Supreme Court dismisses Zesa vandals' lengthy jail term appeal

Two brothers from the Midlands Province have been sentenced to a combined 93 years in prison after being convicted of vandalising ZESA Holdings infrastructure and stealing over 11,000 litres of transformer oil, in a case that highlights the costly impact of electricity infrastructure theft on Zimbabwe's economy.

Jacob and Masimba Chibunhe, who were convicted on 17 and 18 counts respectively, were handed prison terms of 45 and 48 years. Their sentences were recently upheld by the Supreme Court bench composed of Justices Susan Mavangira, Nicholas Mathonsi, and Joseph Musakwa.

The offences occurred between February and June 2013, during which the two brothers and accomplices engaged in a coordinated operation that involved vandalising and siphoning oil from at least 18 ZESA transformers. The total volume of stolen transformer oil was 11,530 litres, causing damage estimated at over US$96,750.

ZESA Loss Control Officer Onias Mutambirwa told the court that the theft resulted in prolonged power outages, in some instances lasting several days. These outages affected critical infrastructure, disrupted economic activity, and endangered public services.

"A single transformer can cost between US$36,000 and US$90,000 to replace," Mutambirwa testified, underscoring the financial impact of the Chibunhe brothers' actions.

Investigations by the CID Minerals Unit, led by Detective Jephta Kayela, uncovered 25-litre containers at crime scenes and linked the accused to the stolen oil. The brothers later led police to several locations where the transformer oil had been illegally extracted.

Despite initial denials—Jacob claiming he was in Harare and producing testimony from his wife, Alice Nyashanu, and Masimba admitting to only one incident—the evidence overwhelmingly proved their guilt. Both were convicted and sentenced at the High Court, which noted the accused had not demonstrated any special circumstances to merit a reduction in the mandatory minimum sentence stipulated under the Electricity Act.

The Act mandates a 10-year prison term per count for vandalism and theft of electricity infrastructure.

The High Court, in its ruling, even stated that the imposed sentences were lenient, arguing Jacob should have faced up to 170 years and Masimba 180 years based on the statutory minimum.

Following dismissal of their appeal by the High Court, the brothers sought relief from the Supreme Court, arguing that the sentences were excessive and induced a "sense of shock." They proposed a reduction to 20 years each.

However, the Supreme Court dismissed their appeal, concluding that the original sentencing—though irregularly reduced from the mandatory minimum to an average of three years per count—was in fact favourable to the appellants.

"After analysing the totality of the above considerations, the court found that a sentence based purely on the mandatory sentence of 10 years would be draconian, abnormal, and excessive to the extreme," the Supreme Court stated. "The appeal is completely lacking in merit and stands to be dismissed."

The Chibunhe brothers' case has renewed focus on the ongoing crisis of infrastructure vandalism. ZESA Holdings has repeatedly blamed theft of copper cables, transformer components, and pylons for the frequent blackouts affecting large parts of the country.

Transformer oil, prized for its high burning point, has reportedly been traced to the informal market, where it is resold to public transport operators and even restaurants for frying food.

The utility continues to lose millions of dollars annually, with authorities calling for stiffer enforcement and community cooperation to curb this destructive trend.