Three brothers have been sentenced in the Ntuzuma Magistrate’s Court for stealing copper cable belonging to the Passenger Rail Agency of South Africa (Prasa). Picture: Ian Landsberg.
Durban — The Ntuzuma Magistrate’s Court deviated from the 15-year prescribed minimum sentence for three brothers convicted of copper cable theft belonging to the Passenger Rail Agency of South Africa (Prasa) because they were first-time offenders and were not solely responsible for bringing the railway station to a halt.
Mmeli Nene, 26, Khanyisani Sphamandla Nene, 25, and Mxolisi Nene, 31, were each sentenced to eight years’ imprisonment by Magistrate Ravi Pillay on Thursday for stealing overhead copper electrical cables supplying power or electricity to trains at the Duffs Road Railways Station in KwaMashu.
Magistrate Pillay in his sentence said that he took into account the damage to the cable and its length, 67 meters.
“The accused found these cables already cut and hanging. Two years before this incident this station was already defunct, I take this into account. I can not rope in previous misdemeanours by other people, what they did can not be imputed onto the accused.”
The magistrate did however highlight the prevalence and the seriousness of the offence.
“The public looks to the courts for harsher sentences.”
He also took into account that legislature calls for a very harsh sentence adding that the courts were guided by legislation.
“The accused in mitigation of sentence took the stand and apologised and were remorseful, the court takes into account that they are asking for some sort of mercy even though they could have initially taken the court into their confidence and accepted responsibility however the state had to call witnesses because the accused would take responsibility initially.”
Pillay in his sentence alluded to the fact that enterprises such as Prasa, Telkom as well Transnet had reached a stage of disintegration.
“This is because there was no possibility of rehabilitation and to bring these to what their previous value was in this lifetime due to the extent of damages and the cost of damages to infrastructure which is quite vast,” he said.
In aggravation of sentence, State Prosecutor Ramsamujh said the cost of infrastructure vandalism in the country amounted to about R47 billion.
“The accused were employed and so were motivated by greed to commit this offence, this was not an isolated incident it was carefully planned and executed.”
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