Fine owners, not drivers, Nekundi instructs traffic cops

Works and transport minister Veikko Nekundi has issued a directive instructing all traffic law enforcement officers to issue citations related to vehicle defects, maintenance issues, loading irregularities and equipment non-compliance to registered vehicle owners and operators rather than the drivers, with immediate effect.The minister emphasised that traffic officers must ensure their actions align with legal frameworks, which clearly distinguish between the responsibilities of drivers and operators.He explained that Section 64 of the Act clearly delineates the duties of motor vehicle operators, which include ensuring proper vehicle maintenance and roadworthiness, compliance with loading and equipment requirements, maintaining vehicle registration and documentation, and ensuring the safe transportation of goods and passengers.“These provisions assign a legal duty to the operators, not the drivers, regarding the condition and lawful usage of the vehicle. Drivers, many of whom are employees earning modest wages, are being fined for mechanical failures, overloading or equipment defects that they neither caused nor have the authority to address. This places an unfair financial burden on our working class and undermines the very principle of justice that our laws seek to uphold.” He added that the directive must be applied fairly and consistently across all regions and local authorities.‘Troubling trend’The minister made the announcement during a ministerial statement on Tuesday in parliament. “It has come to my attention through numerous representations from members of the public, transport associations and particularly our hard-working truck drivers that there exists a troubling trend in traffic law enforcement. Citations are increasingly being issued to drivers for vehicle defects and compliance issues that fall entirely outside their direct control and legal responsibility, as contemplated in Section 64 of the Road Traffic and Transport Act, Act No. 22 of 1999,” Nekundi said.“This practice is not only legally incorrect but fundamentally unfair to our drivers, who are being penalised for matters that are the statutory responsibility of vehicle operators and owners. Let me remind this house that our Road Traffic and Transport Act was carefully drafted to distinguish between the responsibilities of drivers and those of vehicle operators,” he said.Nekundi noted that the directive serves multiple purposes. “This directive serves multiple purposes. It promotes social justice by protecting our drivers from unfair penalisation. It enhances accountability by placing responsibility where it legally belongs, on those who have the authority and resources to address vehicle-related issues. And it improves public trust in our law enforcement system by demonstrating that we enforce laws fairly and correctly.”Just systemsThe minister said the directive was communicated transparently to all relevant stakeholders and that the ministry will work closely with the police, traffic units, local authorities, road inspectors, transport associations, vehicle operators and owners, and the broader driving community on the matter. He stressed that the directive represents more than a policy adjustment – it is a commitment to the rule of law and fair governance. “We cannot allow the misapplication of our legislation to create hardship for the downtrodden or to undermine confidence in our systems. Let me emphasise that this directive in no way diminishes our commitment to road safety. On the contrary, by ensuring that responsibility is correctly assigned, we create a more effective system where those with the power to address vehicle defects are held accountable for doing so."The minister said the ministry remains committed to ensuring Namibia's roads are safe and laws are fairly applied, and "that our people are treated with justice". nikanor@nmh-hub.com.na

Fine owners, not drivers, Nekundi instructs traffic cops

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Namibian Sun 2026-05-06

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Fine owners, not drivers, Nekundi instructs traffic cops

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Namibian Sun 2026-05-06

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