Introduction
The Electricity Amendment Bill H.B.7, 2022 was published on the 29^th of July 2022 and seeks to amend the Electricity Act [Chapter 13:19]. The proposed amendments seek to ensure that investments in electricity generation and distribution infrastructure are protected from acts of cable theft, vandalism and illegal electricity connections

The key specifications of the Bill

Under the current Electricity Act, any person who abstract or divert any electric current or use same knowing that it has been unlawfully abstracted or diverted, if found guilty and convicted by a competent court of law has an option to pay a fine or sentenced to imprisonment for a period not exceeding five (5) years. Similarly, if a person is found guilty and convicted for transportation of material used in connection with generation, transmission, distribution or supply of electricity, the current law provides for an option to pay a fine or imprisonment not exceeding five (5) years.[1]

The net effect of the Electricity Bill is that to remove the option to pay a fine and to impose a mandatory sentence of imprisonment for a period of not less than ten (10) years, unless there are some special circumstances to exempt one from this stiffer penalty. The Bill also enjoins a court of law in sentencing a person that it shall not order that the operation of the whole or any part of the sentence suspended, meaning that the convicted person will only face a mandatory jail term of 10 years.

From a criminal law perspective, it would appear that the purpose of this form of punishment is to deter the society as a whole from committing crimes of cable theft, vandalism and illegal electricity connections. The belief is that the imposition of a harsh punishment is to send out a message to the society that if they commit acts of cable theft, vandalism and illegal electricity connections they will be extremely punished by the law. Accordingly, members of the society will fear that if they transgress the law they will be punished and this fear will result in them refraining from engaging in criminal conduct.

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[1] Section 60A and 60C of the Electricity Act [Chapter 13:19]