Justice and Correctional Services Committee says essential infrastructure theft is “economic sabotage”

19 August 2015

The Portfolio Committee on Justice and Correctional Services today received a briefing on the Criminal Matters Amendment Bill, which will impose harsher penalties for infrastructure related offences.

Committee Chairperson, Dr Mathole Motshekga, compared this kind of theft to economic sabotage. “The threat to infrastructure is a threat to the state to exist.”

The aim of the Bill is to change the law relating to the granting of bail and the imposition of minimum sentences in respect of persons accused of essential infrastructure related offences.

The Bill also makes provision for the new offence to be created relating to the tampering with or the damaging or destroying of essential infrastructure. It provides for a severe penalty of imprisonment not exceeding 30 years. The Bill specifies between privately and publicly owned infrastructures providing or distributing basic services, such as energy, transport, communications and water and sanitation to the public.

The Department of Justice and Correctional Services said with economic sabotage there would normally be a political undertone. “People don’t steal copper necessarily to overthrow the government but rather for personal gain.”

The Committee heard that the cost of replacing stolen metal (only from Eskom, Telkom and Transnet) amounted to R13.6 million compared to 12.5 million in April 2014. The Copper theft volume indicator has increased from 179 metric tons in April 2015 from 173 metric tons in March 2015.

The Committee further heard the aim is to ensure that legislation is in place to regulate these aspects adequately instead of having to rely on the common law offence of malicious damage to property, which is often regarding as a minor offence. “As a result of this Bill only a court will now be able to grant bail to persons in custody for essential infrastructure-related offences. The Bill takes away the right of the police or the prosecutors to grant bail in such cases.” The Amendments will further ensure that the courts send out a message in terms of bail indicating the seriousness of the crimes in question.

These offences are increasingly becoming organised and are committed with violence. The Bill therefore also makes provision to deal with organised crime syndicates.

Dr Motshekga said the Bill should go ahead with speed but require social mobilisation to help law enforcement officers to track down criminals. “When these crimes occur, it is the community at large that suffer. Government cannot do this on its own. It is the responsibility of all of us to stop such activities from happening.”

The Committee will call for written submissions and public hearings on the Bill at a later stage.

Statement issued by the Parliament of South Africa, August 19 2015