JUSTICE delayed is justice denied, so goes an ancient maxim. Communities around the country seem to believe waiting for the law is a delay of justice. Incidents of the law of the jungle, where people are taking the law into their hands are becoming common, especially in maintaining law and order in the underworld of the illegal cannabis trade.
A false start in policy reforms promising to legalize the Kingdom’s “green Gold” five years ago removed the stigma on the drug and inflamed public anticipation that cannabis would become a new area of economic opportunity. When the legalization process fizzled out, the surge in interest had sucked in too many of the nation’s largely unemployed youth. Increase in supply did not seem to douse an almost insatiable appetite for Eswatini’s reputedly high-quality crop in neighbouring South Africa, the principal market.
Earlier this year, reforms in South Africa legalized cannabis for recreational use. The risk which accounted for lucrative prices now removed, prices came crashing down, which however does not seem to have affected demand – which appears to outstrip supply and dealers are tripping over each other to be first to the market. Apparently there is little honour among cannabis dealers as incidents of thefts, hijackings and brazen robberies escalate in the countryside.
Dealers in illegal trade cannot be expected to invite the law to provide law and order and justice.
Last week, in the Mhlangatane area of Northern Hhohho, armed robbers waylaid a truck transporting a consignment of illegal cannabis that was being transported towards the border, on its way to the market, believed to be South Africa. It was a high-level heist because the robbers opened fire with guns before grabbing the illegal drugs.
But as they made away with their loot, the community would have none of it and raised the alarm leading to a dramatic convoy chase after the cannabis robbers. Alerted of the chase and the crime against a common source of livelihoods, other communities joined the chase. The robbers who were ultimately cornered in a citizen arrest, and subjected instant mob justice.
By the time the police arrived on the scene, the robbers had been harshly dealt with. Along with the subject of interest, the robbery suspects have now been charged, in addition to armed robbery, also with possession of illicit cannabis while the legitimate drug owners went Scot free.
While cannabis is the most common source of mob justice in the countryside, other triggers include stock theft. While the provocations for community action may appear justified, mob justice imposes serious stress on the law enforcement authorities.
“Only this past weekend, three people were again subjected to mob justice,” police spokesperson Senior Superintendent Phindile Vilakati laments. “This is a big problem for the police for many reasons because mob justice has many implications. Police are then required to first take an injured person to Hospital where they have to keep the suspect under guard until they are discharged. Innocent patients who are already suffering pains of illness now have added strain being upset and traumatized by the presence of armed police in their ward.”
Mob justice is also an added cost in time and effort that cheats the public of police availability for preventing crime and apprehending criminals.
“We strongly advocate that people should report crime to the police and allow the law to take its cause. The law is there for a reason,” the police spokesperson said.
Part of the problem of citizen arrests is that not all cases result from incidents where there is no doubt about the crime, such as when the culprits are caught red handed. In some cases, the identity of a crime perpetrator is questionable, sometimes the punishment does not fit the crime and in some instances, people are punished for actions that do not amount to a crime.
“Just this past weekend members of a community at Maphungwane near Siteki found a person sleeping in the community cemetery. They only called the police after the person was severely beaten. That is a crime and police now have to arrest the perpetrators.”
Mob justice also has serious potential for social instability, especially where it is meted on the basis of suspicion. “In a recent incident people were shot. Now relatives of the shooting victims are demanding revenge on the suspect shooter.” Incidents like these have the potential of embroiling whole communities in snowballing internecine revenge and counter-revenge conflict.
Mob justice offends the constitutional human rights principle of assumption of innocence until proven guilty in a court of law: “It is important that people respect the law. No one would wish to live in a society where they are subjected to mob justice even before they are proven guilty.”
Mob justice may be implicated in perpetuating repeat offenders. A subject of a mob violence is likely to experience serious trust issues that may make them feel unsafe in their community, to the extent that some may commit crime to be in jail where they much safer than outside.
Jm/today/8.10.2024.
