The Democratic Alliance (DA) says the decision by KwaZulu-Natal Public Works MEC Sipho Nkosi to meet with the construction mafia is akin to negotiating with terrorists.

Nkosi announced the decision this week during a visit to Menzi High School where a R40-million extension project has been disrupted at least six times by various construction mafia groups.

This has forced government officials to extend the project's completion deadline.  

Nkosi said if his discussions with the mafia did not yield the intended results, the government would call on the intervention of law enforcement agencies, News24 reported.

In a statement, DA MP Sello Seitlholo said Nkosi's move was unprecedented and accused him of "trying to shield the construction mafia groups from criminal liability by stepping into the purview of law enforcement organisations".

"The extortion activities of the criminal mafia are now a direct threat to the national interest as the multibillion-rand construction industry has practically been held to ransom by marauding gangs demanding a 30% cut on contracts," he added.

"Nkosi's ridiculous plan, if allowed to go ahead, will set a dangerous precedent where criminal organisations will engage in unlawful activities in order to force government to the negotiating table," Seitlholo said.

Letter to Hawks head

He added the party had written to the head of the Hawks, Lieutenant-General Godfrey Lebeya, to use his authority in terms of Section 17D of the South African Police Service Act, 1995 to officially designate the construction mafia and "its related extortion activities" as a national priority crime.

Seitlholo said the actions of the mafia were organised crimes that required specialist investigators and Lebeya could intervene.

"Section 17D[1][a] of the act provides that the Hawks should act to prevent, combat and investigate national priority offences, which in the opinion of the head of the directorate, need to be addressed by the directorate," he added.

Government response

Public Works Minister Sihle Zikalala said law enforcement agencies were already making inroads in fighting the activities of the construction mafia.

"The government through the Ministry of Police has tasked the organised crime investigations detective services as well as the serious organised crime [unit] within the Directorate for Priority Crime Investigations to look into this matter urgently. A national forum has been established to coordinate the cases in all affected provinces," he added.

Zikalala said the department's focus was on extortion-related crimes, attempted murder, common robbery, conspiracy to commit murder, incitement to public violence, contempt and contravention of court orders.

He added the police were investigating 682 cases and made 702 arrests to date.

However, the conviction rate is unclear.