with crimes that include public violence 12, sedition'', attempted murder, murder and malicious damage to property.
According to Allie (interview, May 1998) "it is not the policy of PAGAD to attack people (drug lords and gangsters), but if people act out of command or the intention of the Working Committee, one cannot take responsibility for those actions." The next discussion will focus on attacks on drug dealers and gangsters. The question could be asked who is responsible for these attacks. According to the Working Committee they are not responsible, but they will not condemn people within the structure who commit these acts.' Allie added: "By whatever it takes (they would get rid of crime), by every means necessary. If the people would decide to take the law into their own hands, we wish them the best of luck." According to Allie and Roberts one of the reasons for PAGAD's success is the fact that they "took the fear that the community had (for gangsters and drug dealers) and placed it back into the hands of the
12 Public violence : Public violence differs from sedition, in that it is aimed at subverting public peace and tranquillity, whereas sedition is aimed at the authority of the state. In both cases a number of people have to be involved (Snyman, 1984:264)."Public violence is committed by all such acts as openly and publicly effect, or are intended to cause, a violent and forcible disturbance of the public peace and security or a forcible invasion of the rights of other people (Gardiner & Lansdown, 1957:1012)." Public violence overlaps with a number of other crimes, such as assault, malicious injury to property, arson and robbery, as at least one of these crimes is usually committed in the course of the commission of public violence. The following are instances of conduct constituting public violence : faction fighting, violent resistance to the police by a mob (provided that the police are acting lawfully), rioting, breaking up and taking over a meeting. The conduct may take place on either public or private property. It is not necessary that the participants be armed, but there must be violence or threats of violence (it is sufficient if the conduct is intended to disturb the peace or invade rights), having serious or dangerous dimensions. Various factors may cause the conduct to assume serious dimensions namely the number of people involved, the time, the locality and duration of the fight, the cause of the quarrel, the status of the persons engaged in it, the way in which it ends, whether the participants are armed or not, and whether there are actual assaults on people or damage to property (Snyman, 1984:269-271).
13 „ Sedition : "A gathering which is unlawful, with intent (not necessarily hostile) to defy or subvert the authority of the State (Snyman, 1992:339)." According to Burchell and Milton (1997:683): "Sedition consists in unlawfully gathering, together with a number of people, with the intention of impairing the authority of the State by defying or subverting the authority of its government, but without the intention of overthrowing or coercing that government." The essence of the crime is the deployment of public opinion against the existing government and its agencies. In South African law, the crime is committed by persons gathering to protest or to engage in revolutionary activity (it is used as a chief means of suppressing revolutionary calls for political and social reform). To the extent that this renders punishable protest marches and other mass action the crime may well inhibit legitimate political action and the public's freedom of assembly and speech. For the crime of sedition to be committed, a number of persons acting together is needed. The number of people depends upon circumstances such as the time and place, and the behaviour and demands of the persons gathered together. A reasonable interpretation on the side of the authorities is that the gathering of people must be accompanied by violence or threats of violence - if people gather unlawfully but disperse peacefully at the request of the police they can hardly be guilty of sedition. A peculiarity of the crime is that not only those who take part in the gathering but also those who incite, instigate or arrange it are guilty of the crime, provided that the gathering or "riot" does, in fact, follow upon the incitement or instigation. The intention of the crime to be committed is in fact the aim of the people taking part in the gathering or causing it must be to defy, challenge or resist the authority of the state. It is not a prerequired fact that they should in fact succeed in breaking down the authority of the state: the intention to do so, or to challenge or resist the state's authority, is sufficient (Snyman, 1984:265).
