Stiffer punishment needed for people caught vandalising public assets; just like the amended Electricity Act

* The public asking why the Police are not enhancing street patrols just like they do with breathalyzers at selected places throughout the night

* Because obviously these acts of vandalism take place at night when the streets are quiet

* The situation also poses a security concern in that streets are quiet at night and lack of lights and road signs, exposing road users to danger

Analysis by Duncan Mlanjira

People caught and found guilty of vandalising Electricity Supply Corporation of Malawi (ESCOM) assets — or being found in possession of such equipment — are being prosecuted with stiffer punishments that included a maximum of 30-year jail term with no option of paying a fine; as according to the Electricity Amendment Act of 2024.

Perhaps, as the public is suggesting, their is need to amend other laws to do with vandalism of any other public infrastructure, which is rampant — with Lilongwe being Centre of focus following massive theft of newly constructed beautiful road infrastructure.

Pictures keep resurfacing posted by concerned citizens that show vandalised solar-powered street lights, signposts, destroying and stealing the inter-locking blocks of pedestrians’ sidewalks.

Another example is in Chikwawa, on the road to the District Council offices on which Synohydro — one of the construction contractors of the mega irrigation scheme of the Shire Valley Transformation Programme — invested solar-powered street lights as part of corporate social responsibility.

But all of them are gone, including those opposite Chikwawa Police Station, raising concern; how did that happen in full view of law enforcement office because, obviously, such an operation would attract attention even in the middle of the night.

This act has left the public very disturbed indeed and quite so would probably be the Public Affairs Committee (PAC), which applauded President Lazarus Chakwera over a week ago when the quasi-religious group met him to express economic and governance challenges the country is facing — conveying their appreciation that Lilongwe’s road network “has been transformed”, adding that “the quality of the road construction we witness today is amazing”.

PAC’s chairperson Monsignor Dr. Patrick Thawale said: “For some time we have been waiting for such type of road infrastructure — Lilongwe has become a source of pride. This is excellent work [and] it is also true for other roads constructed under your leadership.”

But little did they know that on the ground, enemies of progress are busy removing the beautiful infrastructure that is meant to transform the Capital City as being chronicled by concerned citizens through social media.

The posts had the public asking why the Malawi Police Service is not enhancing street patrols just like they do with breathalyzers at selected places throughout the night — because obviously these acts of vandalism take place at night when the streets are quiet.

The situation also poses a security concern in that streets are quiet at night and lack of lights and road signs “isn’t only primitive but also exposes motorists and road users to danger” as observed by a concerned citizen on one of the posts on Facebook while calling for the public to help stop this malpractice.

In his response, Tionge Nyirenda said: “Sometimes I feel we should have a separate court to deal with vandalism. Cases should be concluded in a day and have a separate prison for them. Lock them away for 40 years.”

David Ng’onamo observed that “we are such a pathetic nation — we dont have values at all. [We are] full of trivial, mediocre and instant gratification” — with another commenting that: “We are heading towards dangerous times.”

Other observed that it seems like the Malawi Police Service has more traffic officers than those for general duties because they are very visible throughout the country enforcing traffic laws from morning to evening stopping cars to check driver’s licenses, COFs, insurance — including checking if motorists are equipped with reflector triangles.

Speed traps are everywhere and while in other countries they indicate that speed cameras are in force, the Malawi police officers hide away in ambush style and they enforce the law fully aware that such a stretch does not have signs, which were long vandalised.

At night, they are busy enforcing drink-driving offences with their breathalyzers — leaving vandals free to plunder public assets elsewhere, fully aware that the streets would be deserted since motorists warn each other where the breathalyzers are situated.

Peter Gomani said: “Streets are silent at night giving the thieves a good environment to remove the lights and solar panels. Police are busy with breathalysers instead of catching thieves.”

Others observed that similar street lights assets were vandalised and stolen right at Capital Hill several years ago.

