Stray livestock an ongoing problem on Namibian roads

Stray livestock along roads in Namibia remains a problem. According to a recent newsletter of the Namibian Agricultural Union, the situation is worse during drought when livestock are herded onto the road reserves and left there. These stray animals are also in towns where they roam the streets and graze among houses.

In many areas, the situation is exacerbated by a lack of shelters where officers of law can take impounded animals.

This is not a new problem. In 2017, Ronald Geingob reported in the Namibian Daily News that stray livestock on road was a serious cause of concern.

Even then, communities expressed various challenges with regard to controlling their livestock. These included a lack of impounding kraals in the corridors to contain animals, as well as a lack of financial resources to rehabilitate border fences that collapse due to wear and tear. Also, there was a lack of knowledge on how to administer Section 348 of the Road Traffic and Transport Regulations of 2001.

This Regulation states that “a person may not leave or allow any bovine animal, horse, ass, mule, sheep, goat, pig or ostrich to be on any section of a public road where that section is fenced or in any other manner closed along both sides”.

Animal-related collisions are often fatal, or motorists are severely injured, especially when a motor vehicle collides with large livestock such as cattle.

Different laws

A host of laws is in place to help curb the problem. Legislation dealing with stray livestock includes the Trespass of Animals Ordinance, 1939 (Ordinance 16 of 1939), the Roads Ordinance, 1972 (Ordinance No. 17 of 1972), the Stock Theft Act, 1990 (Act No. 12 of 1990), the Road Traffic and Transport Act, 1999 (Act No. 22 of 1999) and the regulations made thereunder, as well as the Animal Health Act, 2011 (Act No. 1 of 2011).

Landowners onto whose land the animals are trespassing can either impound the animals or report their presence in writing to the commander at the nearest police station. Police officers or persons authorised under section 49 of the Trespass of Animals Act, may remove the animals – but where to?

Driving livestock

Sections 51 to 54 of the Roads Ordinance deal with moving with livestock. Anybody who wants to move livestock along public roads must be in possession of a permit issued by a magistrate.

Restrictions apply to such a move:

The person moving the livestock must continue to move in the same direction from a starting point to a destination without ‘farming’ along the way.
The distance must cover at least 15 km over a period of 24 hours. If moved without a permit, the animals may be impounded or reported to the nearest police station.
According to the Livestock Theft Act, no person may drive or transport livestock or products unless he is the owner or is in possession of a removal certificate issued by the owner.
The road traffic and transport law regulations deal with animals on public roads and highways and state that no person may leave or allow an animal to be on any part of a public road which is fenced off on both sides.
Animals may also not be left in a place from where they may stray towards the fenced-off section where they may create a danger or cause injury to any person or vehicle using the road.
Red lights must be used when animals are driven along public roads and highways between sunset and sunrise, and red flags must be used when animals are driven along public roads and highways during daytime.
No carts drawn by an animal are allowed on a highway.

Disobeying these regulations is regarded as a criminal offense that is punishable by a hefty fine of up to more than N$4 000, or imprisonment of up to a year, or even both the fine and the imprisonment.

Movement permit

In terms of the road traffic and transport law regulations, a traffic officer has the power to remove animals that are on or along public roads or highways without the necessary permit, the necessary red light or red flag or that cause an obstruction or danger to other traffic.

A fatal accident caused by a stray cow on a road. (Source: https://www.namibian.com.na/police-warn-farmers-to-keep-livestock-off-public-roads/)

Animal Health Act

The aim of the Animal Health Act is the prevention, detection and control of animal diseases, and the maintenance and improvement of animal health.

The Act also requires a movement permit in respect of all prescribed animals such as cattle, sheep, goats and pigs that are removed from the registered establishment (farm).

It is a criminal offense to remove an animal from the registered establishment to a new destination without a movement permit. Such an offense is punishable by an even heftier fine of up to N$100 000 or imprisonment of up to five years, or both.

For the purposes of the Animal Health Act, veterinary officers and the traffic police have express powers to act where livestock without movement permits on or alongside public traffic may pose or cause danger to other traffic.

Roads Authority’s responsibility

As far as liability is concerned where animals cause damage, injury or death on or along public roads, the Namibian High Court has on occasion held that the Roads Authority (RA) was liable for damage to trucks caused by cattle running on a public road.

This referred to the Roads Authority’s failure to maintain or repair a motor grid gate, which resulted in cattle going through it and ending up on the public road.

The High Court held that the purpose of a grid gate on a proclaimed main road is to restrict the movement of cattle or other livestock from one part of the road to another, and that it is the legal duty of the Roads Authority to maintain and repair grid gates.

In this case, the Roads Authority’s failure to comply with this legal duty caused cattle to end up on the B1 highway, causing a collision between two trucks.