MBOMBELA – Imprisonment of three months or a R500 fine- is this an appropriate sentence for electricity theft in Mbombela? The recent water shortage of four days in White River, caused by illegal electricity connections at Msholozi village (Phumlani) near Rocky Drift, has once again highlighted the repercussions of this crime.
The by-laws of the Mbombela Local Municipality state the above as well as a fine not exceeding R100 for every day during the continuance of the offence or, in default of payment, to imprisonment for a period not exceeding 30 days. A second or subsequent offence liable can result in a fine not exceeding R5 000 or, in default of payment, to imprisonment for a period not exceeding six months.
How serious are authorities about tackling this type of theft? Since Eskom launched its the Operation Khanyisa in 2010 , more than R243 million in revenue has apparently been recovered. This includes over R200 million recovered from the large power user sector, and more than R43 million in tamper fines issued from 2010 to 2013. A total of 112 arrests for electricity theft had been made.
Yet is has taken the local Eskom officials nine months to disconnect an obvious illegal connection in Emoyeni, Pienaar. It was first reported by a property manager for a bank on April 11, 2013 at Eskom in Brown Street, Nelspruit. According to him, he called Eskom every month (sometimes twice or more) to follow up on the status of the report.
The article regarding the illegal connections at Msholozi prompted the man to contact Lowvelder to pursue the case. The paper then contacted Eskom on January 9, and was informed by the complainant that the connection would be removed later that same day.
Eskom spokesman, Mr Eric Khoza responded that Eskom cared about the safety of its customers and the general public. “Eskom removed the illegal connections in question on January 9. Anyone who comes across electricity irregularities can report it to their nearest Eskom offices, nearest police station or send an anonymous SMS to 32211,” he said.
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Why you should be concerned about electricity theft?
• It contributes to power outages
• Electricity theft threatens the stability of power supply, and can therefore contribute to power outages. These outages are more than an inconvenience and, when businesses and hospitals are affected, can also threaten lives and jobs.
• It contributes to higher costs
• Government has estimated that electricity theft costs South Africa a massive R4,4 billion every year.
How do you report this type of crime?
Tip-offs can also be submitted on www.crimeline.co.za or anonymously via SMS to Crime Line at 32211(R1/SMS). People can report electricity theft on Eskom’s reporting line – 0800 11 27 22 (toll-free and confidential).
The information provided to Crime Line is sent to Eskom or municipalities for follow up and to take action such as disconnection, fines and/or criminal prosecution. Where criminal action is required, cases are sent to the South African Police Service (SAPS) for further investigation.
What are the legal implications of stealing electricity?
The culprit could be charged criminally, and face conviction and imprisonment or any of the other conventional criminal penalties. There are other laws such as the Proceeds of Crime Act (POCA) which further allow the appropriate authority to seize and confiscate assets owned by the culprit, where they were purchased with proceeds of the crime, or used in the commission of the crime (which might include the house itself).
Additionally the culprit could be charged with meter tampering charges by the local authority, and in addition, for deemed consumption charges based on the average of the culprit’s actual metered consumption, for the period in respect of which the theft occurred.
Any person who contravenes or fails to comply with the by-laws shall be guilty of a criminal offence and upon conviction be liable for a fine or imprisonment. The owner or occupier shall be deemed guilty of the breach of by-law unless can show they did not know and still exercised reasonable diligence in that time period. The municipality has the option of calculating the sum to charge for electricity at the highest rate applicable from the date of contravention.
If the culprit is not the owner, what could the consequences be for the owner?
The law provides that property owners are ultimately responsible for all charges incurred in connection with the property, which includes deemed consumption fees for unlawful use, and meter tampering fees.
(Source: https://www.operationkhanyisa.co.za/ and www.mbombela.gov.za)
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