DEPARTMENT: PUBLIC ENTERPRISES
REPUBLIC OF SOUTH AFRICA
NCOP
QUESTION FOR WRITTEN REPLY
QUESTION NO.: 101
DATE OF PUBLICATION: 09 March 2012
101. Mr K A Sinclair (COPE-NC) to ask the Minister of Public Enterprises:
(1) Whether, with reference to his announcement that cable theft will be
classified as economic sabotage, he has taken any steps to set a deadline
to give effect to the said intention; if not, why not; if so, what are the
relevant details;
(2) What (a) measures are in place to deal with cable theft and (b) are the
details of creating the necessary legal framework to deal with this
problem? CW146E
Reply:
1. The Minister of Public Enterprises did not make an announcement that
cable theft be classified as economic sabotage. However, the Minister
supports the proposal to classify cable theft as economic sabotage.
2. The Minister proposes a legislative review to ensure harsher punishment
to those found guilty of cable theft as a measure to deal with cable
theft.
The following are the legislative amendments that the Minister is
proposing:
⢠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.
⢠Amending the Second Hand Goods Act, 2009 - to address gaps in the
market into which the stolen metal and cable are disposed;
⢠Enforcing the licenses necessary to trade in second-hand goods - in
this way dealers who bought the stolen metal and cable will be
obliged to be registered as second-hand dealers and would have to
account for the goods or face criminal charges.
⢠Amending the International Trade Administration Act - to ensure that
trading in or exporting stolen copper is categorised as a serious
economic offence;
⢠Amending 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;
⢠Amending Schedule II of the Criminal Procedure Act 1977 to
criminalise any offence under any law relating to the illicit dealing
in or possession of precious and non-ferrous metals.
These proposed amendments will require a collaborative effort with other
Government departments. The following are Departments which need to form
part of the Inter-Governmental task team to review the legislations:
⢠Department of Mineral Resources,
⢠South African Police Services,
⢠Department of Trade and Industry, and
⢠Department of Justice and Constitutional Development.