An exploration of the use of modus operandi to investigate illegal occupation of properties within the Johannesburg’s inner-city area

Abstract

This dissertation explores the phenomenon of illegal building occupation, commonly referred to as "building hijacking", within Johannesburg’s inner-city Region F, a densely populated area marked by socio-economic challenges, urban decay, and housing shortages. This study investigates the modus operandi employed by perpetrators to unlawfully seize control of buildings, often through fraudulent title transfers, impersonation, rental scams, and forceful takeovers. These actions are frequently facilitated by organised syndicates and, in some cases, corrupt officials, contributing to a cycle of lawlessness and disinvestment in the city’s core. Using a qualitative, phenomenological research design, this study draws on a comprehensive literature review and semi-structured interviews with thirteen investigators from the City of Johannesburg’s Group Forensic and Investigation Services. This research reveals that perpetrators exploit legal ambiguities, particularly within the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), to avoid prosecution and reoccupy properties even after eviction. Investigators face numerous challenges, including lack of cooperation from tenants, threats from syndicates, legal constraints, and limited municipal resources. The findings underscore the critical role of modus operandi analysis in identifying patterns of criminal behaviour and enhancing investigative effectiveness. This study highlights the need for improved inter-agency collaboration, enhanced training for investigators, legal reform, and public awareness campaigns. It also recommends the integration of technological tools and the strengthening of property management practices to prevent future hijackings. By illuminating the operational strategies of building hijackers and the systemic vulnerabilities they exploit, this research contributes to academic discourse, informs law enforcement practices, and supports policy development aimed at restoring urban integrity and safeguarding property rights in Johannesburg’s inner city.