The brief calls for infrastructure vandalism and illicit metals trading to be understood not only as criminal and economic concerns, but as matters with direct consequences for constitutional rights. 

Public infrastructure is one of the principal means through which rights are realised. When water systems, electricity networks, schools, clinics and transport infrastructure are stripped or damaged, communities experience the consequences through interrupted water supply, electricity outages, compromised health services and disrupted education.  The Commission’s concern therefore extends beyond the underlying criminal act. Where vandalism is recurring and foreseeable, the human-rights inquiry must also consider whether reasonable measures are being taken to prevent harm, regulate the relevant industries, disrupt organised networks, restore services and protect affected communities. The scale of the problem remains significant. Research commissioned by the Department of Trade, Industry and Competition has estimated the economic damage associated with copper theft at more than R45 billion annually. 

The Commission’s own work has also encountered the service-delivery consequences directly. For example, in June 2026, OR Tambo District Municipality informed the SAHRC that vandalism and copper theft were significant contributors to deterioration of water infrastructure and disruptions to water services.  The Commission is particularly concerned that these harms are not equally distributed. Poor, rural and informal-settlement communities often have the fewest alternatives when essential services fail, deepening existing inequality. 

South Africa already has a substantial legal and regulatory framework, but important reforms remain incomplete. Draft amendments published in July 2024 proposed stronger seller registration, electronic reporting and electronic payments. The Commission also notes Cabinet’s announcement on 26 August 2026 regarding a proposed Second-Hand Goods Amendment Bill, but at the time of publication no gazetted Bill had been identified.  The Commission therefore recommends urgent finalisation of outstanding reforms, stronger transaction traceability and seller verification, and enforcement directed at the entire illicit value chain, including organised networks, receiving dealers, facilitators and illicit financial flows.  Organs of state must also treat infrastructure protection, restoration and service continuity as part of their constitutional responsibilities, while businesses in the scrap-metal value chain should undertake appropriate human-rights due diligence and verify the lawful origin of materials. 

The SAHRC will now engage Parliament, government, law-enforcement agencies, regulators, municipalities, State-owned entities and industry stakeholders on implementation of the recommendations.

The theft of copper may begin as a criminal act, but its consequences extend far beyond the stolen material. When infrastructure fails, human rights ultimately fail with it.

Report by the South African Human Rights Commission