Namibian Minister Advocates for Fairer Punishment in Vehicle Overloading Cases

WINDHOEK – Works and Transport Minister John Mutorwa voiced concerns over the current practice of penalizing only truck drivers for vehicle overloading, highlighting the broader involvement in the logistical chain.

According to Namibia Press Agency (Nampa), during the motivation for the Vehicle Mass Bill on Tuesday, Minister Mutorwa emphasized that the responsibility of overloading is not solely on the truck drivers but shared among multiple parties including the consignor, the operator, and the consignee. The minister pointed out that although multiple parties are involved in overloading a vehicle, it is typically the driver who faces criminal charges.

Mutorwa elaborated that drivers often are unaware of their cargo’s weight and only discover an overload at weighbridges, where they alone face the consequences. “Drivers are given the truck; the load is there; you don’t even know sometimes what you’re carrying. But then, when you come to the weighbridge, you are the one who is punished for overloading,” he explained, advocating for a more equitable approach to legal liability.

The Vehicle Mass Bill proposes that all parties in the transport logistic chain bear legal responsibility for overload offences. Additionally, the Bill aims to shift the classification of overloading from a criminal to an administrative offence, reflecting its nature and potentially increasing the success rate of dealing with such offences outside the court system.

Minister Mutorwa also noted the burden placed on the legal system by these offences, suggesting that decriminalizing overloading could alleviate the strain on courts, which are currently “overstretched and overstrained.”

Support for the Bill was also echoed by opposition leader McHenry Venaani, who underscored the legislation’s potential to reduce damage to national roads. Venaani, however, raised concerns regarding the current fee structure for the registration of mass vehicles, particularly the disparity impacting farmers who predominantly use gravel roads and pay the same fees as commercial operators. Highlighting the plight of farmers, Venaani stated, “Seventy per cent of farmers across the country no longer register their trucks. We are forced to drive our trucks at night,” calling for a reconsideration of the fee system.