On 22 MARCH 2023, a tragic road accident on the B1 road between Oshivelo and Omuthiya claimed the lives of three Namibian Defence Force (NDF) members and injured four others.
Firstly, I would like to express my sincere condolences to the bereaved families of those who died and to wish the survivors a full recovery.
It is uncommon in African culture to make comments when people die, however, I’m pressed to express mine differently.
My views should not be seen as being insensitive about the death of fellow human beings, but fair comment which I feel is warranted following comments by air marshal Martin Pinehas.
At a memorial service for the three NDF members in Windhoek, air marshal Pinehas asked what they could have done to avoid similar road accidents involving NDF vehicles as a result of burst tyres.
Air marshal Pinehas should rather be concerned about law enforcement measures being exempt from complying with the Road Traffic and Transport Act.
This act regulates road traffic matters to avoid road carnage, one of the leading causes of death and disability worldwide.
EXEMPTION QUESTIONS
It is mind-boggling why law enforcement vehicles such as those of the NDF, police, traffic vehicles and their drivers are exempt from complying with certain national laws such as the Road Traffic and Transport Act.
This act regulates traffic on public roads, the licensing of drivers, registration, and the licensing of vehicles.
NDF operations are regulated by Defence Act 1 of 2002, which provides for the defence of Namibia.
Section 77 of the act exempts NDF vehicles and drivers from registration and licensing.
This means NDF vehicles and drivers can travel on public roads with or without complying with the Road Traffic and Transport Act in relation to vehicle roadworthiness and drivers’ fitness.
The NDF vehicle the three soldiers and others were travelling in was a light load vehicle fitted with seats on the loading box.
Given the circumstances in terms of exemptions, one can be forgiven for asking whether the vehicle was roadworthy. Was the driver licensed? We hope so, but we don’t know.
Further, does the NDF have its own testing station to test their vehicles for roadworthiness? In short, they don’t.
All these questions arise because we just don’t know if NDF vehicles are secure and fit for travel and if a licensed driver is behind the steering wheel.
It would make sense if these vehicles are not operated on public roads, but solely at military bases and installations.
The moment they are used on public roads, surely they must comply with laws that govern public spaces?
Otherwise, is there not a risk of it posing a hazard to them and to other road users.
FIT FOR PURPOSE
Ordinary citizens are subject to vehicle and driver testing and are stopped at traffic check points to establish their and their vehicle’s fitness, but not NDF vehicles and their drivers.
The Road Traffic and Transport Act says no person shall operate any motor vehicle on a public road unless it is registered and licensed in accordance with prevailing regulations.
Further, that no one shall operate a motor vehicle on a public road if the vehicle is not roadworthy.
If we accept the provisions of the Road Traffic and Transport Act, it means every vehicle on public roads must comply in order to curb accidents.
It should also be noted that the Motor Vehicle Accident Fund of 2007 states that if a person is injured or killed in a road motor vehicle accident, his/her beneficiaries stand to lose out under certain conditions.
These include if it can be established that a claim for loss or damages as a result of such an accident was caused by vehicle defects (roadworthy) or driver negligence.
If our law enforcement agencies and security forces are concerned about their security exposure, they must establish their own vehicle and driver testing stations for roadworthiness and the fitness of drivers.
That is the possible answer for air marshal Pinehas.
Amend the act to comply with national road safety mechanisms.
- Lucas Tshuuya is a former law enforcement officer from Onaanda in the Uukwambi district.
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