- DA laid terrorism charges against those behind the truck burnings, intending to prosecute them under the Terrorism Act.
- By charging these persons in terms of the Act, this will also send a message to other saboteurs and vandals of key infrastructure areas.
- SAPS must put all available resources into this matter and investigate it with the due diligence and professionalism that is required.
Please find attached photos here and here and a soundbite by Dianne Kohler Barnard.
The DA today laid charges of terrorism against those behind the burning of 21 trucks in KwaZulu-Natal, Mpumalanga and Limpopo.
It is deeply concerning that when the five arrested accused appeared in the Ermelo court they were charged with aggravated robbery, malicious damage to property, conspiracy to commit a crime, and one count of illegal possession of a firearm and attempted murder.
I opened this case with the intention that these persons found to have committed what is essentially economic terrorism are charged under the the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA Act).
They have destroyed trucks valued at R2.5 million apiece. They were carrying coal and chrome.
The State Security Agency has announced that there were 12 persons of interest – but only five have thus far appeared in court. This is clearly the work of a syndicate, which operates with a particular modus operandi, with the itention of causing maximum destruction and panic in the country. This was most certainly not the actions of a single person working alone.
The reason for laying these charges are that these trucks are vital for the delivery of goods, food and equipment around the country. Without them, businesses and food stores would not be able to replenish their stocks and this would lead to massive food shortages.
Additionally, trucking companies and farmers themselves may go out of business due to the destruction of their property, or resulting increased costs of insurance or travel. Accordingly, an attack on these trucks and transport of goods and food is an attack on our economy.
If attacks like this are allowed to continue, investors and other countries will simply move their port operations to ports of different countries which are more secure. This will affect the entire economy of South Africa.
In terms of the Act, a “terrorist activity” is extensively defined with a multitude of scenarios, but for the purposes of this case, I highlight only those that are applicable to the destruction of these vehicles. It is defined, inter alia, as any act that:
a. involves the systematic, repeated or arbitrary use of violence by any means or method; or
b. causes the destruction of or substantial damage to any property, natural resource, or the environmental or cultural heritage, whether public or private; or
c. is designed or calculated to cause serious interference with or serious disruption of an essential service, facility or system, or the delivery of any such service, facility or system, whether public or private; or
d. causes any major economic loss or extensive destabilisation of an economic system or substantial devastation of the national economy of a country; or
e. which is intended, or by its nature and context, can reasonably be regarded as being intended, in whole or in part, directly or indirectly, to intimidate, or to induce or cause feelings of insecurity within the public, or a segment of the public, with regard to its security, including its economic security, or to induce, cause or spread feelings of terror, fear or panic in a civilian population.
The destruction of these trucks clearly fits within multiple subsections of the definition.
Additionally, these acts were not once off, random attacks, they were clearly calculated and planned, on more than one occasion.
By charging these persons in terms of the Act, this will also send a message to other saboteurs and vandals of key infrastructure areas around the country that sabotage of this nature will not be tolerated.
Given the serious nature of these crimes, I have requested the SAPS to put all available resources into this matter and investigate it with the due diligence and professionalism that is required.
Additionally I have asked that when the docket is handed over to the National Prosecuting Authority for prosecution that those persons are indeed charged in terms of the Act, and that SAPS has gathered sufficient information to do so.
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