Opinion – Let’s stop jailing citizens for administrative offences

Opinion – Let’s stop jailing citizens for administrative offences

After 35 years of independence, Namibia stands at a crossroads. We have achieved much since the dawn of our republic, but there are areas where the system we inherited or developed has become outdated, inefficient, and in some cases unjust. One such area crying for reform is the way we enforce traffic fines in this country.Across the nation, from Windhoek to Katima Mulilo, from Omafo to Walvis Bay, ordinary citizens—young, old, employed and unemployed—are being arrested and jailed for failing to pay traffic fines. In many cases, these are fines for infractions that pose no direct threat to life or public safety: slightly exceeding the speed limit, stopping where one shouldn’t, or driving with a cracked indicator light. Yet, failure to pay a fine of N$500 or more often leads to a warrant of arrest, and ultimately, incarceration.This is not justice. This is an administrative failure disguised as law enforcement. Instead of criminalising minor traffic infractions, I propose a progressive and practical solution: Let traffic fines be issued against the vehicle registration number—not the individual driver. Before any vehicle may be registered or declared roadworthy through NaTIS, all outstanding fines tied to that vehicle must first be cleared.

This system is already working in other countries and can work even better in Namibia. I urge the Ministry of Works and Transport, in full collaboration with the Ministry of Justice, the Namibian Police, and municipal traffic authorities, to wholeheartedly look into this proposal. The time has come to modernise, humanise and rationalise how we deal with traffic violations in our country.

At present, traffic tickets are issued in the name of the individual driver. If that individual fails to pay within a stipulated time, a warrant of arrest is issued. When caught at a checkpoint or during routine enforcement, the person is arrested, held in police custody—sometimes for days—then either forced to pay or taken to court for prosecution.This system clogs our courts with minor cases, overcrowds our police holding cells, and diverts police and court resources away from serious criminal matters such as drug trafficking, gender-based violence, and corruption.

Furthermore, the government ends up spending money to process, detain, and feed offenders—people who are not dangerous, but merely unable to pay on time, or perhaps not even aware that a warrant had been issued against them. How is this efficient? How is this justice?

A smarter system: Tie fines to the vehicle, not the driver

Here is how a reformed system would work: A traffic officer issues a fine to a vehicle. The fine is immediately recorded against the vehicle’s registration number in the central NaTIS database. At the time of the vehicle’s annual registration or roadworthiness check, all unpaid fines must be paid before the renewal is allowed. The vehicle cannot be sold or transferred to a new owner without first settling any outstanding fines.

This system transforms fines into a civil debt obligation, enforceable not through arrest, but through logical administrative procedures. No more surprise warrants. No more arrests at roadblocks for forgotten tickets. No more using valuable police resources to chase down unpaid N$500 tickets.

How government will benefit

1. Increased and predictable revenue collectionThe government often loses money when people avoid or delay paying traffic fines. This system guarantees payment, because every vehicle owner must renew registration annually. There is no escape route; the debt must be settled before the vehicle is back on the road.

2. Reduced jail and custody costsHolding a traffic fine defaulter costs the state money. The police must feed them, transport them, and process them. With this reform, jail becomes a place for criminals, not for those with unpaid fines.

3. Less court congestionThousands of minor cases make their way to magistrates’ courts every year. Removing administrative violations from the criminal justice system will allow our courts to focus on what really matters: justice for victims of serious crimes.

4. Better data and traffic managementCentralising all traffic-related fines in the NaTIS system allows for more accurate monitoring and planning. It also enables the state to profile and prioritize high-risk vehicles or repeat offenders for intervention.

How citizens will benefit

1. No more arbitrary arrestsToo many people are arrested during routine police operations for fines they forgot about or never received. This system removes fear and harassment and replaces it with a clear, transparent process.

2. Financial planning and responsibilityPeople will be able to budget for their fines. Since payment is expected at registration time, there’s time to plan, appeal, or dispute any penalties.

3. Improved driver behaviourWhen drivers know that fines are inevitable and unavoidable, they’ll drive more cautiously. A cumulative record on the vehicle discourages reckless or habitual offenders.

4.Family protectionArresting a breadwinner for an unpaid N$500 fine takes them away from work and family. This disrupts lives and can result in job loss, social humiliation, or financial ruin. With this system, we preserve dignity while enforcing the law.

It is important to highlight that many town councils across Namibia now have their own traffic departments—be it Oshakati, Swakopmund, Rundu or Helao Nafidi. These local authorities must also adopt this progressive system in full coordination with the national government.

Let all fines, whether municipal or national, be consolidated in the same central digital system, accessible and enforceable at all NaTIS points countrywide. No duplication. No confusion. Just a single, reliable, enforceable system.

After 35 years of self-rule, it is time Namibia transitions into a nation that upholds smart governance and compassionate justice. 

No one disputes the importance of road safety or the need to hold wrongdoers accountable. But let us be clear: not every offense deserves a jail cell. Our laws must adapt. Our systems must evolve. Our people deserve better.I therefore urge the Ministry of Works and Transport, and all relevant stakeholders, to wholeheartedly and urgently consider this proposal. Let this be the year we move from punitive to progressive, from inefficient to intelligent, from fear-based enforcement to fairness-based accountability. Namibia can do better—and this is one way to start.

*Hidipo Hamata is a former member of Parliament. He writes in his personal capacity from Omafo, Helao Nafidi town.