Niël Terblanché
Outlets that sell liquor to people under the age of 18 or operate without proper licensing will face heavy penalties over the festive season.
The head of the Namibian Police’s Public Relations Division, Deputy Commissioner Kauna Shikwambi, said in an official statement that all liquor outlets nationwide are strongly urged to operate under the conditions of their binding license issued by a magistrate in their area of jurisdiction.
According to Shikwambi, liquor can only be sold in accordance with the Liquor Act of 1998, Act 6 of 1998, Section (2) – Sale of Liquor and Kinds of Licenses, subject to sections 76 or 77. The act states that no person shall sell liquor except according to and in terms of a current license authorizing the sale of such liquor.
“Anyone found to violate the liquor act and failing to adhere to the stipulated liquor license will be dealt with in accordance with the law. Additionally, no person shall sell liquor to persons under the age of 18. Such actions will result in heavy penalties, and the outlet owner may lose their license if found guilty of such an offence,” she warned.
Regarding the removal of vehicle license discs by members of the Namibian Police, Shikwambi clarified that only an authorized Traffic Officer appointed in terms of Section 11 of the Road Traffic and Transportation Act 22/1999 is mandated to act in accordance with Regulation 163 of the Road Traffic and Transport of 2001.
“In terms of the removal of license discs from vehicles, the Road Traffic and Transport Regulations Act, Regulation 163, clearly stipulates that a license inspector, vehicle examiner, or Traffic Officer may issue a notice to discontinue the operation of a motor vehicle on the approved form and direct that the motor vehicle must be produced at a vehicle testing station for inspection, examination, or testing,” she added.
The notice should specify the vehicle testing station to which the vehicle should be taken and indicate the period within which the vehicle must be taken to the vehicle testing station, but the period may not exceed 14 days. The license inspector, vehicle examiner, or Traffic Officer concerned must forward a copy of the notice to the vehicle testing station referred to in sub-regulation (2)(a).
In addition to the notice issued in terms of sub-regulation (1), it states that the license inspector, vehicle examiner, or Traffic Officer concerned must remove the license disc of that motor vehicle from it and forward the notice to the vehicle testing station concerned together with the copy of the notice referred to in sub-regulation (4).
According to Shikwambi, the Criminal Procedure Act 51 of 1977, Section 20, stipulates that the State may seize certain articles following the provisions of this Chapter, seize anything which is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected commission of an offence, whether within the Republic of Namibia or elsewhere; which may afford evidence of the commission or suspected commission of an offence whether within the country or elsewhere: or which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.
In light of section 20, any Police Traffic Officer may seize or confiscate such license discs where license discs are suspected to be falsified, counterfeited, or not applicable to the motor vehicle. Any person found involved in this case will be arrested and brought before the magistrate court for criminal prosecution.
“All motorists are urged to cooperate with law enforcement officials during the execution of their duties,” she warned. Shikwambi also warned members of the Namibian Police who are acting contrary to the provisions of laws that relate to the removal of license discs to desist from such practices and simply apply the laws as stipulated.
Cooperation and collaboration are crucial, and hence during this festive season, motorists are advised to prioritize safety by first and foremost ensuring that their vehicles are in proper and roadworthy condition, obeying traffic rules and regulations, avoiding distractions while driving, refraining from driving under the influence of alcohol, and practising patience while on the road,” she stated.
Shikwambi also urged motorists to remain vigilant, use seat belts, and report any reckless driving to the proper authorities.
“The public is reminded to abide by the laws and regulations of the road and avoid arrest and prosecution during the festive season,” she warned.
