WINDHOEK – For the past 15 years without any success the Namibia Agricultural Union (NAU) has been trying to address the problem of stray animals on Namibian road reserves and public roads that has resulted in numerous.
This matter has been referred to the Joint Crime Prevention Forum and during a recent meeting between the Prosecutor General and the executive of the Joint Crime Prevention Forum, the PG undertook to seriously look into this matter and give feedback on ways and means on how this problem can be addressed and solved permanently. According to the Roads Ordinance, Ordinance 17 of 1972, Chapter VII, trekking with animals is only allowed:
- (1) When an unfenced proclaimed road crosses a farm no person shall drive or graze any animal, whether spanned to a vehicle or not, across or on such a farm, outside the public grazing area
(2) (a) No person except a licensed butcher or speculator in stock, or the owner, lessee or occupier of a farm in the Territory, or an authorised representative or employee of such butcher, speculator in stock, owner, lessee or occupier may trek or stay on any public grazing area with stock, unless he is the holder of a permit issued by a magistrate
(b) Such permit shall state the number, type and destination of the stock concerned, the route to be followed, as well as the period for which it shall be valid
(3) The holder of a permit issued in terms of subsection (2) shall on demand produce it to the owner, lessee or occupier of the farm on which he is found with his stock
- (1) Any person trekking with stock across a public grazing area shall continue to trek in the same direction from a point of beginning to a destination and shall cover a distance of at least 15 kilometres per twenty-four hours, unless he has obtained the written consent of the owner, lessee or occupier of the farm on which such public grazing area is situated to cover a shorter distance or unless he is delayed to be adversity, floods or other unforeseen circumstances.
(2) The time limit imposed in subsection (1) shall not include Sundays
(3) Any person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence
YOU MAY NOT LEAVE ANIMALS IN ROAD RESERVES according to Sections 348 (1), (2) (a) and (b) and (3) to (6) “Animals on Public Road” of the Road Traffic and Transport Act (Act No 22 of 1999) UNLESS –
348.(1) Subject to sub regulation (2) a person may not leave or allow any bovine animal, horse, ass, mule, sheep, goat, pig or ostrich to be in any section of a public road where that section is fenced or in any other manner closed along both onto that section or a public road.
(2) Sub regulation (1) does not apply –
(a) to any animal which is being ridden or is being used to draw a vehicle along a public road; or
(b) to any animal which is being driven from one place to another in such a manner as not to constitute a source of danger or injury to any person or vehicle using the road
(3) In any prosecution for a contravention of sub regulation (1), it must, in the absence of evidence to the contrary, be presumed that any animal referred to in sub regulation (1) was left or allowed to be in the section of the public road or place concerned by the owner of the animal, and a section of a public road is regarded as fenced or enclosed along both sides even though there is an opening in the fence or other enclosure providing access to the road
(4) A person may not drive any animal referred to in sub regulation (1) –
(a) Along a public road during the period from sunset to sunrise, unless a person carrying a red light visible in clear weather for a distance of at least 150 meters tends the animals, or in the case of a flock or herd of more than 10 animals, a person tending the animals and carrying a light as aforesaid precedes and another person carrying a light as aforesaid follows the animals; or
(b) Along a public road during any other period, unless a person displaying in a conspicuous manner a red cloth, of not less than 300 mm by 300 mm, tends the animal or, in the case of a flock or herd of more than 10 animals, a person tending the animals and displaying a cloth as aforesaid precedes and another person displaying a cloth as aforesaid follows the animals
(5) a person in charge of an animal on a public road must tend the animals in such a manner as not to constitute an obstruction or danger to other traffic
(6) A traffic officer may take charge or any animal referred to in sub regulation (1) on a public road or take such steps in respect of the animal as determined by the Minister