The FW de Klerk Foundation notes renewed calls by the Cape Crime Crisis Coalition (“C4”) and other civil society organisations for a provincial state of disaster to respond to escalating gang violence on the Cape Flats. The Foundation supports this call in principle, as the current trajectory reflects a complete failure of prevention, investigation and prosecution, and requires urgent, coordinated and lawful intervention.

Gang violence is not only a policing challenge; it is a constitutional crisis. The Bill of Rights guarantees the right to life (section 11), dignity (section 10) and freedom and security of the person, including the right to be free from violence “from public or private sources” (section 12(1)(c)). The state is obliged to “respect, protect, promote and fulfil” rights (section 7(2)). Where children cannot travel safely to school and emergency services require escorts, rights to education (section 29) and healthcare (section 27) are practically impaired and equality (section 9) is placed in doubt.

The Foundation’s analysis, “End The Siege: Reclaiming Communities Held Hostage By Gangs”, records that South Africa’s murder rate is approximately 45 per 100000, that 76 people were shot dead in Cape Town in one week in July 2025, that over 1500 firearms and nearly 40000 rounds of ammunition were seized in recent months and that convictions for gang murders remain around 2-3% (less than 1% in 2026). These numbers are not acceptable and need to be addressed urgently as communities have a right to live in a safe environment. A provincial state of disaster under the Disaster Management Act of 2002 can lawfully strengthen coordination and resourcing without suspending rights. Section 27(1) allows a disaster to be declared when “existing legislation and contingency arrangements do not provide for the national executive to deal effectively with the disaster.” Section 27(2)(a)-(c) allows for the release of state resources and personnel, and the implementation of disaster management plans, while section 27(2)(l) authorises emergency procurement procedures. These powers may be exercised to “assist and protect the public” and “prevent or combat disruption” (section 27(3)).

The Foundation recognises that a state of disaster may permit temporary limitations on certain rights through regulations, as contemplated in section 36 of the Constitution, including measures such as curfews, movement restrictions or limits on gatherings. However, any such limitations must be reasonable, justifiable and proportionate. Unlike a state of emergency under section 37, a state of disaster does not allow for the suspension or derogation of constitutional rights. It is a lawful framework for intensified coordination, oversight and service delivery to restore public safety and protect communities whose rights are already being violated daily by gang violence.

This should be paired with targeted enforcement under the Prevention of Organised Crime Act of 1998 (“POCA”). Section 2 criminalises participation in a “pattern of racketeering activity,” while chapter 6 authorises the seizure and forfeiture of assets derived from criminal enterprises. These tools must be used systematically against gang leadership, alongside strengthened witness protection, specialised gang-court capacity and urgent action to address SAPS shortages and corruption that enable gun leakage.

The FW de Klerk Foundation, therefore, supports the declaration of a provincial state of disaster, provided it is implemented within constitutional bounds, subject to oversight and focused on restoring the rights to life, safety and dignity of the communities under siege. All stakeholders must commit to a transparent, coordinated and time-bound response, with regular public reporting on murders investigated, cases enrolled and convictions secured. Constitutional rights must be protected and enforced in practice, not only on paper.