Public transport owners shocked
NHLANGANO – Committee members of the National Road Transportation Council (NRTC) were shocked to learn that public transport owners could lose their property in the event they are found to be on the wrong side in an accident.
This was according to Sincephetelo Motor Vehicle Accident Fund (SMVAF) Right of Recourse Supervisor Mfanzile Mkhonta when making a presentation in a meeting on Tuesday.
The meeting, which was also attended by public transport drivers, taxi owners and public transport owners from the Shiselweni Region, along with the NRTC committee members, was held at Shiselweni Regional Education Office Hall. The meeting was organised by SMVAF with Ministry of Public Works and Transport under the Road Safety Department as well as the Royal Eswatini Police Service (REPS) Traffic Department.
Its purpose was to capacitate drivers and owners of public transport vehicles on the responsibility and role they had to play in ensuring safe roads this festive season and beyond.
Provisions
The section of the Motor Vehicle Accident Fund Act of 2011 (amended) reads; “Notwithstanding the provisions of any other law, where the SMVA Fund has paid any sum as a benefit in terms of this Act, it shall have the right to recover such sum from the person who caused the motor vehicle accident giving rise to the claim in question, if at the time of such vehicle accident that person was under the influence of intoxicating liquor or drugs to such an extent as to be incapable of having proper control of a vehicle, was driving the vehicle recklessly, was driving the motor vehicle without being the holder of a valid driving licence, was driving a defective vehicle and such defect caused or contributed to the cause of the vehicle accident, was driving a stolen vehicle knowing, or ought reasonably to have known, that it was stolen or being the owner, custodian or lawful possessor of the vehicle, permitted the vehicle to be driven in the circumstances set above.”
It was said by Mkhonta that the accidents were now divided in two fold.
He explained that there were those categorised under mistaken accidents which could happen to anyone and those that were a result of carelessness.
It was explained that mistaken accidents included a tyre burst while on the road, while careless accidents included over speeding, the habit of drivers to use the yellow lines to pass through and bad driving common among public transport drivers.
Mkhonta said SMVAF would compensate and treat the people involved in the accident and once an inspection proved that the cause of the accident was as a result of carelessness, the driver along with the owner were then supposed to repay the money spent by SMVAF on the passengers.
“In the event the people who are supposed to pay are not willing to do so, we will then rope in the court to assist, which is when your property will be attached,” said Mkhonta.
This did not go down well with the transport owners, resulting in a lengthy discussion. They said they were not even aware of such a clause which was when they questioned when it was passed and when the consultations were done.
Their arguments were that their drivers got tickets on a daily basis for over speeding and overloading, something they never tell them to do but they do it anyway.
Unfair
They were of the view that this was unfair on their part because they were then supposed to pay for something that they did not do. “These people change jobs every day and most of them do not have property attached to them hence they might decide they want to leave and before they go, cause an accident just to spite the owner; how is that fair on us,” wondered one of the owners.
One of them mentioned that they were paying banks for the transport vehicles which were purchased through loans and wondered where they would get the money to pay both the bank and SMVAF in the event an accident happened less than a month in the business.
When reached for comment later, NRTC Chairman Magesi Dlamini said they were not aware of such a section in the act while adding that it was supposed to be fixed as soon as possible.
“It is brewing a civil war and a lot will go wrong if it will be effected to just one person,” said Dlamini. When asked about their plans in light of the latest developments, Dlamini said they would convene a meeting with the council today and discuss on a date to engage SMVAF on the clause along with government.
He stated that after their meeting, they would do their consultations as to how to go to get the clause amended.
“This will result in public transport owners parking their vehicles and the country will become a mess,” added Dlamini.