14 Organizations may have a dual strategy and structure: First in this dual strategy the political arm is used in the "overt" activities, while the "military or covert" structure is engaged in violent activities. The objective within this strategy is for the overt thadership to dissociate itself publicly when the covert wing is engaged in violent activities. However, a danger of this strategy could be that the covert wing may begin to operate independently, and not under control of the overt structure. As a matter of fact individuals began to lose sight of the aims and objectives of the larger movement (Laqueur, 1997:9-10). PAGAD's modus operandi falls within this framework - openly deny their involvement and responsibility of violence, perpetrated by the cell structures. 41 gangsters/drug dealers." The divergent police perspective emerges in Holtzhausen's statement that PAGAD placed this fear back in the hands of the drug dealers and gangsters through acts of violence that include murder, through taking the law into their own hands, and by acting outside the boundaries as provided by the law (interview, May 1998).
It is a common perception that PAGAD's campaign led to a decrease in crime in the Western Cape. For example, according to Farouk Jaffer (Rossouw 1996:7) since the campaign set off in November 1995 till November 1996 crime in the Western Cape had decreased by 23%. Although it was a perception within the community that crime was on a decrease, IDASA in a study on the communities perception of PAGAD established that there was a slight increase in perceived safety within the community in the Cape Flats. On the negative side this study came to the conclusion that there were increased levels of support for the use of aggressive and violent forms of collective action (Africa, Christie, Mattes, Roefs & Taylor, 1998:2). The down side of this effect on levels of crime is the possibility that innocent individuals may have become victims of PAGAD. This is reflected in dockets opened as a result of PAGAD members' activities, media reports and interviews for this research project. It indicates the following possibilities: Some victims in PAGAD attacks had never been drug dealers or gangsters 15. For example, the following attacks were directed against members of the community, not involved in drug dealing or gang activities: Wolhunter attacked on 11 August 1996, Toffa attacked on 7 September 1996 in this incident (approximately 500 PAGAD supporters marched and a G-Force member was arrested for being in possession of a petrol bomb), Bawa attacked on 11 October 1996, Section attacked on 4 November 1996, Lewis attacked on 21 March 1997 and Rhoode attacked on 22 September 1997 (Rhoode residence is directly behind a known drug outlet). Some victims were resident in houses previously occupied by drug dealers and gangsters. For example, Lippert attacked on 12 August 1996 indicated that he was not involved in illegal activities, but the possibility existed that the former owner of the residence was involved in drug dealing (Annexure D). Some victims had retired from their drug and/or gang-related activities in the past. For example, Africa attacked on 11 August 1996 stopped dealing in drugs two years prior to the attack, Colbie attacked on 16 September 1996 stopped dealing in drugs five years prior to the attack, Hardien attacked on 10 October 1996 stopped dealing in drugs two
15 Mr Gary Lotz was killed in March 22, 1997 in a shooting after he was mistaken for his neighbour, a self-confessed drug dealer (The Tribune, 1997). 42
years prior to the attack and Brown attacked on 27 March 1997 stopped dealing in drugs two years prior to the attack (Annexure D & E). Attacks on family members of drug dealers were reported. For example, the residence of Gaya Evans (her ex-husband an alledged drug dealer) was attacked on 1 June 1997 by alleged PAGAD members. Shots were fired and a petrol bomb thrown on 14 June 1997 to the residence of Shanaaz January (mother of an alledged drug dealer). A second attack was launched on 24 October 1997, on the residence of Moerisiet Ely (her son was arrested for being in possession of mandrax) (Annexure E). Some victims were neither drug dealers nor gangsters but shebeen owners involved in the selling of liquor16. For example Adams (shebeen owner) was attacked by alleged PAGAD members on 12 October 1996 after being warned by PAGAD members. On 1 November 1996 six people were wounded in front of a shebeen during an attack allegedly launched by PAGAD members. The PAGAD Task Team is currently investigating an attack on Engelbrecht (a shebeen owner) on 7 September 1997. During this incident two persons were injured and one killed. Later in September 1997, three PAGAD members were arrested for their alleged involvement in this attack, after one PAGAD member was identified (Annexure D & E).According to Allie (interview, May 1998) owners of liquor outlets are not innocent as the use of alcohol forms the basis of social decline and it contributes to the forming of gangs and the dealing in drugs and crime. Alcohol is seen as a drug and is easily obtained by youngsters. Innocent PAGAD victims are being subjected to accusatory interrogations by the PAGAD leadership at the Gatesville Mosque as a result of incorrect information by informers. According to Holtzhausen, the more militant faction within PAGAD targeted mosques to gain more support within the Muslim community. In 1997, these more militant, Qibla supporters within PAGAD began to target Muslims who pose a threat to the objectives of Qibla and use the PAGAD structure to warn these individuals, or to get rid of them. This same allegation was voiced by Mr Ali "Phantom" Parker on 20 September 1996 before the split in PAGAD. According to Veary, G-Force attacks were not only carried out against gangsters and drug dealers but against former PAGAD members, at the behest of leaders of the
16 These types of attacks include the petrol bomb attack on Mr. Human's residence (his son is a shebeen owner) on November 14, 1996. During a PAGAD visit on July 17, 1996, to the same residence 237 shots were fired (Beeld, 11 November 1996). 43
organisation (The Cape Times 1997:3). An interesting conclusion is that most of the attacks against former PAGAD members took place in August 1997.
