Presenter
:
Major General S Sibiya
Email Address
:
SibiyaShadrack@saps.org.za
Contact Details
:
(012) 846-4002
Facsimile
:
(012) 846-4408
Date
:
28 February 2012
1.
2.
3.
4.
• INTRODUCTION
• COPPER CABLE THEFT
• DRIVERS OF COPPER CABLE THEFT
• LEGISLATIVE FRAMEWORK
SCOPE OF THE PRESENTATION …
5.
6.
7.
• NATIONAL CRIME PICTURE
• ACHIEVEMENTS: 2010 - 2011
• POLICE STRATEGIES
3
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Throughout the Industrialized world, stealing valuable metals has
become a serious threat to the police, business, public utilities, rail
road companies and the community at large.
The export market is fast expanding and South Africa has become
one of the largest exporters of copper to countries such as China and
India.
The consequence of copper theft negatively impacts on victims
financially, production, planning ,profit margins, telephone lines,
electricity and trains.
Collaborative efforts to combat metal theft have occurred for several
decades and is ongoing.
In 1993 the Non-Ferrous Theft Combating Committee (NFTCC) was
established to address the phenomena.
National and Provincial investigations driven by SAPS’ Division:
Detective Service and Directorate for Priority Crime Investigation is
ongoing.
COPPER CABLE THEFT
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Metal theft (including copper cable theft) is theft of items for the value
of their constituent metals. It usually increases when worldwide prices
for scrap metal rise, as has happened dramatically due to rapid
industrialization in India and China. The metals most commonly stolen
are copper, aluminium, brass and bronze. The offence carries possible
Imprisonment of ten (10) years and this will contribute to the
prevention and prosecution of copper cable-related crime.
The defining characteristic of metal theft, besides being limited to items
containing or made entirely from metal, is the motivation for the theft.
Whereas other items are generally stolen for their intrinsic value, metal
items are stolen for their more or less extrinsic value as raw material or
commodities. Items are ultimately scrapped or recycled, to provide
material for making new products.
Ellefsen and eHow Contributor defined Copper Cable theft as theft
of copper or non-ferrous metals from a communications provider that
causes damage to the facility or interferes with the company's ability to
provide service.
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DRIVERS OF COPPER CABLE THEFT
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Law Enforcement Agencies have concluded that many
metal thefts are by drug addicts stealing metal in order
to fund their addictions.
It is believed that most of these drug-related metal
thefts are caused by Methamphetamine (Tik, Nyaope,
etc.) users. This varies by the location where the metal
is being stolen. Regardless of the reason, developing
nations such as China, India and South Korea are everfueling the demand for it.
Socio-economic conditions caused by unemployment
and poverty.
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(Second-Hand Goods Act, 2009 and Act 1955)
The SAPS Administers Second-Hand Goods Act, 2009 (Act
No 6 of 2009) although the act is not yet fully put into
operation, some sections were put into operation as from
13 December 2011 and 16 January 2012. Among these
sections, is section 25(4) which regulate the possession,
acquisition and disposal of cable consisting of controlled
metal of which the covering has been burnt.
 Regulations to provide for accreditation of second-hand
goods dealers’ associations as promulgated on 6
September 2011 under Section 16 to 20 of the Act.
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Section 22(1) :deals with false information and stolen
goods and provides:
◦ A dealer must immediately report the matter to a police
official on duty at the police station in whose area the
dealer carries on business.”
(Second-Hand Goods Act, 2009 and Act 1955)
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Provides a foundation for co-operation and effective law
enforcement. (SAPS Performance Plan 2011 – 2012 –
prioritized the implementation the Second Hand Goods
Act to ensure compliance).
◦ Other laws,VAT, ITAC, Road Traffic Act; Waste
Management; Precious Metals; Consumer Protection;
Municipal etc
◦ Compliance monitoring will be done by associations.
