A criminal law expert, Dr Delano van der Linde says the Prevention of Organised Crime Act (POCA) is ineffective at curbing gangs and organised crime, forcing communities across the Cape Flats and elsewhere to live in fear.
Van der Linde has this week received his doctorate in Criminal Law from Stellenbosch University. Van der Linde criticised POCA as it did not have the teeth to dismantle the structures of gangs. He suggests through his doctoral study that the act be amended to include elements of international law to specifically target gang leaders.”Gang leaders distance themselves from the execution of crimes; they would just give the instruction and their subordinates would just carry out the crime. Often they would be very scared to testify against the gang leaders so there would be no evidence that they did anything wrong. The law would make it light on the prosecution to prove the responsibility of the gang leader. All that would need to be proven was that they had control over the gang and not that a specific instruction was given because that would be very difficult to prove.”