The question arises whether or not members of PAGAD really are responsible for acts of violence or is it merely a part of violence in general. In order to answer this question, one has to evaluate the following information as supplied by the South African Police Service PAGAD task team and Crime Information Management Centre (Annexure D & E). The following evaluation was done by the researcher, although it has to be clearly stated that it was done purely in context of this study and by no means intends to condemn the members of PAGAD who have been arrested and have not yet been tried. The following six reasons imply the possible involvement of PAGAD members in acts of violence: Drug dealers and members of the gang community were warned (through ultimatums) to stop their activities. By not complying to the ultimatum a first, second and in some cases even a third attack took place: For example in 1996 the following attacks were launched on alleged drug dealers after ultimatums were issued by PAGAD. On 16 September 1996, Mrs Colbie was attacked after she had received an ultimatum the previous night to stop her alleged dealing in drugs (she stopped five years before). In October 1996, Mr Hardien (10 October) and Mr Ebrahim (11 October) were warned before being attacked. Mr Khan was first attacked on 20 October 1996 and on 21 October 1996 for the second time. In November 1996 Mr January was attacked on 28 November 1996 after receiving an ultimatum from PAGAD three weeks prior to the attack and Mrs Kesner was attacked for a second time on 29 November 1996, after the first attack on 24 November 1996. For the month of December 1996, Mr Watney and Mr Pietersen were attacked on 6 December 1996 and Mr Titus (warned two weeks prior to the incident) was attacked on 29 December 1996, after receiving ultimatums prior to the attack. Extraordinary is the fact that Mr April was attacked on 27 April 1997 for the seventh time since October 1996 (Annexure D & E).
After police investigations have been completed, it came to light that similar explosives have been used in many of the attacks. For example, the device used in the attack on Rashied Staggie on 1 January 1997 was similar to the devices used in the attacks on Mr January (28 November 1996), Mr Watney (6 December 1996) and the explosive device found in possession of Shahied Bawodien (PAGAD member arrested on 12 December 1996) (Annexure D). The device used in the attack on Gallant on 22 April 1997 was similar to the devices used in the attacks on Jacobs on 2 April 1997, April on 2 April 1997 and Wright on 16 April 1997. The devices used against Mr April (referred in above incident) on 26 March 1997, 2 April 1997 and 27 April 1997 are 44 similar. In an attack on Hendricks (member of the SAPS) on 25 August 1997, investigations revealed that the device used was similarto the devices used in previous alleged PAGAD attacks (Annexure E).
In the following three cases a large number of PAGAD members were present at the scene: In the attack on Stemmet (third attack) on 29 May 1997 approximately 25 PAGAD members were involved in the attack. Shots were fired by PAGAD members on 21 September 1997 during an ultimatum march. Shots were fired on the residence of Marcus by approximately 150 PAGAD members on 4 October 1997.
