JAIL TERM FOR TEMPERING WITH ESSENTIAL INFRASTRUCTURE
The Port Nolloth Regional Court has sentenced Philemon Hermanus (40), to 12 years of direct imprisonment after he was convicted of tampering with essential infrastructure. The sentencing of Hermanus emanates from an incident in the early hours of 31 May 2022, when the Police IN Port Nolloth, received a complaint from a member of the public about a banging sound coming from Burden Street in Port Nolloth. The police responded swiftly and found two people on a stepladder leaning against a telephone pole. Upon spotting the lights of the police vehicle, the suspects ran away and the police gave chase. The police managed to apprehend Hermanus, but his co-accused managed to get away. At the scene, the police found the stepladder, and an axe and also found that the Telkom copper cable was dug out and cut. The accused was charged with one count of tampering with essential infrastructure in the alternative attempted theft of copper cable.
At the start of the trial, even with enough evidence against him, the accused chose to plead not guilty. He told the court that he was on the scene to steal gravel to look for uncut diamonds and that he heard someone banging against a pole in the dark. The court rejected his version, and he was found guilty on the count of tampering with Essential infrastructure. As part of fortifying its case against the accused, the prosecution team called the technician working for Telkom., who testified as to the costs involved in restoring the damages caused as a result of the tampering as well as the effect of the tampering on the community.
In aggravation of sentence, Regional Court Prosecutor Basil Kock highlighted the prevalence of the offence as well as the fact that this is now a national problem that has become so serious that legislation was enacted to allow it to fall within the ambit of the minimum legislation. The prosecutor further argued the importance of the courts to sentence perpetrators of such crimes to appropriate sentences which will send a clear message to other transgressors, that the government is serious about fighting essential infrastructure-related crimes. In sentencing, the court found that there were substantial and compelling circumstances to deviate from the prescribed minimum sentence, and the accused was sentenced to 12 years imprisonment.
The National Prosecuting Authority would also like to thank the South African Police Service, particularly the Investigating Officer Constable Rogerio Esau who ensured that the investigations were done and completed properly to ensure that the accused is sentenced appropriately.
