PDM pushes N$100 000 fine for farmers whose animals cause road accidents

Popular Democratic Movement (PDM) lawmaker Nico Smit said farmers whose animals cause road accidents should be liable to a fine of between N$80 000 and N$100 000.

The fine should be applicable to farmers who fail to maintain proper fences to keep animals away from the roads, said Smit.

Smit made the suggestion while contributing to the roads bill in parliament last week.

The bill, introduced by works and transport minister John Mutorwa, aims to provide for the ownership and nature of ownership of roads and provide for the establishment and powers of road boards, among others.

“Section 30 (4) of the bill further speaks about a fence that an owner of a commercial farm must erect in accordance with the standards issued by the Roads Authority,” he said.

Smit emphasised the importance of the bill, saying many Namibians have lost their lives due to accidents caused by roaming farm animals.

“The farmer must be held liable for the damage caused to the vehicles and for the lives lost. Therefore, a fine between N$80 000 and N$100 000 must be indicated as such in this bill.”

Smit said commercial farmers must erect fences at own cost on both sides of the road.

“Even roads in communal areas should be fenced off. Why are the lives of people only important in commercial areas, but not in communal areas? If a farmer’s cattle are found in the road and an accident takes place, it must specifically be a law that the owner of such animals must be responsible for the damage caused,” Smit added.

Smit emphasised that farmers must ensure their fences are strong enough to prevent their animals from venturing onto the road.
Supporting his ideas, PDM parliamentarian Elma Dienda said drivers cannot be blamed for hitting animals on the roads at night as animals are supposed to be in their kraals, particularly cattle.

Dienda and other party members were involved in a car accident last month while on their way to the Zambezi region for the PDM’s congress.

“The owner of such cattle or animals must make sure that their animals are not roaming in the roads during night hours. They must make sure to put them in the kraal. How is it a drivers’ fault if you have your animals roaming on the roads at night?” Dienda questioned.

NOT IN SUPPORT

Swapo lawmaker Eliphas Dingara opposed Smit’s idea, saying it is a driver’s responsibility to control the vehicle to avoid hitting animals.

“At that scene, the only human being present is the driver. The owner of the animals is at home. Now, who must control the situation if not the driver?”

“The driver must be the one to pay the cost of the cattle that he hit. We must not make laws that are putting unnecessary burdens on people,” said Dingara.

He asserted that animals do not go looking to be hit by cars and only the driver has the ability to avoid an accident.

“The driver must be responsible for the accident and pay costs. Use your common sense. Our roads are the best in Africa and have road signs to warn you of animals so that you drive safely, why must you speed if the sign is warning you that there are cattle in that area?”

“You must adhere to the road signs and arrive safely. Do not hit animals. We are finishing people’s cattle and making them poor,” he said.

COMMON SENSE

Swapo backbencher Natangwe Ithete noted that if an animal causes an accident, it cannot be used as a witness in court.

“That is why we must use our common sense that the driver in that instance is the only human being who can think. We should not tell our people that they must go out on the road and just start hitting animals left, right and centre,” Ithete said.

He highlighted that the speed limit on roads is 120km/h and vehicles must be roadworthy.

“How do you know that perhaps the driver was maybe on a phone and hit the animal? Now the poor owner of the animal who is miles away must be held responsible,” Ithete said.