During a PAGAD mass meeting held on 30 August 1997 at the York Street Mosque, Landsdowne, Cape Town, Fagrie Patel said that PAGAD was in the possession of illegal firearms and that they would use it against drug lords and gangs.
In 296 cases during the period July 1996 to December 1997 in which members of PAGAD were allegedly involved, 153 arrests have been made.
In cases of acts of violence against former members of PAGAD the attackers have been identified by their victims as being active members of PAGAD. For example, the following former members of PAGAD suspect PAGAD for being responsible for these attacks: Meyer on 7 August 1997, Mohamed (former G-Force commander) on 7 August and 26 August 1997 Venos on 10 August 1997 and Stevens on 21 September 1997. In the following three cases PAGAD members were identified for being involved in attacks: Two PAGAD members were identified for being responsible for a kidnapping and assault charge on 7 January 1997, one of the attackers on Van der Heide on 14 March 1997 was identified as a PAGAD member, and during an attack on the residence of Madat on 25 August 1997, eye witnesses identified the attackers as being members of PAGAD. 45
6.1.1 PAGAD MODUS OPERANDI: 1996
PAGAD's main objective since its establishment, was to form a pressure group to make the community aware of the crime situation in the Western Cape, in order to get something done by government and the community. Reactions on the part of the government was slow. With the establishment of the G-Force, PAGAD members began to adopt a more violent approach (that if the government would not do its job, they would do it for them). The next discussion will evaluate the evolution of PAGAD's strategy from that of non-violent protest to that of violence.
Figure 3 focuses on the period May 1996 to December 1996, and indicates violent and non-violent actions by PAGAD members. On 6 May 1996 PAGAD supporters marched to the residence of Minister Abdullah Omar (the Minister of Justice) to express their concern about the perceived failure of the criminal justice system in addressing criminality associated with gangsterism and drugs in the Western Cape. On 11 May 1996 approximately 3 000 PAGAD supporters marched to Parliament, where they handed an ultimatum to the Minister of Justice in which they demanded swift action against gangs and drug lords within 60 days. They warned that failure to do so within the specified 60 day deadline would prompt PAGAD to take the law into its own hands. In a letter sent to Minister Omar on 25 June 1996 (Annexure C) PAGAD made a number of suggestions on how to deal with the drug problem in South Africa. The most significant suggestion, which had a long-term effect on the violent strategy of PAGAD was that convicted drug dealers should be hanged or given a life sentence, because they were seen to be responsible for destroying the lives of innocent victims. Based on the fact that PAGAD demanded the death penalty for drug dealers, the conclusion could be made that when government did not comply with this demand, individuals within PAGAD decided to take the law into their own hands.
Although there were no reported PAGAD marches or violent incidents in June 1996 the reason might have been that PAGAD members were having meetings to discuss their plans in the event of the 60-day- ultimatum not being complied with. The split in PAGAD in September 1996 became associated with a steady increase in violent activities, and a decline in non-violent overt activities (this trend would continue in 1997).
PAGAD first turned to violence during July 1996 by exploding a pipe-bomb and through three shootings 46
to the residences of alleged drug dealers." The modus operandi evident in PAGAD's violent actions reflected the presence of a trained paramilitary extension of the broader PAGAD "structure". All non- violent marches during this period reflected an average involvement of approximately 157 PAGAD supporters who had been mobilized, via Radio 786 broadcasts, to attend PAGAD meetings at the Masj id Al Quds mosque, Gatesville, from where they would then depart to the residence of an alleged drug dealer.
