Copper cable thieves beware
The legislature has declared that the sentence for copper cable theft can be a maximum of 30 years imprisonment or a maximum fine of R100-million.
This is what the acting senior magistrate of the Ekurhuleni East District, Springs, Seodi Mosaka, explains.
Mosaka says the Criminal Matters Amendment Act no.18 Of 2015 makes provision for this law.
“The Act serves:
• To amend The Criminal Procedure Act of 1977, so as to regulate bail in respect of essential infrastructure-related offences;
• To amend the criminal Law Amendment Act. 1997, so as to regulate the imposition of discretionary minimum sentences for essential infrastructure-related offences;
• To create a new offence relating to essential infrastructure; to amend the Prevention of organised Crime Act of 1998, so as to insert a new offence in Schedule 1 to the Act; and to provide for matters connected therewith,” says Mosaka.
“The legislature has enacted this Act and it is the judiciary’s duty to enforce the law.”
“This is the legislative decision.”
Mosaka says the Act and the enforceable laws are informed by the Constitution’s stipulation of state duty to respect, protect, promote and fulfil the rights in the Bill of Rights.
She says part of providing basic services to the public is to ensure the provision of essential infrastructure.
“Essential infrastructure means any installation, structure, facility or system, whether publicly or privately owned,” adds Mosaka.
“The loss, damage of, or tampering with, such infrastructure interferes with the provision or distribution of a basic service to the public.”
Mosaka says the offence is unacceptably high and prevalent in South Africa and poses a risk to public safety, electricity supply, communication and transportation.
“The offences are becoming increasingly more organised and are often committed by armed and dangerous criminal groups,” she says.
“This act recognises the harmful consequences to the livelihood, well-being, daily operation and economic activity of the public.”
“If basic services cannot be provided due to loss, damage or disruption, caused by essential infrastructure-related offences the above will result.”
Mosaka says the offence has a negative impact on South Africa’s economy and society as well as on its peace and stability.
“It is important to note that the offender will only be sentenced if the prosecution has proven its case beyond reasonable doubt,” she adds.
