James Banda during his courtroom appearance yesterday
* Police arrested James Banda at Malingunde Trading Centre on October 7 while attempting to sell the aluminium which he had burnt, cut into pieces and stuffed in a sack
* He will serve jail for damaging the conductor contrary to section 45 (4) (b) of the Electricity Amendment Act of 2024
* Three years for theft contrary to section 271 as read with section 278 of the Penal Code and 4 years for personating an ESCOM employee
Maravi Express
A Lilongwe man, identified as James Banda will spend 12 years in jail after being convicted of impersonating, stealing and damaging Electricity Supply Corporation of Malawi (ESCOM) aluminium conductor meant for a customer’s new electricity connection.
Lilongwe Principal Resident Magistrate, Rodrick Michongwe, meted the punishment on 35-year-old James Banda after he pleaded guilty to the three offences when he appeared before the court yesterday, October 23.
The Magistrate Court heard from Prosecutor Damiano Nyasulu that they arrested Banda after he disguised himself as an ESCOM employee and took the 150-metre aluminium conductor from businessperson, Chikondi Chipala’s house, in his absence in July 2024.
He said ESCOM technicians had earlier brought the conductors to Chipala’s house after he had successfully applied for a new connection for his business premises at Dickson Trading Centre in Lilongwe.
Chipala, upon returning home, called the ESCOM office questioning why they had taken the conductor meant for his new electricity connection, only to learn that Banda was not the company’s employee.
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Police eventually arrested Banda at Malingunde Trading Centre on October 7 while attempting to sell the aluminium which he had burnt, cut into pieces and stuffed in a sack.
Banda will serve 12 years in jail for damaging the conductor contrary to section 45 (4) (b) of the Electricity Amendment Act of 2024, three years for theft contrary to section 271 as read with section 278 of the Penal Code and 4 years for personating an ESCOM employee.
The convict hails originally from Nyong’a Village, Traditional Authority Masumbankhunda in Lilongwe.
Prosecutor Nyasulu has since welcomed the judgement, saying: “We are satisfied with the punishment. It is what we expected, as cases of vandalism are increasing.”
Escom has lost K4 billion in revenue and replacement costs in the last two years due to theft and vandalism of assets such as conductors, transformers, earthmats, tower members and stay wires.
The corporation registers cases of vandalism every day across the country and just last month five men were also given jail terms for the offence.
In July, two men from Balaka District, Patrick Malikebu (34) and Lonjezo Magaleta (27) were sentenced to seven years imprisonment with hard labour by Zalewa Magistrate Court for being found guilty of being possession of ESCOM assets.
They were arrested on July 14 at Zalewa police checkpoint as they attempted to transport stolen ESCOM copper cables they vandalised in Mwanza and Ntcheu.
In April, two other men were sentenced to two-and-a-half-years imprisonment in Lilongwe following their conviction for possessing stolen electricity conductors at Kasiya in the district while in Mzuzu, Police arrested five people in Sonda for alleged theft of property belonging to ESCOM.
Worrying rampant theft of equipment for government’s power utility company continues despite pleas to the public to stop the uncalled-for vandalism and in response to the ongoing challenges, ESCOM Chief Public Relations Officer, Kitty Chingota calls on the public to collaborate with the corporation in combating these crimes.
“The fight against vandalism is crucial for the economic development of our country. We urge everyone to join hands with ESCOM in protecting our infrastructure, which is vital for reliable electricity supply and overall economic progress.”
Kitty Chingota
Chingota encouraged the public to report any suspicious activities of vandalism through the police or by calling Toll-free number 847 on TNM/Airtel, saying they have a reward system for those who provide information leading to the apprehension of vandals.
“We know that your vigilance and cooperation can make a significant difference in safeguarding our electricity equipment and support the nation’s development agenda.”
The Electricity Act was amended this year and passed by Parliament in cognizance that vandalism is tantamount to economic sabotage as ESCOM loses millions of money in replacing stolen equipment.
According to the amended Act, Section 45 (1) reads: ‘A person who carries on in any manner an activity for the supply of electricity in contravention of this Act, or fails to carry out any order or decision of the Authority or a licensee made or given under this Act, commits an offence and is, upon conviction, liable to a fine of K100,000,000 and imprisonment for twenty years’.
Section 45 (2a and 2b) adds that any person ‘who connects electricity to premises without written authorization of the licensee or disturbs or tampers with any electricity meter or other measuring instrument or apparatus commits an offence and is, upon conviction, liable to a fine of K100,000,000 and imprisonment for ten years’.
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Section 45 (4) provides a non-fineable penalty of 30 years for vandalism and possession of equipment stolen from a licensee, the section reads:
(a) if found in possession of equipment stolen from a licensee; or
(b) damages, destroys, or vandalizes any electricity installation equipment or apparatus, commits an offence and is, upon conviction, liable to imprisonment for 30 years.
Section 45 (5) provides enhanced penalty of MK150,000,000 and 25 years imprisonment if a licensee’s employee or former employee is involved in the illegal connection or meter tamper.
The Section states: ‘Without prejudice to the right of a licensee to recover for illegal consumption of electricity, including costs associated with such recovery, a person, being an employee or former employee of a licensee, who:
(a) connects or assists a person to connect, electricity without authorization of the licensee; or
(b) disturbs or tampers or assists a person to disturb or to tamper, with an electricity meter or any other measuring instrument or apparatus, commits an offence and is, upon conviction, liable to a fine of K150,000,000 and to imprisonment for twenty-five years.—Reporting by ESCOM PR office; editing by Maravi Express
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