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Thesis Law 2020 Viltoft Clara Dybbroe Deconstructing Gangsterism in the Western Cape Policy Response to the National Anti-Gangsterism Strategy Clara Dybbroe Viltoft VLTCLA001 Degree: Masters of Philosophy in Criminology, Law and Society Course code: PBL5850W Minor Dissertation Institution: Department of Public Law Faculty of Law School of Advanced Legal Studies University of Cape Town Supervised by: Prof. Elrena van de Spuy DepartmentUniversity of Public Law of Cape Town University of Cape Town Word count: 24.572 (including footnotes and quotes, excluding lists and bibliography) Page count: 112 Submission date: 10 February 2020 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 2 of 112 DECLARATION The research dissertation is presented for the approval of the Senate in fulfilment of the part of the requirements for the Masters of Philosophy in Criminology, Law and Society in approved courses and a minor dissertation. The other part of the requirement for this qualification was the completion of programme courses. I, Clara Dybbroe Viltoft, hereby declare that I have read and understood the regulations governing the submission of the dissertation, including those relating to length and plagiarism, as contained in the rules of this University, and that this dissertation confirms to those regulations. I want to mention that some sections are similar to the final examination submission for the course ‘Law in Action’ (PBL5849) taught by Kelly Moult with submission date 7 June 2018 as the paper consisted of a dissertation research proposal. Date and signature: 9 February 2020 Clara Dybbroe Viltoft / VLTCLA001 Course code: PBL5850W Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 3 of 112 ABSTRACT In the Province of the Western Cape in South Africa, gangsterism continues to be associated with issues of violence, crime and localised conflicts, affecting residents on the Cape Flats in particular. Although the country’s legal framework promotes human rights and despite ongoing interventions by law enforcement, the effectiveness of government responses is still debated by politicians as well as the general public. Using Carol Bacchi’s ‘What’s the Problem Represented to Be’ (2009) approach to policy analysis, the aim of this dissertation is to deconstruct the Western Cape’s political problematisation and representation of the ‘problem’ by analysing the Western Cape Provincial Policy response to the National Anti-Gangsterism Strategy. From a social constructivist angle, this dissertation presumes policy as prescriptive guidelines that dictate action. Further, the aim is to discover how the problem is understood and represented and thus analyse which discourses and material responses are generated and which are not. The findings confirm that there is a discrepancy between what is articulated in policy and what actually happens on the ground, i.e. between discourse and practice. Moreover, it will be argued that sustained anti-gang intervention demand that structural obstacles and inequality in lieu of the spill over from the Apartheid era are addressed. Taking notice of these aspects, the minor dissertation concludes that it is critical to figure out how best to transform conflict conditions in areas with high levels of gang violence with the view to allowing both youth groups and individuals to exert agency and become empowered in pursuit of individual and community resilience. Clara Dybbroe Viltoft / VLTCLA001 Course code: PBL5850W Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 4 of 112 ACKNOWLEDGEMENTS Since the beginning of 2018, this dissertation has been a central part of my life. The completion of this dissertation was not possible without support. I wish to extend appreciation to Elrena van de Spuy, my supervisor, who has patiently and thoroughly guided me through countless drafts towards this final dissertation. Without the opportunity to work with Don Pinnock, I would not have had the insights and access that which allowed for me to engage with this complex topic. Thank you for opening doors for me and for challenging me when needed. To the Department of Community Safety and specifically, Amanda Dissel, for access to valuable data that has equipped me to shape the inquiry of this dissertation. Without that, the rigour, I have attempted to bring about, would not have been with in my reach. To my dear ones, friends - old and new - and family, and especially to Corey R. Johnson, for listening to me and supporting me, when I thought a final dissertation was impossible. With much gratitude, Clara Clara Dybbroe Viltoft / VLTCLA001 Course code: PBL5850W Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 5 of 112 Clara Dybbroe Viltoft / VLTCLA001 Course code: PBL5850W Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 6 of 112 TABLE OF CONTENTS DECLARATION .......................................................................................................................... 2 ABSTRACT .................................................................................................................................. 3 ACKNOWLEDGEMENTS......................................................................................................... 4 TABLE OF CONTENTS............................................................................................................. 6 LIST OF ABBREVIATIONS AND ACRONYMS ................................................................... 7 CHAPTER ONE: INTRODUCTION ........................................................................................ 9 1.1 INTRODUCING THE PROBLEM AREA ........................................................................ 10 1.2 RESEARCH PROBLEM ................................................................................................... 14 1.3 STATEMENT OF PURPOSE ........................................................................................... 18 1.4 CHAPTER OVERVIEW ................................................................................................... 19 CHAPTER TWO: LITERATURE REVIEW ......................................................................... 20 2.1 PREVIOUS RESEARCH ON GANGS IN SOUTH AFRICA .......................................... 21 2.2 APARTHEID AND GANGS ............................................................................................. 22 2.3 ORGANISED CRIME, CORRUPTION AND DRUGS .................................................... 28 2.4 YOUTH AND GANGSTERISM ....................................................................................... 34 2.5 SUB-CONCLUSION......................................................................................................... 39 CHAPTER THREE: CONCEPTUAL FRAMEWORK ........................................................ 40 3.1 THEORY: WHAT’S THE PROBLEM REPRESENTED TO BE? (WPR) ....................... 41 3.2 ANALYTICAL APPROACH: BACCHI’S WPR ............................................................. 44 3.3 COMPLEMENTARY THEORETICAL CONCEPT ........................................................ 48 3.4 PRESENTATION OF THE MATERIAL: NAGSWC ...................................................... 52 3.5 DELIMITATIONS ............................................................................................................ 55 CHAPTER 4: WPR ANALYSIS OF NAGSWC ..................................................................... 58 4.1 INTRODUCTION TO THE ANALYSIS .......................................................................... 59 4.2 THE PROBLEM OF GANGSTERISM IN NAGSWC...................................................... 60 4.2.1 LEGISLATIVE FRAMEWORK .................................................................................. 61 4.2.2 GANGSTERISM, A YOUTH CRISIS IN THE WESTERN CAPE ............................... 74 4.2.3 NAGSWC: A COLLABORATIVE POLICY FORMULATION ................................... 80 4.2.4 SUB-CONCLUSION .................................................................................................. 84 4.3 CRITIQUE OF THE PROBLEM OF GANGSTERISM IN NAGSWC ............................ 85 4.3.1 SOCIAL VIOLENCE, IDENTITY, AND INTERGROUP DYNAMICS ....................... 87 4.3.2 GANGSTERISM, WOMEN AND FEMALE YOUTH ................................................. 95 4.3.3 YOUTH AND SOCIAL INCLUSION.......................................................................... 98 CHAPTER FIVE: CONCLUSION ........................................................................................ 101 5.1 DECONSTRUCTING GANGSTERISM IN NAGSWC ................................................. 102 BIBLIOGRAPHY .................................................................................................................... 105 Clara Dybbroe Viltoft / VLTCLA001 Course code: PBL5850W Deconstructing Gangsterism in the Western Cape Policy Response to NAGS Page 7 of 112 LIST OF ABBREVIATIONS AND ACRONYMS ‘Integrated Violence Prevention Policy Framework’ 2013 policy ‘Social Transformation, Gang Prevention And Intervention Strategic Framework’ 2008 policy ‘What Is The
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