In a country like South Africa – where crime levels, especially for violent crimes, are notoriously high – we tend to focus on the aftermath of crimes like murder, rape and robbery, but neglect other serious crimes that silently grow to catastrophic levels.

One such crime is extortion, which has gained significant traction in South Africa to reach endemic levels.

Often, we read headlines about a person or gang who obtained something from somebody, especially money, property or some type of benefit, by using force or threats. We know this type of action is referred to as a robbery.

Then there are increasing reports about a very similar action known as ‘extortion’. Extortion is very similar to a robbery but with a very specific difference: During a robbery, property is taken without the consent and against the will of the victim, using force, intimidation, and/or violence.

Conversely, in extortion the victim ‘consents’, although unwillingly, to surrendering their money, property or the solicited advantage. Extortion consists of a process where the perpetrator intentionally and unlawfully subjects the victim to pressure (threat), which induces the victim to submit to the taking of property or an advantage “with consent”.

Often the pressure is of such a nature that the victim has no choice but to submit. If they do not “consent” they find themselves on the receiving end of grievous bodily harm, property damage, vandalism, bullying or even death. In some cases, people have to close their businesses due to the forced repetitive illegal payments they have to make to these groups.

Key factors that fuel extortion’s unabated growth in South Africa are the element of fear extortionists cultivate within communities, and the constant growth of violent and organised armed groups, especially in disadvantaged neighbourhoods. Moreover, extortionists thrive in contexts like South Africa, where essential services such as water, transport and electricity can be sabotaged so easily. It is not only businesses that suffer; specific individuals are also often the targets of extortion.

It is not unusual for public figures such as politicians to fall prey to extortionists who use the threat of causing a social scandal by weaponising something from the politician’s past. In this context, extortion is synonymous with the term blackmail (the older outdated term for extortion).

Generally, extortion encompasses a variety of threats in terms of future harm if one does not comply. While extortion can play out on a small scale in localised contexts, it is also used as a strategy on a global level – sophisticated cyber-extortion schemes target large companies to extort billions.

Currently, in South Africa, gangs extort business owners mostly with illegal firearms to pay extortion or ‘protection’ money, akin to the mafia-like extortion rackets that were so prevalent in the USA in the previous century.

Due to fear of the perceived repercussions, the victim acts in their own interest by concealing the transaction and not reporting it to authorities. The gang will thus keep on extorting due to the relative ‘safety’ of their illegal operation. Extortion by gangs, groups and syndicates is a growing dilemma in South Africa. Many people with small businesses have paid with their lives when they are unable to meet extortionists’ demands.

The even bigger challenge for many shop owners is that there will often be more than one group of thugs who target a business, shop or shebeen more than once a month, demanding immediate payments.

Extortion rackets run deep and wide on all levels of business and politics in South Africa. Although extortion remains underreported, the South African Police Service (SAPS) indicates that 6 056 extortion cases were reported between April 2019 and March 2024. Only 2 389 arrests resulted from these reported cases, and a distressingly low 178 convictions were secured.

SAPS stresses that South Africa is seeing an increase in organised groups targeting smaller economic sectors like small foreign-owned businesses, the taxi industry, schools, certain private household businesses and the construction sector. Some examples of where extortion rackets are flourishing include the ‘construction mafia’, the mini-bus taxi industry and even essential businesses like day care centres.

It is arguably small one-person business ventures like spaza shops and street vendors who are bearing the brunt of these extortionists. Their profit margins are very low, but still they have to pay ‘protection’ money. Sex workers are also targeted and have to pay most of their profits to extortionists. Recently a principal of a primary school was executed in cold blood because he refused to pay ‘protection’ money.

In recent times a ‘water tanker mafia’ is spreading across South Africa, as a result of municipalities failing to adequately maintain and secure water infrastructure, leading to increased water shortages and water pipe leaks. The water mafiosos often connect their own water supply illegally to municipal pipelines and sell it at exorbitantly high prices, or they source their water from dubious sources (contaminated rivers and dams). Sadly, some politicians have also been accused of being in the pockets of these groups and turning a blind eye for monetary kickbacks.

In some instances, especially in the global market, artificial intelligence (AI) is being utilised to produce child pornography and other illicit content with the aim of using this in sexual extortion enterprises. It is also not uncommon for these criminals to use AI apps and other face-swapping technologies to manipulate images. They superimpose a victim’s face onto a nude body or in a questionable sexual situation and extort money to ‘protect’ their victim’s dignity.

Currently, extortion is classified as a common law crime in South Africa. This implies that it is not codified in any specific legislation. Legislators are considering revising the legal definition of extortion to codify it into specific legislation to make it easier for police to arrest extortionists and punish perpetrators appropriately for the crime of extortion.

The government has also introduced legislation to impose heavier sentences for crimes committed on essential infrastructure to ensure that criminal elements are prosecuted and punished harshly.

For now, I believe we can rely on the Intimidation Act 72 of 1982 and the Criminal Procedure Act 51 of 1977 to prosecute crimes of extortion. In some provinces, including the Western Cape, the police are urging citizens and victims to report extortion to address the issue swiftly. They have even introduced a toll-free extortion reporting line (0800 314 444).

More of these initiatives are needed. The government must prioritise crimes of extortion, and will have to speed up prosecutions, as extortion gangs are seemingly continuing to operate unabated.

Disclaimer: The opinions expressed in the article are solely those of the authors and do not necessarily reflect the views of the University of Pretoria