
What began as isolated incidents of extortion on construction projects in early 2015, has now evolved into a nationwide threat.
South Africa’s construction industry continues to be held ransom, costing the country billions of rands in revenue and jeopardising vital infrastructure development. The perpetrators of these criminal activities, who disrupt and extort construction projects in all aspects of the project value chain, are known as the construction mafia.
Sentebale Makara, director of dispute resolution at Cliffe Dekker Hofmeyr (CDH), and Thobeka Dhlamini, candidate attorney, share insights from a legal perspective.

Sentebale Makara, director of dispute resolution at Cliffe Dekker Hofmeyr.
False fronts and fear tactics
Disruptions on sites are caused by a group of people, usually posing as local business forums and local community interest groups demanding their “piece of the pie”, without using the proper channels, such as stakeholder engagement forums, to air grievances and encourage collaboration.
Demands range from employment to contract opportunities, and even demands for cash. These “business forums” are, more often than not, unregistered and it is extremely difficult to track down any “members” acting under the auspices of the said forums or interest groups.
The use of the socio-economic illness of unemployment in the affected communities results in the unemployed being the convenient tool used in disrupting projects.
The modus operandi
These mafias usually approach the site manager/project manager on the construction site, or anyone in a position of seniority, to channel their demands.
Their extortion strategy relies on recruiting residents who are allegedly part of the affected community. Residents are then used to stage disruptive protests and hinder construction activities, effectively strong-arming the construction companies to adhere to their demands.
The construction companies have no alternative in the circumstances, but to approach the High Court to get an interdict against any party involved in such unlawful actions. As part of the modus operandi, the use of non-residents of the relevant affected communities has been an effective means of concealing the identity of the perpetrators who cause disruptions.
The true effect of this tactic is that the unknown community members complicate the enforcement of any relief sought and granted in the High Court interdict proceedings.
Government’s response
The government is trying to address the issue through the introduction of certain policies and legislation to curtail mafias in the construction sector. The legislation and policies include:
- The Critical Infrastructure Protection Act 8 of 2019.
- The National Infrastructure Plan.
- The Critical Infrastructure Programme.
- The Infrastructure Built Anti-Corruption Forum.
A community-centric approach
The solution to the construction mafia, according to CDH, lies in a multi-pronged approach that addresses the root causes and fosters collaboration. The December 2022 Western Cape Property Development Forum town hall discussions highlighted the crucial role of community engagement.
- Inception of project: Construction companies and employers need to prioritise the inclusion of the community in all stages of the project. The appointment of a paid community liaison officer (CLO), who should be a community leader who has influence in the community, with the responsibility to function as a representative of the community, ensures that the interests of the community are taken into consideration by the construction company, and that the interests of the construction company are also, to a certain extent, considered. Construction companies need to ensure that the appointment of the CLO takes place at the inception of the project. This is beneficial for the construction company as they gain the trust and confidence of the community, and the community will be motivated to protect their interests in the project.
- Duration of project: The community should be included throughout the duration of the project. This can include consulting with the CLO to ensure that the local businesspeople and the relevant/affected community members are provided with business/employment opportunities within the project. One of the methods that can be adopted by employers and contractors is subcontracting a reasonable percentage of work to qualified local businesses, fostering economic inclusion and trust within communities. Employment opportunities at the relevant grade and skillset to relevant/affected community members has also been evidenced to curb project disruptions and mitigate any unlawful community protests.
- Completion of the project: Communities tend to protect what they believe belongs to the community. Therefore, it is important that construction companies and employers ensure that they incorporate their corporate social investment initiatives in the project’s budget. This would allow communities to see that in protecting the project, they also stand to benefit from it. It is imperative that construction companies ensure that they play a vital role in the community by:
- Developing skills: Investing in programmes that equip local residents with relevant construction skills, creating legitimate employment opportunities that can potentially undermine these opportunistic business forums’ claims and benefit the community even after the completion of the project.
- Tailored procurement policies: Implementing location-specific procurement policies, ensuring local communities benefit from construction projects.
- Community upliftment: Implementing school building projects and feeding schemes.
Alternative remedies
In the unfortunate case where construction companies, employers and communities are faced with a threat of disruption caused by the construction mafia, affected parties must continue to seek legal recourses through proper channels, with relief such as interdicts. These have previously led to arrests and discontinuation of mafia activities.
In order to get the best outcome, CDH suggests collating the following when legal recourses are sought:
- Any information on the construction project, such as the location of the project, the nature of the project, the timelines of the project as well as any contractors who are involved and authorised to be on site.
- As much information as possible about the perpetrators of the disturbances on the construction sites.
- Evidence of direct threats and extortion attempts, including the times, dates and locations where these threats and attempts take place.
- Any expert information/reports where quantity surveyors inform on any delays on the projects or any inflated cost due to the construction mafia’s disturbances.
- Statements from personnel, including security, about any incident as it occurred, and a fully updated security site incident logbook.
- Any proof of reports made to the South Africa Police Services (SAPS) or case number if a case has been opened, information on the police officials involved in the investigation and any witness statements.
- Creating a channel of authorised project representatives that will deal with any incidents related to site disturbance and any demands submitted to the CLO or project manager.
- Records of all stakeholder engagement such as with a local ward councillor, municipal officials, the SAPS and recognised/authorised community leaders and business forum.
Disclaimer: Note that this information and material are provided for general purposes only, and do not constitute legal advice. Please consult with a lawyer on any specific legal problem or matter.
At a glance
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South Africa’s construction industry continues to be held ransom by the construction mafia, costing the country billions of rands in revenue and jeopardising vital infrastructure development.
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It is important to engage stakeholders at the infancy of projects to prevent the construction mafia’s unlawful dealings from negatively impacting construction sites.
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Engagement with the affected communities through recognised and authorised structures/leaders, i.e. local councillors, the municipality etc. becomes vital to develop and maintain infrastructure.
Anyone who is aware of any illegal disturbances that impact construction sites should report these activities to the following contacts:
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Reporting criminal action to the local police station.
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Call the toll-free National Anti-Corruption Hotline on 0800 701 70.
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Contact the Presidential Hotline by dialling 17737 or emailing president@presidency.gov.za.
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Contacting the Special Investigations Unit directly.

Thobeka Dhlamini, candidate attorney at Cliffe Dekker Hofmeyr.
Full acknowledgement and thanks go to https://www.cliffedekkerhofmeyr.com/ for the information in this article. Original authors: Sentebale Makara and Thobeka Dhlamini. Copyright © 2024 Cliffe Dekker Hofmeyr. All rights reserved.
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