Public enterprises minister Malusi Gigaba is proposing a legislative review to ensure harsher punishment for those found guilty of cable theft, as a measure to deal with the crime.
In response to a question at the National Council of Provinces, the department said the minister did not make an announcement that cable theft be classified as economic sabotage; however, he does support the proposal to classify it as such.
Gigaba is proposing several legislative amendments to better deal with the issue of cable theft. The first is the inclusion of copper in the definition of precious metal as defined in the Precious Metal Act, 2005.
“The Act defines precious metal as gold, any metal of the platinum group and the ores of such metals, and any other metal that the minister of minerals and energy has declared by notice in the Gazette to be a precious metal,” says the department.
The second proposal is to amend the Second Hand Goods Act, 2009, to address gaps in the market into which the stolen metal and cable are disposed.
Economic offence
It adds that there should also be amendments to the International Trade Administration Act to ensure that trading in or exporting stolen copper is categorised as a serious economic offence.
The minister has also proposed the amending of the Miscellaneous Offences Act to ensure that theft and illegal possession of non-ferrous metals are covered by the Act; and secondly, to introduce strict and harsher punishment than currently provided for.
Schedule II of the Criminal Procedure Act 1977 should also be amended to criminalise any offence under any law relating to the illicit dealing in or possession of precious and non-ferrous metals, says the department.
It adds that these proposed amendments will require a collaborative effort with other government departments. The departments that need to form part of the inter-governmental task team to review the legislations are the Department of Mineral Resources, South African Police Services, Department of Trade and Industry, and Department of Justice and Constitutional Development.
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