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Livestock movement on public roads has long been a problem in Namibia, and the situation appears to have worsened during droughts.
According to the Namibia Agricultural Union (NAU), during these periods, livestock are driven into the road reserve from all directions and stay there even at night.
The union said there are several pieces of legislation that deal with stray livestock or animals in violation of the law. Under the law, two actions can be taken against animals in violation of the law. They can be detained and sent to a shelter, or a report can be made in writing to the nearest police chief who can then take certain actions.
The problem, however, is that shelters are not available everywhere, NAU said.
It further states that landowners, police officers and authorised officers on whom animals have illegally trespassed can take action to evict the animals.
License required
At the same time, according to the Road Ordinance, anyone who wants to transport livestock along a public road must hold a permit issued by a magistrate. There are certain restrictions on transporting livestock, namely, the person transporting livestock must continue in the same direction from the starting point to the destination, cannot farm during the journey, and must walk at least 15 kilometers every 24 hours.
The union said animals that trespass onto or along designated roads will be subject to the Animal Trespass Ordinance and may be dealt with in accordance with the provisions of that ordinance.
The union said under the Livestock Theft Act, a person must not drive or transport livestock or produce on or along a public road that they do not own unless they have a removal certificate issued by the owner of the livestock or produce.
responsibility
According to the Nigerian Highways Authority, the Road Traffic and Transportation Regulations deal with animals on public roads and highways and provide that no person shall leave or permit an animal to remain on any part of a public road which is fenced on both sides, nor shall an animal be left where it may walk towards the fenced area so as to cause danger or injury to any person or vehicle using the road.
In terms of liability for damage, injury or death caused by animals on or along a public road, the High Court had previously held that the Roads Authority (RA) was liable for damage caused to a truck by cattle on a public road.
The court found that RA neglected to maintain or repair the motorized fence gate, which resulted in the cattle breaking through the gate and running onto the public road.
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