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Minister of Police may extend the powers under the Act,
to officials from other departments and parastatals in
terms of section 31.
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The Prevention of Organised Crime Act, 1998 (Act no.
121 of 1998) does not provide for classification of
certain offences as organised crime. However, all
incidents of a serious nature that fall within the
definition of the various offences provided for in the
Act, are investigated under the Act and submitted to
the Prosecuting Authority for prosecution.
National Crime Picture
Reported Incidents and Arrests : 1 Jan – 31 Dec 2011
Cases
Arrests
9000
7735
8000
7000
5942
6000
5000
4929
6410
6770
6345
6608
5789
6160
5803
5255
4787
4000
3000
2000
1000
0
695
909
891
779
815
912
992
1142
998
1034
910
659
National Crime Picture …
Reported Incidents and Arrests:
Comparison - Jan 2011 and Jan 2012
ACHIEVEMENTS: 2010 - 2011
Copper Cable related material to the amount of
R37,522,947.95 have been seized the period 2010/2011.
 DPCI Non-Ferrous Metal Desk became operational 1
September 2011, to focus on Organised Crime and the
following success were achieved
 Jointly with the role-players, DPCI conducted operations /
inspections in 43 identified scrap metal dealers:
•
◦ 6 Scrap Metal Dealers were closed.
◦ 15 Scrap Metal Dealers were fined for non-compliance.
◦ 22 Scrap Metals Dealers were found to have licences or submitted
applications for renewal of licences.
◦ 8 Organised Crime Syndicates / Groupings were identified and
addressed (29 arrests were made and cases are still in court).
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Pro-Active Approach - In 2009 the Firearm Liquor and Second Hand
Goods (FLASH) was established to deal with the proactive policing of
all scrap metal dealers.
Based on the DPCI Threat and Risk analysis; pro-active deployment
and operations are conducted at scrap metal dealers jointly with the
Divisions: Visible Policing, Criminal Record and Forensic Science
Services and Crime Intelligence in conjunction with the affected role
players.
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Directorate For Priority Crime Investigation selected Non Ferrous
Metals as a national priority crime.
DPCI appointed a Champion to effectively deal with organised crime
syndicates.
National and Provincial Desks have been established in September
2011, to focus on Non Ferrous Metals investigations to enhance coordination and investigations of organised crime syndicates.
The SAPS is presently in discussions with Department of Justice to
investigate the viability to make the minimum sentences under Act
105 of 1997 applicable to serious cases of copper theft.
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Multi-Disciplinary and Collaborative Approach - The Non Ferrous
Crime Combating Committee forum has been established at
National, Provincial, Cluster and Station level and is constituted by
the following role players:
◦ South African Police Service (SAPS);
◦ The Directorate for Priority Crime Investigation (DPCI);
◦ Division: Visible Policing;
◦ Business Against Crime South Africa (BACSA);
◦ National Prosecuting Authority (NPA);
◦ Other Industries: ESKOM, Telkom, Transnet and Gautrain.
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The purpose of the forum is to discuss the nature and extent of the
threat and develop mitigating strategies to address the Copper
related crimes.
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A Standard Operating Procedure has been developed to ensure
information process flow, proper co-ordination and joint execution
of mandates. Further to the establishment of the national forum,
Provincial forum were also established.
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Multi-Disciplinary and Collaborative Approach - Further
engagement with the Department of Trade and Industry,
Department of Economic Development and International Trade
Administration Commission (ITAC) to regulate and control the
import and export processes. Law enforcement agencies in
collaboration with the international trade administration
authorities should focus resources to check every container that
leaves South Africa. This is a challenge and it is critical for us to
address the matter with the DTI and to incorporate stringent
legislation.
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As recommended by Department: Justice and Constitutional
Development, the South African Police Service (DPCI) will engage
to ensure that training is provided to SAPS members and public
prosecutors in order to enhance prevention, investigation and
prosecution of offenders relating to Non Ferrous Metal cases.