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Daily Maverick
21-05-2025
- Politics
- Daily Maverick
It's time for accountability and action on South Africa's gun violence crisis
In a country where 33 people are shot dead every single day, gun violence in South Africa has reached levels last seen in the late 1990s. The statistics tell a devastating story: murders have surged by 62% and attempted murders by almost 50% over the past decade, with firearms now the weapon of choice in nearly half of all murders and almost 60% of all attempted murders, while organised crime, empowered by easy access to deadly weapons, flourishes. Almost all the firearms used in South Africa's gun violence crisis are domestically sourced, originating from the state and civilians. Latest data show that civilians reported the loss/theft of 8,452 firearms in the 2023-24 financial year – this number includes 1,648 firearms that were lost/stolen from private security companies, while SAPS reported the loss/theft of 741 service firearms in this time. A crisis of accountability South Africa's gun violence crisis is playing out against a range of violations of our international commitments. As a signatory to the United Nations Convention Against Transnational Organized Crime (Untoc), the Southern African Development Community Firearms Protocol, the UN Programme of Action on Small Arms and the Arms Trade Treaty, our government is legally committed to maintaining accurate, comprehensive records of firearms within our borders. Yet South African authorities cannot answer a basic question: how many guns are in our country? The Central Firearms Registry (CFR) produces contradictory reports, even for the same year. Our government has further demonstrated its lack of commitment by downgrading its participation in international mechanisms meant to combat these problems. The Untoc review process – a crucial international accountability mechanism – has been outsourced to a junior official, while South Africa hasn't submitted required reports under the UN Small Arms Programme of Action since 2014. The deadly consequences The connection between this record-keeping failure and gun-related violence is clear. Firearms are both enablers and multipliers of violent crime. They were used in 42% of murders and 58% of attempted murders in periods where data were available. With guns increasingly becoming the weapon of choice for criminals, our government's inability to track and control firearms represents a profound national security failure. The infamous case of police Colonel Christiaan Prinsloo illustrates the deadly serious consequences. As custodian of a police armoury, Prinsloo stole 2,000+ firearms marked for destruction and sold them to organised crime groups, feeding violence across communities. In Prinsloo's initial statement to his lawyer, he described how firearms were 'removed from the police computer' before being sold to criminals. Gun Free South Africa's Prinsloo Guns Class Action, instituted on behalf of affected families, is an attempt to get justice by holding the state accountable for failing to safeguard its weapons. A path forward South Africa doesn't lack solutions—it lacks implementation. Here's what must happen: First, we must tighten controls over licensed firearms held by the state and civilians to prevent leakage and criminal use. This includes urgently repairing our broken Central Firearms Registry, because without accurate information on who owns what firearms for which purpose, all other interventions will fail. This requires both technical upgrades and a cultural shift within the institution, which may require a frank discussion about outsourcing (not privatising) functions. Second, we need to focus on enforcing current firearm-related laws and addressing legislative loopholes that are being exploited. The recently published draft regulations to strengthen controls over private security company firearms is a step forward, but we need an urgent amendment to the Firearms Control Act to align it with legal and constitutional developments in South Africa, as well as our global commitments under conventions like the Convention Against Transnational Organized Crime's Firearms Protocol. In addition to tightening controls over licensed guns to stop leakage into the illegal pool and criminal use, government must prioritise recovering illegal guns already in circulation. The failure of government's flagship crime-prevention operation Shanela – which uses a broad stop-and-search approach – is evident from firearm recovery numbers, which show marginal increases. Thus, a third urgent action is for government to embrace an intelligence-led approach to gun recovery that includes tracking the origin of reclaimed firearms to close leakage loopholes. Fourth, a national firearms amnesty is essential. Unlike previous amnesties in South Africa, this must implement a 'no questions asked' approach, where the focus is on bringing unlicensed guns back under legal control by encouraging owners to either surrender guns for destruction or, in the case of expired licences, apply for a new licence (as an expired licence cannot be renewed). Finally, civil society must be embraced as an ally by the state because it is here that trust is built around sensitive issues, which include gun ownership. Understanding of and respect for the responsibility of owning a gun, including complying with the law around registration, licensing and use, is shaped by culture and community. These relate to issues of power, safety, security, respect and responsibility, which demand a community-based approach. In this respect, civil society must be treated by government as a critical friend (as described by a panellist at the Constructive Dialogue on Firearms in Vienna on 30 April 2025) that plays a key role in promoting and supporting responsible gun ownership, while also providing independent and useful insight and analysis on gun ownership, use and trafficking. A matter of political will South Africa's gun violence crisis is ultimately a test of political will: Does our government have the courage to confront a small but vocal minority who are vehemently opposed to any gun control interventions? South Africa's own experience is a guide to what needs to be done: Between 2000 and 2010, South Africa's gun death rate halved from 34 to 18 people shot dead a day through a range of gun control interventions, including a focus on recordkeeping, passing and implementing stricter gun legislation, holding a national firearms amnesty, using intelligence to recover firearms and involving civil society as a critical friend. In addition, international frameworks and knowledge exist and can be drawn upon. What's missing is determined implementation and accountability.