On the basis of the docket information used in this study, August 1996 introduced the intensifying of PAGAD vigilantism in the form of 19 reported incidents, of which 9 were non-violent marches to the homes of alleged drug dealers, and 10 violent paramilitary styled attacks perpetrated by PAGAD's G- Force group. The most prominent of these marches that resulted in violence was the march to the residence of Rashaad Staggie on 4 August to deliver an ultimatum that he renounced his criminal activities. After a mass meeting at Gatesville Mosque people drove in a convoy to Salt River. The confrontation that followed resulted in the death of Rashaad Staggie, and ten PAGAD members suffered gunshot injuries. (The pattern of militant action during this period reflected a shift in the modus operandi evident in previous PAGAD militant actions towards the separation of paramilitary styled G-Force attacks from mass marches.) The PAGAD leadership had decided to maintain this separation of militant tactics following difficulties experienced in controlling supporters involved in groups participating in paramilitary attacks and those involved in mass marches in one protest action. Violent PAGAD actions primarily involved petrol bomb attacks, drive-by shootings and standoff shootings at the residences of alleged drug lords. The shooting incidents included:
PAGAD versus gangsters: A standoff on August 11 after the Vygieskraal march (The Mercury, 12 August 1996:1)". PAGAD versus the South African Police Service: On August 27 PAGAD members shot at South African Police Service members outside the Gatesville mosque (Spannenberg,
17 PAGAD members and supporters launched attacks on homes, inhabitants and vehicles, which involved the use of firearms and explosives. This would justify investigating cases of attempted murder, contraventions of the Explosives Act, 1956 (Act No. 26 of 1956) and malicious damage to property. Arms and Ammunition Act 75 of 1969 : The prohibition of possession of firearms at any gathering or in any public place, under Government Notice No. 1487 of 2 September 1996, has been violated at various occasions by supporters participating in PAGAD marches and gatherings. Moreover, during these marches and after acts of violence PAGAD supporters were arrested for the unlawful possession and supply of firearms in contravention of the provisions of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969).
18 Also see Annexure D. 47
interview, May 1998)' 9.
During this period the militant content of PAGAD's political rhetoric changed. The influence of Islamic extremist ideas was evident in the public statement by Mr Ali Parker on August 12, which stated that PAGAD had declared a "jihad" on drug dealers and gangsters and in subsequent similar references by Mr Farouk Jaffer.
The active public support for PAGAD marches declined in September 1996. This could be ascribed to the reaction of non-violent PAGAD supporters to the prevailence of violent tactics, through paramilitary style PAGAD actions in August 1996, culminating in the murder of Rasaad Staggie. September also marked the split between the pro-Qibla (Islamic political extremists) and anti-Qibla (populist militants and moderates) factions in PAGAD 20. During this period the MJC withdrew its support for PAGAD: "When they [PAGAD] began to adopt this militant type of attitude ... and this is where we differ. Too many covert operations happened, too many things went wrong". PAGAD even asked the MJC to promulgate a decree giving PAGAD "permission" to murder gangsters and drug dealers, since murder is not allowed in Islam'. From this stage the MJC supported PAGAD's goals and objectives, but they did not support their strategy nor modus operandi (Sidique, interview, May 1998).
The totality of PAGAD's factional split between pro-Qibla and populist groups manifested itself during October 1996 in marches associated with the respective factions to the extent that two independent PAGAD structures now existed, each having its own leadership, policies, operational fields and modus operandi. Although it is difficult to quantify the support base of either faction accurately, owing to confusion among supporters about who the real PAGAD is, it is noteworthy that marches organized by the pro-Qibla faction attracted less support than did the PAGAD marches before the factional split. It is evident that the pro-Qibla faction preferred to have their marches and meetings outside historical PAGAD base areas (Athlone) and has concentrated on areas such as Mitchell's Plain, Grassy Park, Sandfontein and Rondebosch East. Pro-Qibla marches have mainly been non-violent despite extremist calls for the killing of drug dealers at mosque meetings held beforehand, except for two incidents where the pro-Qibla faction had stand-offs with the police on October 26 in Athlone and October 30 in Parow. It was also the
19 Also see Annexure D.
20 One faction is led by the organization's original leaders Mr Farouk Jaffer and Mr Ali "Phantom" Parker, the other faction is led by "the militant Muslim group Qibla" (Rossouw, 1996:7).
21 See VVyngaard (1997:9).
48
first time PAGAD used M26 hand grenades in attacks on the residences of alleged drug dealers (Spannenberg, interview, May 1998) 22 .
