They are a familiar sight on Namibian roads – cattle, goats, and even ostriches ambling across the asphalt, posing a serious threat to motorists and themselves. This age-old problem, highlighted once again in a recent newsletter by the Namibian Agricultural Union (NAU), shows no signs of abating.
The situation worsens during droughts, says the NAU, with livestock herded onto road reserves and left unattended. “These animals are also found roaming the streets of towns, grazing near houses,” the union laments.
A Tangled Web of Laws
Despite a plethora of laws aimed at curbing stray animals, enforcement remains a challenge. The Trespass of Animals Ordinance, the Roads Ordinance, the Stock Theft Act, and the Road Traffic and Transport Act – all address the issue, yet the problem persists.
For landowners burdened with trespassing animals, the options are limited. They can impound the livestock or report them to the police. But what happens next? The legal framework offers no clear answer on where these animals are to be taken.
Moving Livestock: Permits and Procedures
Driving livestock along public roads requires a permit issued by a magistrate, with strict rules in place. Animals must be moved continuously from a designated starting point to a destination, and “farming” along the way is prohibited. The journey must cover at least 15 kilometers within 24 hours, or the animals risk being impounded.
The Livestock Theft Act and the Road Traffic and Transport Act further regulate animal movement. Animals on fenced roads are strictly forbidden, and leaving them near such areas where they can stray and cause danger is also an offense. Fines and imprisonment are the penalties for non-compliance.
The Roads Authority’s Role
The Namibian High Court has, in the past, held the Roads Authority (RA) liable for damage caused by animals on public roads. This stemmed from the authority’s failure to maintain a grid gate, allowing cattle to wander onto the road and cause a collision between trucks. The court ruled that the RA has a legal duty to maintain such infrastructure to deter livestock from straying.
A Call to Action
While Namibia’s legal framework appears comprehensive, effective implementation remains crucial. The NAU emphasizes the need for improved infrastructure like impounding kraals and better management of animal movement permits.
Eradicating this persistent danger requires a multi-pronged approach. Farmers must take responsibility for their livestock, while authorities enforce existing laws and ensure proper maintenance of road infrastructure. Only through a collaborative effort can Namibia’s roads become safer for both motorists and animals.
