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PRIVATE MEMBER'S LEGISLATIVE PROPOSAL: HENNIE BEKKER MP

THE PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES AMENDMENT BILL, 2007

MOTIVATION

I have on numerous occasions over the past few years drawn attention to the scourge and devastating effect of cable theft in South Africa. This is one of the most serious economic crimes that are today being committed in South Africa. Not only does it disrupt essential services, but it also has serious cost implications for our economy.

Last year Business Against Crime reported that the theft of copper cables cost the South African economy an estimated R5 billion per year, according to figures from Eskom, Telkom and Spoornet. These three companies spent approximately R5 billion replacing stolen cables during that financial year.

This theft and/or destruction of copper cables disrupts the economy, the provision of essential services to the public in general and private lives and could result in a human disaster. Just this past week, irate commuters torched a number of trains in Thembisa because of delays caused by cable theft.

Statistics have also shown that from 2005 to 2006 there was a 70% increase in the reporting of these incidents of crime by Telkom, Eskom and Transnet Freight Rail.

In answers to parliamentary questions, members of the executive have informed me that Eskom suffered losses of R25, 2 million as a result of 1 596 incidents of cable theft during the 2007 calendar year, while Telkom suffered a direct loss of R203 million and estimated revenue loss of R368 million in the same period. These answers are attached to this memorandum.

It is obvious that these crimes can no longer be treated as simple common theft as the existing fines and sentences do not serve as an adequate deterrent.

It is my view that the theft of copper cable by "informal collectors" and the subsequent sale of it to persons or businesses that recycle it for resale in the open market, or overseas export is an act purely for financial gain. However, if the subsequent disruption to and losses for our economy is taken into account, this crime has far greater implications for South Africa's stability and security as a whole.

It is therefore my position that the objective of financial gain forming the basis of theft and/or destruction of copper cable should be included in the definition of a terrorist activity as defined in the Protection of Constitutional Democracy against Terrorist and Related Activities Act (Act No. 33 of 2004).

Doing so would ensure that- this crime is no longer regarded as a petty crime and perpetrators would be faced with the severe penalties provided for in section 18 of the Act, including imprisonment for life.

The main objectives of the legislative proposal before the Committee are to:

1. Amend the definition of "terrorist activity" in section 1 of the Act. It is proposed that the section be amended to make provision for –

•	The inclusion of the delivery of electricity services as an essential service a terrorist activity is designed to interfere with or disrupt;

•	Expanding the intention of committing a terrorist activity to also include the result of financial loss; and

•	Rendering it possible to also commit a terrorist activity purely for financial gain with regard to the activities referred to in section 1 (a) (vi) to (viii).

2. Amend section 3 of the Act to also render those persons, especially scrap metal dealers, who directly or directly benefit from the theft of copper cable, liable in terms of the provisions of the Act

I am confident that all Ministers will support this legislative proposal, but a serious concern is that no one is currently taking the lead to effectively address cable theft and its resultant economic disruption and losses.

It is for these reasons that I have decided to introduce this legislative proposal to deal with cable theft in a much stricter way than currently provided for in law.

Thank you

HENNIE BEKKER MP

THE PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES AMENDMENT BILL, 2007

(As introduced in the National Assembly as a section 75 Bill) (The English text is the official text of the Bill)

(MR HJ BEKKER, MP)

[ B…2007 ]

(ii) involves the systematic, repeated or arbitrary release into the environment or any part of it or distributing or exposing the public or any part of it to-

(a a). any dangerous, hazardous, radioactive or harmful substance or organism;

(bb). any toxic chemical;

(cc). or any microbial or other biological agent or toxin;

(iii). endangers the life, or violates the physical integrity or physical freedom of, or causes serious bodily injury to or the death of, any person, or any number of persons;

(iv). causes serious risk to the health or safety of the public or any segment of the public;

(v). causes the destruction of or substantial damage to any property, natural resource, or the environmental or cultural heritage, whether public or private;

(vi) is designed or calculated to or may cause serious interference with or serious disruption of an essential service, facility or system, or the delivery of any such service, facility or system, whether public or private, including, but not limited to

(aa) a system used for, or by, an electronic

system, including an information system;

(bb). a telecommunication service or system;

(cc). a system used for the delivery of essential electricity services:

