Cable theft
Ensuring the criminals end up behind bars
It is difficult to police the scrap metal market effectively due to the fact that the legislation that regulates it is outdated and inadequate (Act 23 of 1955). This Act was not designed to deal with scrap trading in the modern day environment. Draft legislation in the form of a revised Second Hand Goods Act is in its final stage of promulgation.
Catching the criminals is one thing, but knowing how to prepare the docket is another. In the National Non-Ferrous Metal Theft Combating Committee Newsletter (Second Quarter 2007) a State Prosecutor in the Middelburg Magistrate's Court in Mpumalanga, Mr Werner de Lange, said a person can be charged with the following in accordance with the current Second Hand Goods Act 23 of 1955.
Section 3 read with Sections 11 and 13
Section 7(a) read with Sections 11 and 13
Section 7(b) read with Sections 11 and 13
Section 7(c) read with Sections 11 and 13
Section 8 read with Sections 11 and 13
Section 9(a) read with Sections 11 and 13
Sections 9(b) read with Sections 11 and 13
Section 11(b)
Section 11(c)
Section 11(d)
It is very difficult to identify the origin of cable once it has been stripped of its plastic casing. As a result, scrap metal merchants caught with stolen cable are often charged with being in possession of "suspected" stolen material, (a lesser offence than theft) for which the current penalty is only a maximum of 1 year's imprisonment.
As already said, the original Act (Act 23 of 1955) has become outdated. The draft Bill was published in the Government Gazette on 28 October 2007 and was open for comment until the first week of December 2007.
Every South African has the Constitutional right to have access to food and water and essential services such as electricity and telephone lines. Unfortunately there are too many criminals out there crippling our networks, leaving our community and businesses without electricity and telephone lines. Why must law abiding, tax paying citizens suffer while criminals get away with their misdeeds?
Sources:
The National Non-Ferrous Metal Theft Combating Committee Newsletter: 2nd Quarter 2007
Information obtained during IQPC Conference on Combating Non-Ferrous Metal Theft
www.bac.co.za - accessed on 22 November 2007.
www.iol.co.za - accessed on 22 and 27 November 2007 and 4 December 2007
www.copper.co.za - accessed on 29 November 2007.
http://mybroadband.co.za/nephp/?m=show&id - accessed on 6 December 2007