Sparks Electrical News January 2015

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IN THIS ISSUE
January 2015
• Earthing, lightning and surge protection
• Cables and cable accessories
• Lighting
14
15-17
18-19
FEATURES
• Contractors’ corner
• Buyers’ guide
• People on the move
REGULARS
2 -9, 12-13
10 -11
20
ANOTHER battle in the war against poor quality, potentially harmful
counterfeit products was won in the Specialised Commercial Crimes Court
in Johannesburg on November 26 when Ismail Khan, the sole member of
Greatech cc was convicted of one count under the Counterfeit Goods Act
and another count under the National Regulator for Compulsory Specifica-
tions (NRCS) Act.
Khanwas sentenced to a fine of R100 000 or five years’imprisonment
suspended for five years on condition that he is not convicted of contraven-
ing Section 2 of Act 37 of 1997 (the Counterfeit Goods Act) during the period
of suspension. In addition Khanwas sentenced to 12months’imprisonment
wholly suspended for five years on condition that he is not convicted of
contravening Section 14 of the NRCS Act during the period of suspension.
Additionally, Khan’s company, Greatech cc, was fined R20 000 for contraven-
ing the Counterfeit Goods Act and R5 000 for contravening the NRCS Act.
Court hands down R100 000 fine for
selling counterfeit circuit breakers
The annual general meeting of the Electrical Contractors’ Association of SA took place on 21 November and
as the only nominations received were for the current office bearers, Michael Straton will serve another year as
president of the ECA(SA) – a unanimous decision that was greeted with applause from the members present.
Seen after the AGM are the ECA(SA)’s Johnny Cunniff (first vice-president), Mark Mfikoe (national director),
Michael Straton (president) and Thursdon Duncan (second vice-president).
Michael Straton to serve another year
The convictions relate to Khan selling
80 CBI-branded circuit breakers to Mystic
Plumbing and Hardware Supplies in Midrand
during January and April 2013.
According to a document read out in
court, on 4 April 2013, CBI-electric : low
voltage“caused test purchases”of one
CBI-branded 20 A circuit breaker and one
CBI-branded 10 A circuit breaker fromMystic
Plumbing and Hardware.
CBI-electric : low voltage obtained a search
and seizure warrant and, on 9 April 2013, a
“duly designated inspector”conducted a
search of the company’s premises and found
78 CBI-branded circuit breakers, which were
seized under the Counterfeit Goods Act.
According to the document, Khan failed to
take all reasonable steps to avoid contra-
vening the Counterfeit Goods Act“by not
becoming apprehensive”when his supplier
informed him that the devices were im-
ported from the People’s Republic of China
and“regarding the irregularly low price”
of the devices. Khan also failed to take any
reasonable steps“to verify the authenticity
of the devices”. However, subsequent to the
seizure of the counterfeit devices, Khan had
stopped selling the products.
Khan’s conviction under the NRCS Act
relates to the same 80 circuit breakers,
“to which a compulsory specification ap-
plies”, namely the compulsory specifica-
tion for circuit breakers VC 8036.
CBI-electric : low voltage conducted
tests on 61 of the seized circuit breakers
and, according to the document read
in court, the tests“revealed that those
devices were not in accordance with, did
not comply with and were not manufac-
tured in accordance with the compul-
sory specification for circuit breakers
VC 8036 and which do not comply with
SANS 10142-1, governed by the Occupa-
tional Health and Safety Act, 85 of 1993
as amended”.
Khan had furthermore admitted that
the devices tested by CBI-electric : low
voltage were“not safe and not func-
tioning safely and correctly during the
normal and abnormal circuit conditions”
thereby contravening the related provi-
sions of the NRCS Act.
Aggravating circumstances listed in
the document included that“the posses-
sion of counterfeit circuit breakers place
the life and limb of members of society in danger”; that“the consequence
of a malfunction of a counterfeit circuit breaker could be fatal”; and“the
sale of such illicit goods directly impacts on the innocent law-abiding
consumer and/or trader who wishes to deal legitimately in thembut has
to pay the increased costs as a result of losses suffered by the complainant
that need to be recovered”.
The trial of four other persons who were also accused in this case will be
heard separately in April, 2015.
AndrewDickson, divisionmanager, engineering and quality at CBI-
electric: low voltage, says,“CBI-electric has always been about protecting
people and installations with top quality products. There are compulsory
specifications for good reasons and I hope that with this sentencing, users
and installers will begin to take heed of the very real dangers posed by the
counterfeit and substandard products that enter the South Africanmarket.”