In his response, Ike Mbekeani suggested that there is need for the concerned authorities to be proactive by putting spikes or barbed wire up on the street light poles to prevent the thieves from climbing and stealing the solar panels.

“We don’t appeal to thieves, we put preventive measures. That’s why in homes we put burglar bars, electrified fences, etc to prevent thieves from entering our premises.

“What’s so special with these lights that we can just leave them like that? Akuba amakaba ku church, kuchipatala… nde akaleke kuba ma lights poti ndi chitukuko? Let’s be serious for once. Atha ma lights onsewo if we don’t do anything,” he said while asking the City Council to “wake up”.

But he was informed that the City Council had already been contacted, who indicated that most of the culprits are often released after paying a meager fine by the courts after they apologised and pleaded for leniency.

To which Silvester Ayuba James observed that “this country is fast becoming ungovernable because government is too kind and merciful to kill”.

Siphiwe Banda asked if there is a way to that the solar lights can be made “worthless and unusable once removed from the pole. Maybe people will not bother removing knowing they will not work anywhere else other than the original place.”

Sheila Nyaka Chinkhandwe said: “The devils are the ones who buy these things, because I don’t believe that they steal for their own use.” This was also an observation made last week by journalist, Mgeme Kalilani, hinting that we Malawians are complicit to this theft:

“We are all responsible for this — we are accomplices. Zadala, zofuna. At government level, we allow unregulated back street hardware and welding shops in Mtandire, Kawale, Mchesi etc; whose main source of supply is stolen goods.

“We pretend we dont know. We as citizens go and buy these stolen items [such as] solar lights or products fabricated from them — hoes, axes, gates etc, willingly and happily — supporting the thieving industry.

“When law enforcers apprehend these vandals, our courts or police grant them bail in no time — it’s their constitutional right, we agree — they happily return to the hoods to continue the vandalism. Often times than not their cases end at bail. Vandalism is their business.”

Which is true to some extent because, just yesterday, police in Lilongwe arrested a Chinese national, Xu Hongxiang alongside three Malawian accomplices in connection with a series of vandalism cases targeting ESCOM assets.

During an operation at Xu Hongxiang’s warehouse, the police and ESCOM security team discovered over 40 bags of stolen copper wires, amounting to approximately 18 tonnes, suspected to have been stolen from various sites of the power utility company.

This shows that there is a criminal syndicate involved since after interrogation, the Malawian accomplices revealed that the Chinese national was buying the copper at K15,000 per kilogramme — thus a very lucrative deal.

Journalist Herbert Chiyambi Chandilanga suggested that there was need to sensitise the public to report cases of vandalism or those suspected to be in possession of stolen public property.

Chandilanga said: “Is it that hard to get these people? Just dangle K1 million [as reward for anonymous information tips from the public]. These guys need some tough comb!”

Daniel Malunga Chikoja suggested that maybe the city council authorities should revert to using ESCOM power as opposed to solar which will keep being stolen, adding that even in South Africa “they can’t dare put solar street lights”.

But it means going primitively backwards because the City Councils, through the taxpayer, will be paying for the ESCOM power because it’s never free.

Chandilanga’s observation to establish an anonymous tips system is the positive solution because probably the police invasion of the Chinese national’s warehouse was from a tip from someone who suspected, or snitched on their fellow vandals, of the suspected criminal activities there.

At the same time, there is need to initiate stiffer punishment for the culprits caught vandalising or in possession of vandalised public assets — just like the amended Electricity Act is doing.

Ministry of Energy under Minister Ibrahim Matola initiated the amendment to mitigate rampant vandalism of ESCOM infrastructure, whose replacement costs the power utility company millions of kwacha.

Though the punishment is stiff, the unpatriotic Malawians are still perpetrating the crime, which begs the suggestion that Mgeme Kalilani made — that there was need for the law enforcers to infiltrate those who carry out unregulated back street hardware and welding shops — whose main source of supply is stolen goods.

The public is awaiting for the outcome of the Chinese national’s case if found guilty by the court.