AN OVERVIEW OF STOCK THEFT IN SOUTH AFRICA
1. INTRODUCTION AND BACKGROUND
Among various challenges that are faced by South African farmers in general, stock theft is still one of the biggest challenges for livestock farmers. While it affects all provinces and is a priority crime in most provinces except Gauteng, it is a much more serious threat in regions that are bordering other countries (cross-border stock theft) e.g. some areas of the Eastern Cape, Free State, KwaZulu-Natal and Limpopo. Stock theft is not new, and some even consider it to be as old as farming itself. However, cross-border stock theft is said to have intensified in the 1990's and became more widespread, organised and violent. While farmers before had to deal with petty thieves who take three to four sheep at a time, they now have to deal with both these petty thieves and syndicates who steal truck loads of livestock at a time. Stock theft is equally affecting both the commercial and emerging sectors and the latest crime statistics have shown that stock theft has increased in the country.
In some cases of stock theft in commercial farms, farm workers are said to be involved as they provide information about the farm(s) to the stock thieves or syndicates. There have also been reported cases of police and some farmers being involved in stock theft and/or stock theft syndicates. Two months ago, a former police inspector appeared in the Zeerust Magistrate Court in the North West on charges of stock theft worth about R170 000. A commercial farmer from the Karoo was reported to have been colluding with another farmer from the Western Cape in stealing sheep from their neighbours and exchanging the truck loads halfway between provinces during the night. In another case in the Stutterheim area of the Eastern Cape, a farmer who owns two butcheries and his two workers were arrested for stealing cattle from the surrounding township and villages.
A study that was done in rural southern Lesotho, which borders the northern parts of the Eastern Cape Province, showed that the upsurge in stock theft was related to high levels of unemployment as a result of, for example, retrenchments in the mines. The study also found that the high unemployment not only exacerbated household and community poverty in these areas (both sides of the border) but provided willing foot-soldiers for stock thieves. These appeared to be coordinated by well-organised criminal gangs from both Lesotho and South Africa who sell or exchange stolen livestock with each other. Crossborder counter-raids to retrieve lost stock or revenge attacks were also said to be common on both sides of the border.
2. THE LEGISLATIVE FRAMEWORK
The following various pieces of legislation impart on stock theft:
Animal Identification Act, 2002 (Act No.6 of 2002)
This Act is administered by the Department of Agriculture, Forestry and Fisheries (DAFF). Its objective is to consolidate the law relating to the identification of animals as declared by the Minister by notice in the Gazette and to provide for incidental matters. The Act compels livestock owners to have identification marks for their animals; provides for prescription of identification marks, applications for their registration, prohibited marking of animals and registration of marking operators.
Stock Theft Act, 1959 (Act No. 57 of 1959)
The Stock Theft Act is implemented by the Department of Police through the South African Police Service (SAPS). Its objective is to consolidate and amend the law relating to theft of stock and produce, where produce means the whole or any part of any skin, hide, horn or egg of livestock or any wool or mohair.
Private Security Industry Regulation Act (PSIRA), 2001 (Act No. 56 of 2001)
The objective of the Private Security Industry Regulation Act is to provide for the regulation of the private security industry; for that purpose to establish a regulatory authority; and to provide for matters connected therewith.
Criminal Procedure Act, 1977 (Act No. 51 of 1977)
The objective of the Criminal Procedure Act is to make provision for procedures and related matters in criminal proceedings. It is administered by the Department of Justice and Constitutional Development, including the following laws that also impart on stock theft, viz.
Constitution of the Republic of South Africa, 1996 (Act No.1 08 of 1996).
Human Rights Commission Act, 1994 (Act No. 54 of 1994).
3. IMPACTS OF STOCK THEFT
Stock theft has an influence on price increases and threatens the sustainability of the livestock industry as some farmers are leaving the industry due to stock theft. This is a serious concern as South Africa is already importing meat and other livestock products to meet the local demand. According to Mr Aggrey Mahanjana, Managing Director of the National Emergent Red Meat Producers Organisation (NERPO), the meat industry loses approximately more than R300 million per year due to stock theft. The stolen livestock is regularly smuggled across borders to Lesotho, Swaziland and Mozambique.
The security in South Africa's borders and ports of entry has been under question for the past ten years. A visit by two Members of Parliament (in their own capacity) to the South Africa-Lesotho and the South Africa-Zimbabwe borders in July 2009 confirmed the poor state of security in the borders. In the South Africa-Lesotho border, the MPs found that large parts of the border fence and fence poles were stolen; there were about 30 police officers to protect 130 km of landward border and the Police Stock Theft Unit only had three police officers and 13 vacancies. In a Cross-Border Crime Summit that was held in Maluti in 2005, the livestock owners, traditional leaders and community safety and security district liaison committee members accused the police and army members patrolling the South Africa-Lesotho border of doing a sub-standard job, lack of discipline and even running kangaroo courts. Farmers at the Summit also alleged that some police were not familiar with the branding of cattle and could not differentiate between cattle from South Africa and those from Lesotho.