(dd). a banking or financial service or financial system;

(ee). A system used for the delivery of essential government services;

(ff). a system used for, or by, an essential public utility or transport provider;

(gg). an essential infrastructure facility; or

(hh). any essential emergency services, such as police, medical or civil defence services;

(vii) causes or may cause any major economic loss or extensive destabilisation of an economic system or substantial devastation of the national economy of a country; or

(viii) creates or may create a serious public emergency situation or a general insurrection in the Republic, whether the harm contemplated in paragraphs (a) (i) to [(vii)] (viii) is or may be suffered in or outside the Republic, and whether the activity referred to in subparagraphs (ii) to [(vii)] (viii) was committed by way of any means or method; and

(b). which is intended, or by its nature and context, can reasonably be regarded as being intended, in whole or in part, directly or indirectly, -
(i) threaten the unity and territorial integrity of the Republic;

(ii) result in. intimidate, or to induce or cause feelings of insecurity within, the public, or a segment of the public, with regard to its security, including its economic security or stability, or to have as a result. induce, cause or spread feelings of insecurity. terror, fear or panic in a civilian population, or. in the case of the activities referred to in paragraph (a)(vi) to (viii). result in financial losses; or

(iii) unduly compel, intimidate, force, coerce, induce or cause a person, a government, the general public or a segment of the public, or a domestic or an international organisation or body or intergovernmental organisation or body, to do or to abstain or refrain from doing any act, or to adopt or abandon a particular standpoint, or to act in accordance with certain principles, whether the public or the person, government, body, or organisation or institution referred to in subparagraphs (ii) or (iii), as the case may be, is inside or outside the Republic; and

(c). which is committed, directly or indirectly, in whole or in part, for the purpose of the advancement of an individual or collective political, religious, ideological or philosophical motive, objective, cause or undertaking, or, in the case of the activities referred to in paragraph (a)(vi) to (vim, purely for financial gain."

Amendment of section 3 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.

2. Section 3 of Act, 2004, (hereinafter referred to as the Act) is hereby amended by the substitution for subsection (2) of the following subsection:

" (2) Any person who-

(a) provides or offers to provide any weapon to any other person for use by or for the benefit of an entity;

(b) solicits support for or gives support to an entity;

(c) provides, receives or participates in training or instruction, or recruits an entity to receive training or instruction;

(d) recruits any entity;

(e) collects or makes a document; [or]

(f) possesses a thing, or

(g) provides, participates in or receives any

financial benefit.

connected or associated with the engagement in a terrorist activity, and who knows or ought reasonably to have known or suspected that such weapons, soliciting, training, recruitment, document, [or] thing or financial benefit is so connected...associated, is guilty of an offence connected with terrorist activities."

Short title and commencement

3. This Act is called the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act, 2007, and comes into effect as soon as possible on a date set by the President by proclamation.,

MEMORANDUM ON THE OBJECTS OF THE PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES AMENDMENT BILL, 2007

1. BACKGROUND

1.1 Statistics indicate that the theft and/or the destruction of copper cable that disrupts electricity supply, telecommunications and rail services, causes an estimated loss to South Africa in the order of R5 billion a year.

1.2 This theft and/or destruction of copper disrupts the economy, the provision of essential services to the public in general and private lives and could result in a human disaster.

1.3 Statistics have also shown that from 2005 to 2006 there was a 70% increase in the reporting of these incidents of crime by Telkom, Eskom and Transnet Freight Rail.

1.4 From the above it is evident that that the present situation of regarding these increasing incidents of crime simply as the offence of "common theft" with its consequential sentences following conviction, no longer serves as an adequate deterrent for these crimes and it is essential that it should also be defined as a terrorist activity - were it, as a result of its implications and disruptions, deserves to belong.

1.5 At present the theft or damage of copper cable does not constitute an act that is designed to disrupt an essential service or the delivery of such service, causes major economic loss or create a serious public emergency situation. It also does not constitute an act that is intended to induce or cause feelings of security with the public. This is simply because at present such act is apparently not committed for the purpose of the advancement of a political, religious, ideological or philosophical motive, objective or undertaking. If it were, such acts would have constituted a terrorist activity as defined by the Protection of Constitutional Democracy against Terrorist and Related Activities Act, Act No. 33 of 2004.