On October 14, 1996 the populist faction of PAGAD met with the provincial senior management of the South African Police Service. The delegation consisted of Mr Farouk Jaffer, Mr Ali Parker and Mr Ismael Effendi (this meeting, attended by the anti-Qibla faction, clearly indicated the split in PAGAD). The following submissions were made: i) All past PAGAD actions in which violence was used was alleged to have been perpetrated by the pro-Qibla faction within PAGAD. PAGAD intended to strengthen existing neighbourhood watch organizations under its control and intended to develop similar neighbourhood watch organizations in other parts of the Western Cape. PAGAD-aligned neighbourhood watches would monitor known gangsters and drug lords in the area under their jurisdiction and then, provide any information emanating from this to the South African Police Service and conduct citizen's arrests, if necessary. Marches and all actions organized by the moderate PAGAD faction would not wear masks or cover their faces during such actions'. PAGAD would apply for municipal permits for all future PAGAD marches and provide the South African Police Service with full details on such marches. As in the case with the pro-Qibla faction, the anti-Qibla faction could not come to an agreement with the police not to bear arms in public (Rossouw, 1996:7).
From November 1996 PAGAD turned to more violent methods, which included increased confrontation with the South African Police Service (Annexure D). It formed part of Mr Aslam Toefy's intensified programme of action: "We are fighting the police's inability to deal with the problem of drugs and will apply pressure on them. We will show them how to deal with crime (Sowetan, 7 November 1996)." Although the verbal initiative was not of a violent nature, it turned into violence: i) On 3 November 1996 a confrontation took place with the police at the Waterfront, Cape
22 Also see Annexure D.
23 According to Mr Farouk Jaffer members of the anti-Qibla faction will no longer disguise their faces except for women and informers: "We have also explained to the police that sometimes members of the community assist us by pointing out dealers and gangsters. Such persons have to cover their faces for their own protection (Rossouw, 1996:7)." During PAGAD marches and gatherings, supporters cover their faces partially which amount to a contravention of the Prohibition of Disguises Act, 1969 (Act No. 16 of 1969) read together with section 8 (7) of the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993). 49
Town when Agmad Najaar was shot and killed' and twelve PAGAD supporters and thirteen policemen were injured. This happened after PAGAD supporters ignored a warning by the police to disperse (Business Day, 4 November 1996) 25; On 4 November PAGAD members shot at South African Police Service members during and after the burial of Mr Agmad Najaar at the Mowbray Cemetery (he had been killed during the Waterfront confrontation). Even before the death of Najaar, Moosa (1996:69) warned that the death of any PAGAD supporter would play into the hands of the military faction within PAGAD that would evoke community sympathy as their being martyrs and victims in fighting a noble cause. According to a letter as reported in the media (in the possession of the PAGAD task team in Cape Town) the death of Mr Najaar was well planned by several Muslim organizations to provide "them" with a martyr. "It had been alleged on several occasions that sinister forces with hidden agendas are behind PAGAD and that the organization is being run by militant Islamic intent on overthrowing the government (Younghusband, 17 November 1996); On 10 November 1996 PAGAD members assaulted a member of the South African Police Service during a PAGAD rally at Vygieskraal. According to Achmad Cassiem "own source intelligence" indicated that three assassins have or would be imported to kill Western Cape Muslim leaders (The Pretoria News, 11 November 1996) 27; and On 30 November 1996 stones were thrown at South African Police Service members during a march in Paarl East'.
December 1996 marked the first time PAGAD used explosive devices (there were three incidents involving the use of explosive devices and two petrol bomb attacks). The explosive device used on 16 December 1996 in Heideveld was similar to the devices members of the police seized at the residence
24 Although PAGAD blames the death of Agmad Najaar on the police, he was shot by a 7,65mm calibre firearm. The police used only rubber bullets. The rumour has it that he was shot by his own people as an accident or to create a martyr (The Citizen, 4 November 1996). According to Commissioner George Fivaz (The Citizen, 5 November 1996) undisciplined elements within PAGAD were responsible for the death of Mr Achmat Najaar.
