TWO brothers from Gweru in the Midlands province have been jailed 45 and 48 years, respectively, for vandalising Zesa Holdings infrastructure and stealing over 11 000 litres of transformer oil.
The convicts, Jacob and Masimba Chibunhe, had their sentences confirmed by the Supreme Court bench consisting of Justices Susan Mavangira, Nicholas Mathonsi and Joseph Musakwa.
The two were convicted on 17 and 18 counts, attracting sentences of 45 and 48 years, respectively.
Charges against the two involved vandalising, cutting, damaging, destroying or interfering with apparatus used for transmitting, distributing or supplying electricity as provided under the Electricity Act.
The court heard that from February 11 to June 29, 2013, the two and their accomplices engaged in a co-ordinated criminal enterprise that involved theft of 11 530 litres of transformer oil.
The court heard they targeted at least 18 transformers, siphoning a total of 11 530 litres of oil, thereby causing damage valued at no less than US$96 750.
The stolen oil was sold to omnibus operators with whom they had an assumed market.
Zesa loss control officer Onias Mutambirwa told the court that the theft of transformer oil led to extended power outages, sometimes lasting several days, affecting critical infrastructure and causing severe economic losses.
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He told the court that a single transformer costs between US$36 000 and US$90 000 to replace, and the total damage caused by the two exceeded US$96 750.
Detective Jephta Kayela from the Central Investigation Department Minerals Unit said they tracked the accused persons and discovered 25-litre containers abandoned at the crime scene.
The detective testified that Jacob and Masimba voluntarily led police to multiple locations where transformer oil had been stolen.
However, Jacob denied the charges saying he was in Harare when the alleged offences took place.
He adduced evidence from his wife, Alice Nyashanu, to support his case, but he later produced evidence which placed him at the crime scene.
Masimba admitted one charge of stealing 90 litres on June 28, 2013, but denied involvement in the remaining 17.
The court, however, found them guilty of the offences, resulting in their conviction and sentence, which they appealed at the High Court.
Their appeal was dismissed at the top court.
The High Court said the two did not present any special circumstances that warranted a departure from the mandatory minimum sentence provided for in the Act.
The High Court also said the lower court had been lenient, saying Jacob was, instead, supposed to be slapped with a 170-year jail term, while Masimba deserved 180 years behind bars.
They later approached the Supreme Court for recourse on grounds that the sentence was severe and induced a sense of shock.
They accepted that the Electricity Act imposes a mandatory sentence of 10 years for each count one is convicted of.
They asked the Supreme Court to reduce their sentences to 20 years each.
The Supreme Court judges of appeal said the court had no basis to interfere with the sentences.
“After analysing the totality of the above considerations, the court found that a sentence based on purely the mandatory sentence of 10 years would be draconian, abnormal and excessive to the extreme and induce an extreme sense of shock,” the judges said.
“The court then exercised its discretion and arrived at a calculation of three years per count, with some counts running concurrently.
“This was done in the exercise of sentencing discretion, which, as already stated, was improper, but cannot be upset because, firstly it was favourable to the appellants and, secondly, none of the parties has challenged it.”
The judges dismissed their appeal.
“The appellants have, however, failed to lay any foundation recognised by law for interfering with the sentences, obviously because they benefited from the misdirection,” they said.
“The matter is resolved.
“No basis for interference has been set out. The appeal is completely lacking in merit and stands to be dismissed.
“The appeal be and is hereby dismissed.”
The power utility blames vandalism and theft of electricity infrastructure for plunging most parts of the country into darkness.
The utility says it loses millions of United States dollars annually through theft and vandalism of its infrastructure, particularly copper lines and cables as well as transformers.
Transformers are stripped of their copper windings, oil, bolts and nuts, while clean transformer oil has been traced to restaurants where it is used to fry food due to a high-burn point.
Transmission pylons, on the other hand, are pushed over and stripped of angle irons, nuts and bolts, which are fitted on two-wheeled scotchcarts.
