Livestock problem along roads worsens during drought
Livestock movement on and along public roads has long been a problem in Namibia and seems to worsen during periods of drought.
According to the Namibia Agricultural Union (NAU), during these periods, livestock are herded from all over into road reserves and simply stay there, even at night.
The union said various pieces of legislation deal with stray livestock or offending animals. According to law, two actions can be taken in relation to offending animals. They can be impounded and taken to a pound, or they can be reported in writing to the commander of the nearest police station, who can then take certain steps.
The NAU said the problem, however, is that shelters are not available everywhere.
It further noted that landowners on whose land animals are trespassing, police officers and authorised persons may act to remove these animals.
Permit required
Meanwhile, according to the Roads Ordinance, persons who want to move with livestock along public roads must be in possession of a permit issued by a magistrate. Certain restrictions apply in relation to such a move, namely that the person who moves with the livestock must continue to move in the same direction from a starting point to a destination without farming along the way, and must cover a distance of at least 15 kilometres per 24 hours.
The union said animals trespassing on or along proclaimed roads are subject to the Trespass of Animals Ordinance and may be dealt with under the provisions of that ordinance.
The union said that according to the Stock Theft Act, no person may drive or transport livestock or products on or along a public road which they do not own unless they are in possession of a removal certificate issued by the owner of the livestock or produce.
Liability
According to the NAU, the road traffic and transport 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 or leave such an animal on or in a place where it may stray towards the fenced-off section so that it may create a danger or cause injury to any person or vehicle using the road.
As far as liability is concerned where animals cause damage, injury or death on or along public roads, the High Court has previously found that the Roads Authority (RA) was liable for damage to trucks caused by cattle on a public road.
The RA neglected to maintain or repair a motor grid gate and the cattle went through it and ended up on the public road, the court found.
According to the Namibia Agricultural Union (NAU), during these periods, livestock are herded from all over into road reserves and simply stay there, even at night.
The union said various pieces of legislation deal with stray livestock or offending animals. According to law, two actions can be taken in relation to offending animals. They can be impounded and taken to a pound, or they can be reported in writing to the commander of the nearest police station, who can then take certain steps.
The NAU said the problem, however, is that shelters are not available everywhere.
It further noted that landowners on whose land animals are trespassing, police officers and authorised persons may act to remove these animals.
Permit required
Meanwhile, according to the Roads Ordinance, persons who want to move with livestock along public roads must be in possession of a permit issued by a magistrate. Certain restrictions apply in relation to such a move, namely that the person who moves with the livestock must continue to move in the same direction from a starting point to a destination without farming along the way, and must cover a distance of at least 15 kilometres per 24 hours.
The union said animals trespassing on or along proclaimed roads are subject to the Trespass of Animals Ordinance and may be dealt with under the provisions of that ordinance.
The union said that according to the Stock Theft Act, no person may drive or transport livestock or products on or along a public road which they do not own unless they are in possession of a removal certificate issued by the owner of the livestock or produce.
Liability
According to the NAU, the road traffic and transport 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 or leave such an animal on or in a place where it may stray towards the fenced-off section so that it may create a danger or cause injury to any person or vehicle using the road.
As far as liability is concerned where animals cause damage, injury or death on or along public roads, the High Court has previously found that the Roads Authority (RA) was liable for damage to trucks caused by cattle on a public road.
The RA neglected to maintain or repair a motor grid gate and the cattle went through it and ended up on the public road, the court found.
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Namibian Sun
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