25 Also see Rudden (1996:1).
26 During his burial Najaar was certified as a martyr (Beeld, 5 November 1996). According to Sheik Thafier Najaar the death of his brother made him more determined: "My father says he has got four more sons and many more grandsons to give to the cause. I can proudly say it is an honour for the family to have lost someone in this way." Followed by: "It won't take bullets to destroy us. !man (faith) is our face. That is our bullet-proof vest (The Pretoria News, 5 November 1996)."
27 Also see Annexure D.
28 Also see Annexure D. 50 of a PAGAD member in Athlone. According to the police the devices consisted of a hand grenade tied to a petrol bomb. During the raid police members seized two explosive devices as well as two hand grenades (Beeld, 17 December 1996). In December 1996 seven bomb and petrol bomb attacks took place. On 29 December 1996, two petrol bombs were thrown at the Bishop Lavis residence of an alleged drug dealer (Van Zilla, 1997:1)29.
As far as the overt activities of PAGAD are concerned, a delegation of national ministers and senior police and justice officials met with a PAGAD delegation on 3 December 1996 : "The PAGAD delegation demanded exemption from laws, particularly the Regulation of Gatherings Act, which outlaw the wearing of masks and the bearing of firearms at public rallies. They also demanded that the authorities supply them with a list of all people detained in connection with drug offences: Those who had been convicted but received suspended sentences and those who had served jail terms for drug offences but had been released, in order to be monitored. PAGAD argued that masks and the carrying of firearms were part of the right to self-defence (Hartley, 1996)." 3°
During PAGAD's overt anti-crime initiatives since 10 December 1996, the organization's executive members applied for permission for marches (The Citizen, 10 December 1996). Although members of the PAGAD executive (including Mr Aslam Toefy) agreed that PAGAD members would not bear firearms, PAGAD members were, in fact armed with firearms, when a gun battle errupted outside Cape Town International Airport on 16 December 1996 between PAGAD supporters and the South African Police Service, after protesters had been given ten minutes to disperse (illegal gathering) 31 . They did not disguise their identity. The skirmish continued at the Bellville Magistrate's Court after 13 PAGAD members had been arrested and accused of attempted murder, obstructing police and public violence (Arde, 17 December 1996). 32 Some 250 PAGAD supporters gathered outside the Bellville Magistrate's Court (Also see Annexure D). After the crowd had praised Allah, they charged the police line and fired
29 Also see Annexure D.
3o Mr Achmad Cassiem said the wearing of masks were aimed at preventing crimes, such as assassinations, being committed against PAGAD members and their families, while the bearing of arms was for self-defence purposes only, in reaction to above mentioned meeting. Also see The Citizen (4 December 1996), The Pretoria News (4 December 1996).
31 According to a PAGAD member on the confrontation: "This confrontation is good for the people (PAGAD members) because it takes them to the point of going beyond the fear barrier (The Citizen, 17 December 1996)."
32 Also see The Pretoria News (17 December1996), The Pretoria News (18 December1996). 51 live ammunition at Public Order Police officers 33. According to a policeman on duty during the two demonstrations, they were shot at with bullets that could penetrate bullet-proof vests. "A cartage from a Russian Tokarev was also found (The Pretoria News, 18 December 1996)." From 4 August 1996 to 19 December 1996, 27 members of the South African Police Service were injured during 54 PAGAD protest marches (Beeld, 19 December 1996).
In conclusion, the following figures (based on information provided in Annexure D) indicate that for 1996 PAGAD initiated 49 non-violent protest marches, but that they had been involved in 76 violent activities (see Figure 3).
Figure 3: Comparative Frequencies of Non-violent and Violent Actions: 1996
COMPARATIVE FREQUENCIES OF NON-VIOLENT AND VIOLENT ACTIONS:1996 DENTS CI IN R OF NUMBE