The KwaZulu-Natal (KZN) province is said to be also one of the hotspots for cross-border stock theft as it borders Mozambique and Swaziland. The MEC for Agriculture in KZN, Ms Lydia Johnson also alluded to the diminishing number of livestock farmers due to stock theft. It is estimated that livestock farmers in KZN lost approximately R 109 million due to stock theft in the 2008/09 financial year. According to the Deputy-Minister of Agriculture, Forestry and Fisheries (AFF), Dr Pieter Mulder, the country lost about 34 000 cattle (worth about R255 million), 60 000 sheep (R71 million) and 28 000 goats (R40 million) to stock theft in the 2008/09 financial year, amounting to a total of R366 million. These numbers exclude unreported cases, those that are recovered by the police and the small stock (sheep and goats) that disappear without their owners realising it. Mr Chris van Zyl of the Transvaal Agricultural Union (TAU) attributed the increase in stock theft to a possible withdrawal of resources in the police units in order to be redeployed to the Football World Cup safety priorities. Representatives from AgriSA and TAU also commented that it is becoming increasingly expensive for farmers to insure livestock because of the high risks, which include stock theft.
In the Lesotho study, gang-led stock raids had major negative impacts on households, communities and cross-border interactions, which further extend to national economies. For example, the reduction in the availability of oxen for ploughing fields had a deleterious effect on agriculture in the region. Stock theft further deepened rural poverty and desperation as an entire wealth and livelihood of a household can be wiped out in a single raid. The latter is also true for emerging livestock farmers in South Africa. Stock theft escalation and related violence brings fear and insecurity to rural dwellers that end up abandoning the villages and migrating to towns with the hope of finding employment. This also has an implication for rural-urban migration as well as cross-border migrations as most Basotho will move to South Africa to look for work. Lesotho immigrants were also fingered in the Gauteng case where 25 cattle worth about R200 000, were found 25 km from the farm where they were stolen with their legs slashed and had to be euthanised.
Stock theft also creates tension and suspicion that result in low-level civil wars. In the 1990's, the Tsolo and Qumbu areas in the Eastern Cape saw conflicts associated with stock theft that left an estimated 400 people dead and some families displaced. Three years ago (in 2007), both areas were rated number one and two, respectively, in cases of stock theft nationally. In these areas, the contributing factors to stock theft were cited as non-visibility of police in areas of concern, non-branding of livestock, revenge raids, buying of stolen livestock by communities for ceremonials, poor prosecution or conviction and lack of information network.
4. RESPONSE TO STOCK THEFT
The SAPS has a specialised Stock Theft Unit (STU) that deals specifically with stock theft, which has become one of priority crimes in South Africa. The STU established a National Stock Theft Forum (NSTF) which constitutes the police, farmer organisations, other legal departments and interested parties. In addition, Provincial Stock Theft Forums (PSTFs) have been also established in all provinces to address provincial matters that cannot be solved at a local level. However, there have been complaints from farmers that these are understaffed and are unable to follow up on the few cases that get reported. While it is acknowledged that communication between livestock owners and the SAPS needs improvement, livestock owners are encouraged to contact their PSTFs when they encounter problems regarding investigations of stock theft cases from their local offices. In cases where the Provincial Forum is unable to solve the problem, the case is referred to the National Forum. The SAPS' Stock Theft Unit also has Information Brochures for livestock owners, which outline safety measures including responsibilities (of livestock owners and SAPS) and legal aspects. The DAFF's Resource Centre has Information Packs on Livestock Identification Marks, which also include the process of registering one's identification marks.
In many cases where the police have failed to effectively respond to stock theft, farmers resorted to organising themselves to do farm watches as the expensive security fences that most have to install, do not deter stock thieves. Some considered alternatives for their livelihoods and diversified their farming practices to avoid falling victims to stock theft. The DAFF has liaised with the Ministry of Police to step up police presence and visibility in farming areas to ensure security and safety in farms. The Minister of AFF, Ms Tina Joemat-Pettersson also commented after her parliamentary budget speech last month that soldiers have been deployed to patrol borders to curb stock theft and illegal cross-border movement of agricultural commodities. In the study done in Lesotho, a marked decrease in stock theft was observed in areas where the army is stationed or soldiers patrol the border. The KwaZulu-Natal provincial Department of Agriculture is said to be partnering with farmers and the Police to fight stock theft. To this effect, the provincial Department of Agriculture has been purchasing and distributing branding kits, stock cards and registers to livestock associations. The Eastern Cape government has since 2007 rolled out Community Safety Forums, which are vehicles to implement the Provincial Crime Prevention Strategy (PCPS) at local government level.
Stock theft is not only threatening the sustainability of the country's livestock industry and food security, but destroys high potential genetic material. Cross-border stock theft also increases the country's vulnerability to outbreaks of contagious diseases, e.g. foot and mouth disease. It is obvious that the police are not doing enough to address the problem. While addressing stock theft is not the responsibility of the Department of Agriculture, Forestry and Fisheries, the Department can ensure that farmers are aware of government initiatives and through its extension service, facilitate collaboration with SAPS and other security agencies to address the crime.