Yahoo
28-01-2025
- Yahoo
Extradition of alleged ringleader of Edmonton extortion scheme will be waiting game, experts say
Extraditing the accused ringleader of an Edmonton extortion scheme from the United Arab Emirates will be a complex, time-consuming process that will leave his prosecution in Canada in limbo. An expert in extradition law says federal officials may rely on an international convention designed to combat organized crime in their attempt to return Maninder Singh Dhaliwal to Canadian soil. Dhaliwal, 35, is accused of orchestrating a series of arsons targeting home builders in Edmonton's South Asian community. The string of threats and fires, allegedly directed by Dhaliwal from overseas, resulted in a years-long police investigation dubbed Project Gaslight. Edmonton police have requested that Dhaliwal, a Canadian citizen, be extradited to Canada to face trial. Months after a Canada-wide warrant was issued for his arrest in connection with Project Gaslight, Dhaliwal was apprehended late last year in the United Arab Emirates on separate charges. Rob Currie, a professor of international law at the Schulich School of Law at Dalhousie University, says the timeline for Dhaliwal's possible surrender to Canada remains murky. "At this point, they have to wait," said Currie, an expert in extradition law. "It's entirely possible that he will face trial there before he's ever extradited to Canada." Ravi Hira, a criminal lawyer who has acted as Crown and defence on extradition cases, said many questions remain about Dhaliwal's legal fate. It would be unusual but not impossible for the Emirates to surrender a person to Canada, Hira said. The countries have no formal extradition treaty. The U.A.E. will ultimately decide if and when Dhaliwal appears in a Canadian courtroom, Hira said. He said Dhaliwal's status as a Canadian could expedite the process. "There is a rule book, but you can waive the rule book," Hira said. "They may want to have him tried and serve the sentence first before acceding to any extradition request … They have jurisdiction to decide what goes first." Organized crime convention As there is no formal bilateral extradition treaty between Canada and the U.A.E., Currie said Dhaliwal's surrender to Canada would instead be guided by an international treaty that can be enacted when a case involves allegations of organized crime. Canada and the Emirates are parties to the United Nations Convention Against Transnational Organized Crime, a legally binding treaty. Currie said the international convention acts as a backup to the formalized extradition treaties that "more friendly" countries share. With the convention in place, it's unlikely that the Emirates will refuse to extradite Dhaliwal, Currie said. In July 2024, EPS Chief Dale McFee, RCMP Supt. Adam MacIntosh and EPS acting Insp. Dave Paton revealed Maninder Singh Dhaliwal was the suspected ringleader behind the string of extortions and arsons. (Stephen Cook/CBC) The charges against Dhaliwal in Alberta include extortion, arson, and other counts linked to committing an offence in association with organized crime — conspiracy to commit extortion and arson, as well as commissioning those crimes on behalf of a criminal organization. "This is an organized crime case, clearly. And the treaty was designed to do exactly this, to allow countries that don't normally have extradition relations to have them when a case comes up," Currie said. "They're going to use that treaty, which imposes an obligation on the U.A.E. to extradite him to us at some point." Federal government officials have been tight-lipped about the extradition proceedings. Officials with the Department of Justice Canada told CBC that extradition requests are confidential "state-to-state communications." Under Canada's Extradition Act, the International Assistance Group within the federal Department of Justice handles all extradition requests in Canada and functions as an intermediary between Canada and the foreign state. When asked about Dhaliwal, Global Affairs Canada said only that was aware of the detention of a Canadian citizen in the U.A.E. Edmonton police say they don't know what charges Dhaliwal faces in the Emirates or the status of his case there. Project Gaslight Dhaliwal's arrest and impending extradition wraps up the Edmonton Police Service investigation into the extortion scheme known as Project Gaslight. Officers investigated 40 incidents, including arsons, drive-by shootings and firearms offences, but police say the crimes have ceased since last July, when the final arson was reported. WATCH | Arsons, extortions targeted Edmonton home builders: Investigators allege that Dhaliwal is responsible for orchestrating the scheme from abroad — recruiting people in Edmonton, and paying them to deliver threats and later set properties on fire when demands for money transfers went unmet. "This outcome shows criminals that international borders will not protect them, and we will not tolerate this kind of violence in our community, no matter where it originates from," EPS Insp. Duane Hunter said in a statement last week when the extradition request was made public. Case on hold Police said Dhaliwal's case will proceed in the Alberta Court of King's Bench. But the prosecution will remain on hold until Dhaliwal is released into Canadian custody. If the extradition is granted, an RCMP officer would travel to the Emirates to execute an Interpol warrant and bring Dhaliwal home. He would be remanded into custody until a bail hearing is set. Since Dhaliwal has not been arrested in Canada, the prosecution must sit idle, Hira said. A criminal proceeding in which the person being tried is not present can only occur when the charges have already been sworn. "He hasn't been served," Hira said. "Trials in absentia, we don't do that." Court proceedings for Dhaliwal's alleged accomplices, however, are well underway. Five adults charged last year in connection with Project Gaslight are expected to return to an Edmonton courtroom next week.
