New law to protect state assets
Legislation welcomed amid vandalism
WITH criminal syndicates laying waste to a significant section of Cape Town’s commuter rail network through the theft of copper cable, President Cyril Ramaphosa’s signing of the Critical Infrastructure Protection Act has been welcomed.
The legislation repeals the apartheid-era National Key Points Act and states that those found guilty of damaging critical infrastructure can be jailed for up to 20 years.
In incident yesterday a suspected cable thief was electrocuted near Bramble Way in Bonteheuwel next to the railway line. The section of Metrorail’s Cape Flats line between Netreg and Bonteheuwel stations has become notorious as a hotspot for cable thieves.
The man who is suspected of being a member of the Americans gang was taken to the nearby Vanguard Community Health Centre but died of his injuries.
Metrorail’s central line has been out of action for more than a month as cable thieves and arsonists, targeting the beleaguered rail company’s rolling stock have crippled its ability to render a reliable service to communities in areas like Mitchells Plain and Khayelitsha.
Community Safety MEC Albert Fritz welcomed the new law, which Parliament passed back in March.
The law’s purpose is “to provide for measures to be put in place for the protection, safeguarding and resilience of critical infrastructures,” according to the department. The act “further allows for decisive action against people who destroy critical infrastructure such as trains and buses.”
Critical infrastructure, as the Act says, “refers to any building, centre, establishment, facility, installation, pipeline, premises or systems needed for the functioning of society, the Government or enterprises of the Republic.”
Just in the Western Cape alone, police had impounded 1,8km of copper cable and 824kg of stolen metal between October 2018 and June 2019.
Fritz said: “In the face of deliberate attacks on public transport system, this act aims to bring stability back to our public transport system.”
Depending on the risk and intention of the damage caused, those found guilty can either be subjected to fines or imprisonment of up to 20 years.
Niel Slabber(CORR), criminal lawyer at Liddell Weeber & Van Der Merwe Incorporated, has defended clients facing sentences of 15 years in prison for being in possession of essential infrastructure, like train cable.
“The minimum sentence they get is 15 years, if convicted, unless there are substantial and compelling circumstances to deviate from it. I think the law is unfair towards accused people.”
“In my opinion, with the economic situation we face in South Africa and the desperation of people who are in need of money, this problem will continue,” said Slabber, “the only way to stop it is to go after the big scrap companies who buy it from the people.”
Western Cape ANC spokesperson Dennis Cruywagen said national infrastructure was public property.
“Any act of sabotage is a crime against the people of South Africa. Those who are caught should get the maximum sentence,” said Cruywagen.
He added though that the new law will only get its full meaning and efficacy when perpetrators were caught, charged, convicted and sentenced.
“We believe that the law will deter criminals but we are convinced that stiff sentences will cause them to think twice about economic sabotage,” said Cruywagen.
Cosatu’s provincial chairperson Motlatsi Tsubane also welcomed the new law saying the labour confederation had been calling on the government to take strong action against those sabotaging workers.