Shareck Mashavira v The State

On 10 December 2019 at approximately midnight, the 18-year-old accused proceeded to stand No. 10125 Mineral Road, Industrial Site, Masvingo, armed with a pair of pliers. He cut 4 by 3 meters of 16mm armoured copper cables belonging to ZESA (Zimbabwe Electricity Supply Authority) and took them to his residence in Mucheke, Masvingo. Acting on a tip-off, police proceeded to the accused's residence where they found him in the act of peeling the armoured copper cables with a knife. He was arrested. The copper cables, valued at $1035, are now of no commercial value to ZESA. The accused's conduct plunged the Industrial area in Masvingo into darkness, causing great inconvenience and prejudice to business people operating in that area.

• Whether the accused was properly convicted of contravening section 60A(3)(a) of the Electricity Act [Cap 13:19]
• Whether there were special circumstances peculiar to the commission of the offence that would permit departure from the minimum mandatory sentence of 10 years imprisonment
• What is the appropriate sentence for unlawful tampering with electricity supply apparatus

1. The conviction of the accused was confirmed. 2. The accused was sentenced to 10 years imprisonment and the armoured copper cables were ordered to be surrendered to ZESA.

Under section 60A(3)(a) of the Electricity Act [Cap 13:19], the minimum mandatory sentence of 10 years imprisonment must be imposed for unlawful tampering with electricity supply apparatus unless there are special circumstances peculiar to the commission of the offence (not the offender). The theft of copper cables for commercial gain does not constitute special circumstances. Special circumstances must relate to how the offence was committed, not to the personal characteristics or circumstances of the offender such as age, previous good character, or socio-economic status. Where no special circumstances exist, the court has no discretion and is bound to impose the minimum mandatory sentence of 10 years imprisonment.

The court took judicial notice of complaints raised by ZESA that offences of this nature (theft of copper cables and tampering with electrical infrastructure) are very prevalent. The court observed that due to the accused's selfish conduct, the Industrial area in Masvingo was plunged into darkness, greatly inconveniencing and prejudicing business people operating in that area. The court also noted that ZESA must now use taxpayer money to replace the stolen armoured copper cables. Despite describing the accused's youthfulness, the court indicated that even this sympathetic factor could not override the mandatory minimum sentence in the absence of special circumstances relating to the commission of the offence.

This case demonstrates the Zimbabwean courts' strict application of mandatory minimum sentences under the Electricity Act in cases of theft and damage to electrical infrastructure. The case clarifies that 'special circumstances' that might allow deviation from the mandatory 10-year minimum sentence must be peculiar to the commission of the offence itself, not to the personal circumstances of the offender (such as youth, first-time offender status, or lack of means). The judgment reflects the courts' recognition of the prevalence and serious impact of copper cable theft on electricity supply and the broader economy, justifying harsh deterrent sentences even for young first-time offenders. It illustrates the limited judicial discretion when mandatory minimum sentences apply and the court's duty to impose such sentences regardless of sympathy for the offender's personal circumstances.