1.6 If it were not for the fact that the theft of copper cable by "informal collectors" and the subsequent sale of it to persons or businesses

that recycle it for resale in the open market, is an act purely for financial gain, such act in all material aspects and as a result of its possible consequences would have constituted a terrorist activity.

1.7 By including the objective of financial gain forming the basis of theft and/or destruction of copper cable in the definition of a terrorist activity, will ensure that this crime no longer will be regarded as a petty crime and will be dealt with according to the provisions of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, Act No. 33 of 2004. Perpetrators of this specific offence will now be faced with the severe penalties provided for in section 18 of the Act, including imprisonment for life.

1.8 Defining the theft and/or destruction of copper cable as an terrorist activity will result in the following to be immediately implemented:

(i) Proactive actions to prevent incidents on sensitive installations supplemented by intelligence driven operations in "hotspots" where cable thieves are active;

(ii) Aggressive policing of the scrap metal market;

(iii) Ongoing awareness initiatives aimed at relevant utilities and government departments; and

(iv) Establishing an internal capacity to address copper cable theft on a continuous basis.

1.9 This Bill contains certain amendments that will give effect to this proposal.

2. OBJECTS OF THE BILL

The objects of the Bill are briefly explained below.

2.1 Clause 1 seeks to amend the definition of "terrorist activity" in

section 1 of the Act. It is proposed that the section be amended to make provision for -

(i) The inclusion of the delivery of electricity services as an essential service a terrorist activity is designed to interfere with or disrupt;

(ii) Expanding the intention of committing a terrorist activity to also include the result of financial loss; and

(iii) Rendering it possible to also commit a terrorist activity purely for financial gain with regard to the activities referred to in section 1 (a) (vi) to (viii).

2.2 Clause 2 provides for an amendment of section 3 of the Act to also render those persons, especially scrap metal dealers, who directly or directly benefit from the theft of copper cable, liable in terms of the provisions of the Act.

3. DEPARTMENTS/BODIES/PERSONS CONSULTED

Apart from the constituency of the Inkatha Freedom Party, no other departments, bodies or persons were consulted

4. IMPLICATIONS FOR PROVINCES

There are no implications for provinces

5. FINANCIAL IMPLICATIONS FOR STATE

There are no financial implications for the State

6. PARLIAMENTARY PROCEDURE

The opinion is held that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

NATIONAL ASSEMBLY WRITTEN REPLY

QUESTION NO: 18

DATE OF PUBLICATION: 8 February 2008

QUESTION PAPER NO: 1

DATE OF REPLY: 14 February 2008

Mr. HJ Bekker (IFP) asked the Minister of Communications:

What was the (a) total cost of damages suffered by Telkom and (b) estimated total cost to the economy, of cable theft from Telkom in 2007?

REPLY:

(a) Operational Expenditure (Opex) to repair cable theft incidents for the 2007 financial year and subsequent estimated outbound revenue loss are as follows:

Copper theft (R million) 197.5

Fibre theft (R million) 5.5

Total: 203.0

Estimated revenue loss (R million) 368.1

(b) Telkom has not undertaken any specific study on the impact of copper theft on the economy however Business Against Crime has reported last year (2007) that the impact is at least ten fold. See below report....

The theft of copper cables cost the South African economy an estimated R5 Billion per year, according to figures from Eskom, Telkom and Spoomet. These three companies spent approximately R5 Billion replacing stolen cables during the past financial year.

Ms. Lorinda Nel, a project manager at Business Af!ainst Crin:e said: "The indirect services, labour costs to repair the affected networks as well as security measures".

State Attorney's office in various provinces. The Fund has started handing over the debts to the State Attorney's office for pursuit.

END

NATIONAL ASSEMBLY QUESTION FOR WRITTEN REPLY IQP: 02-2008

Question 109

Mr H J Bekker (IFP) to ask the Minister for Public Enterprises:

What was the (a) total cost of damages suffered by Eskom, and (b) estimated total cost to the economy, of cable theft from Eskom in 2007? N371 ENG

Reply:

(a-b) Eskom suffered losses of R 25,2 million as a result of 1596 incidents of cable theft during the 2007 calendar year.

It is difficult to assess the impact of cable theft on the economy, as the impact is widespread; however there have been discussions between Eskom and the department on viable assessment studies.