CBC
28-01-2025
- CBC
Extradition of alleged ringleader of Edmonton extortion scheme will be waiting game, experts say
Social Sharing Extraditing the accused ringleader of an Edmonton extortion scheme from the United Arab Emirates will be a complex, time-consuming process that will leave his prosecution in Canada in limbo. An expert in extradition law says federal officials may rely on an international convention designed to combat organized crime in their attempt to return Maninder Singh Dhaliwal to Canadian soil. Dhaliwal, 35, is accused of orchestrating a series of arsons targeting home builders in Edmonton's South Asian community. The string of threats and fires, allegedly directed by Dhaliwal from overseas, resulted in a years-long police investigation dubbed Project Gaslight. Edmonton police have requested that Dhaliwal, a Canadian citizen, be extradited to Canada to face trial. Months after a Canada-wide warrant was issued for his arrest in connection with Project Gaslight, Dhaliwal was apprehended late last year in the United Arab Emirates on separate charges. Rob Currie, a professor of international law at the Schulich School of Law at Dalhousie University, says the timeline for Dhaliwal's possible surrender to Canada remains murky. "At this point, they have to wait," said Currie, an expert in extradition law. "It's entirely possible that he will face trial there before he's ever extradited to Canada." Ravi Hira, a criminal lawyer who has acted as Crown and defence on extradition cases, said many questions remain about Dhaliwal's legal fate. It would be unusual but not impossible for the Emirates to surrender a person to Canada, Hira said. The countries have no formal extradition treaty. The U.A.E. will ultimately decide if and when Dhaliwal appears in a Canadian courtroom, Hira said. He said Dhaliwal's status as a Canadian could expedite the process. "There is a rule book, but you can waive the rule book," Hira said. "They may want to have him tried and serve the sentence first before acceding to any extradition request … They have jurisdiction to decide what goes first." Organized crime convention As there is no formal bilateral extradition treaty between Canada and the U.A.E., Currie said Dhaliwal's surrender to Canada would instead be guided by an international treaty that can be enacted when a case involves allegations of organized crime. Canada and the Emirates are parties to the United Nations Convention Against Transnational Organized Crime, a legally binding treaty. Currie said the international convention acts as a backup to the formalized extradition treaties that "more friendly" countries share. With the convention in place, it's unlikely that the Emirates will refuse to extradite Dhaliwal, Currie said. The charges against Dhaliwal in Alberta include extortion, arson, and other counts linked to committing an offence in association with organized crime — conspiracy to commit extortion and arson, as well as commissioning those crimes on behalf of a criminal organization. "This is an organized crime case, clearly. And the treaty was designed to do exactly this, to allow countries that don't normally have extradition relations to have them when a case comes up," Currie said. "They're going to use that treaty, which imposes an obligation on the U.A.E. to extradite him to us at some point." Federal government officials have been tight-lipped about the extradition proceedings. Officials with the Department of Justice Canada told CBC that extradition requests are confidential "state-to-state communications." Under Canada's Extradition Act, the International Assistance Group within the federal Department of Justice handles all extradition requests in Canada and functions as an intermediary between Canada and the foreign state. When asked about Dhaliwal, Global Affairs Canada said only that was aware of the detention of a Canadian citizen in the U.A.E. Edmonton police say they don't know what charges Dhaliwal faces in the Emirates or the status of his case there. Project Gaslight Dhaliwal's arrest and impending extradition wraps up the Edmonton Police Service investigation into the extortion scheme known as Project Gaslight. Officers investigated 40 incidents, including arsons, drive-by shootings and firearms offences, but police say the crimes have ceased since last July, when the final arson was reported. WATCH | Arsons, extortions targeted Edmonton home builders: Arrest made in arson and extortion cases in Edmonton and Calgary 2 months ago Duration 1:16 Residents are relieved after Calgary police arrested a man, suspected in arson and extortion cases in Edmonton and Calgary. Investigators allege that Dhaliwal is responsible for orchestrating the scheme from abroad — recruiting people in Edmonton, and paying them to deliver threats and later set properties on fire when demands for money transfers went unmet. "This outcome shows criminals that international borders will not protect them, and we will not tolerate this kind of violence in our community, no matter where it originates from," EPS Insp. Duane Hunter said in a statement last week when the extradition request was made public. Case on hold Police said Dhaliwal's case will proceed in the Alberta Court of King's Bench. But the prosecution will remain on hold until Dhaliwal is released into Canadian custody. If the extradition is granted, an RCMP officer would travel to the Emirates to execute an Interpol warrant and bring Dhaliwal home. He would be remanded into custody until a bail hearing is set. Since Dhaliwal has not been arrested in Canada, the prosecution must sit idle, Hira said. A criminal proceeding in which the person being tried is not present can only occur when the charges have already been sworn. "He hasn't been served," Hira said. "Trials in absentia, we don't do that." Court proceedings for Dhaliwal's alleged accomplices, however, are well underway. Five adults charged last year in connection with Project Gaslight are expected to return to an Edmonton courtroom next week.
