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Copper Bill prescibes mandatory 10-year jail term
30 Jun 2021 at 17:05hrs | Views
THE proposed Copper Amendment Bill will include a clause for a mandatory minimum 10-year jail sentence for those found in possession of copper cables without a valid certificate.
This was revealed yesterday by Home Affairs ministry secretary Aaron Nhepera when he appeared before the Parliamentary Portfolio Committee on Home Affairs to give oral evidence on the proposed amendments to the Copper Act.
He said the Copper Amendment Bill was intended to strengthen current legislation on copper control, adding that it would also provide an outline of offences for dealing in stolen copper, and vandalism of copper infrastructure.
"The Copper Amendment Bill will provide for a requirement for all copper dealers to have a certificate of origin for all the copper they deal in. It will also provide for a mandatory sentence for failure to produce a certificate of origin, and set a minimum of 10 years without the option of a fine.
"Clauses 4 and 5 will amend sections 9 and 10 of the Act on fines, and make it a mandatory sentence if there are no special circumstances peculiar to the case - of a minimum of 10 years without an option of a fine," Nhepera said.
"The Bill makes it mandatory for every dealer to have a prescribed certificate of origin for all copper in their possession which will be provided for in the regulations by the minister.
"In order to ensure that there is legal acquisition of copper and that the whereabouts of copper are determined, it is prudent to insert a new section that makes it mandatory for all copper dealers to have certificates of origin for all the copper in their possession,"
"The current Act in terms of section 6 introduced a clearance certificate which is obtained from the police before a lawful trade in copper is made," he said.
Nhepera said the clearance certificate was not enough to curb illegal possession of copper in that it does not define the copper's origins, hence should work hand-inhand with the certificate of origin.
"The certificate of origin will describe the origins of the copper and should be endorsed by a police officer when passing it from one person to the other, and should include the names and addresses of both the seller and the purchaser or anyone who might have been in possession of copper, the description of the copper, quantity and the reasons for disposal," he added.
This was revealed yesterday by Home Affairs ministry secretary Aaron Nhepera when he appeared before the Parliamentary Portfolio Committee on Home Affairs to give oral evidence on the proposed amendments to the Copper Act.
He said the Copper Amendment Bill was intended to strengthen current legislation on copper control, adding that it would also provide an outline of offences for dealing in stolen copper, and vandalism of copper infrastructure.
"The Copper Amendment Bill will provide for a requirement for all copper dealers to have a certificate of origin for all the copper they deal in. It will also provide for a mandatory sentence for failure to produce a certificate of origin, and set a minimum of 10 years without the option of a fine.
"Clauses 4 and 5 will amend sections 9 and 10 of the Act on fines, and make it a mandatory sentence if there are no special circumstances peculiar to the case - of a minimum of 10 years without an option of a fine," Nhepera said.
"The Bill makes it mandatory for every dealer to have a prescribed certificate of origin for all copper in their possession which will be provided for in the regulations by the minister.
"In order to ensure that there is legal acquisition of copper and that the whereabouts of copper are determined, it is prudent to insert a new section that makes it mandatory for all copper dealers to have certificates of origin for all the copper in their possession,"
"The current Act in terms of section 6 introduced a clearance certificate which is obtained from the police before a lawful trade in copper is made," he said.
Nhepera said the clearance certificate was not enough to curb illegal possession of copper in that it does not define the copper's origins, hence should work hand-inhand with the certificate of origin.
"The certificate of origin will describe the origins of the copper and should be endorsed by a police officer when passing it from one person to the other, and should include the names and addresses of both the seller and the purchaser or anyone who might have been in possession of copper, the description of the copper, quantity and the reasons for disposal," he added.
Source - newsday
