Oshakati to mark taxis

The Oshakati Town Council in Namibia has announced a renewed initiative to register and officially mark taxis operating within its jurisdiction. This regulatory effort aims to enhance public safety, curb criminal activities, and bring order to a largely unregulated local taxi industry. The proposed system, which benchmarks against the Otjiwarongo Municipality's model, is intended to address the proliferation of unregistered vehicles and protect legitimate operators. This development follows a previous attempt in 2024 that was halted due to concerns over premature implementation and lack of stakeholder consultation. The current plan relies on existing legal frameworks, including the Road Transportation Act 74 of 1977, its accompanying regulations, and the Local Authorities Act 23 of 1992, highlighting the ongoing challenges in modernising Namibia's transport legislation.

The Oshakati Town Council is embarking on a significant regulatory undertaking, announcing plans to register and officially mark all taxis operating within its municipal boundaries. This move, spearheaded by Oshakati environmental health manager Kornelius Kapolo, aims to bring much-needed order to a public transport sector currently characterised by a lack of formal oversight, posing risks to both commuters and legitimate service providers. The initiative is presented as a critical step towards improving public safety, combating crime, and ensuring fair competition within the local taxi industry.

This development is particularly noteworthy given the broader context of Namibia's public transport landscape, which has long grappled with outdated legislation and the complexities of regulating a rapidly evolving sector, including the emergence of e-hailing services. The Oshakati Council's decision reflects a localised response to national challenges, seeking to implement practical solutions under existing legal provisions. For legal practitioners, this initiative signals potential shifts in municipal enforcement, compliance requirements for transport operators, and the ongoing interplay between national transport policy and local governance powers.

The article will delve into the legal underpinnings of the Oshakati Council's proposed taxi marking and registration scheme, examining the relevant national and local legislative frameworks. It will further analyse the implications for taxi operators and the broader public, considering the historical context of transport regulation in Namibia and the challenges inherent in such reforms.

The regulatory landscape for public transport in Namibia is primarily governed by a combination of national legislation and local authority by-laws. Central to this framework is the Road Transportation Act 74 of 1977, which, despite the subsequent enactment of the Road Traffic and Transport Act 22 of 1999, remains largely in force concerning passenger transport. The 1977 Act, along with its associated Road Transportation Regulations, empowers the Road Transportation Board to regulate public passenger transport, including the issuance of permits and the approval of fare adjustments.

Complementing this national legislation is the Local Authorities Act 23 of 1992, which defines the powers, duties, and functions of local authority councils, such as the Oshakati Town Council. This Act explicitly grants local authorities responsibilities in providing essential services, including public transport. Specifically, Section 56 of the Local Authorities Act provides for the "Establishment of public transport services on behalf of local authority councils." This statutory provision forms a crucial legal basis for municipalities to enact by-laws and implement schemes aimed at regulating local transport services. The Road Traffic and Transport Act 22 of 1999, while repealing many older transport laws, focuses more broadly on traffic control, driver licensing, and vehicle registration, with specific provisions for the Transportation Commission of Namibia. The Road Traffic and Transport Regulations, 2001, further detail aspects of vehicle standards and road use.

Namibia has also developed a comprehensive Namibian Transport Policy (2018-2035) which aims to ensure efficient, safe, and affordable public transport and acknowledges the need for updated legislation and institutional structures. However, government officials have noted that the sector still relies on transport laws dating back to the 1970s, and new regulations, particularly those addressing modern services like e-hailing, have been slow to materialise. This legislative inertia at the national level often compels local authorities to take proactive measures within their existing mandates to address immediate public safety and regulatory concerns.

The Oshakati Town Council's initiative to register and mark taxis draws its legal authority from the interplay of the aforementioned national statutes and its inherent powers as a local authority. Kornelius Kapolo, the Oshakati environmental health manager, explicitly stated that the initiative aligns with the Road Transportation Act of 1977, the Road Transportation Regulations, and the Oshakati Town Council by-laws. The Local Authorities Act 23 of 1992 empowers local councils to provide public transport services and to make by-laws for the good governance of their areas, which would include regulating local transport.

The proposed system, which involves mandatory registration and visible markings, seeks to address significant challenges such as the prevalence of unregistered vehicles and the use of private cars as illegal taxis. This lack of regulation has been linked to increased criminal activities, with individuals posing as taxi drivers to target unsuspecting passengers. By requiring registration and identification, the Council aims to enhance accountability, improve passenger safety, and protect legitimate taxi operators from unfair competition. The benchmarking against the Otjiwarongo Municipality's system suggests a practical, tested approach to local transport regulation.

However, the implementation of such a scheme is not without its complexities and potential for legal challenges. A previous attempt by the Oshakati Town Council in June 2024 to register taxis was reportedly halted by politicians, with the Namibia Bus and Taxi Association (NABTA) raising concerns about premature decision-making and insufficient consultation with stakeholders. This historical context underscores the importance of robust legal process, thorough stakeholder engagement, and clear communication to ensure the legitimacy and successful implementation of the current initiative. While local authorities have powers to regulate, these powers must be exercised within the confines of national legislation and constitutional principles, including the right to economic activity and fair administrative action.

The continued reliance on the Road Transportation Act of 1977 for passenger transport regulation, despite the 1999 Act, highlights a broader legislative gap in Namibia. This fragmented legal framework can lead to ambiguities and challenges in enforcement, particularly when local by-laws interact with older national statutes. The establishment of a municipal police force in Oshakati, expected to be launched soon, could significantly bolster the enforcement capacity for these new regulations, but it also necessitates clear delineation of powers and responsibilities between municipal and national law enforcement agencies.

From a comparative perspective, many jurisdictions implement similar taxi marking and registration schemes to ensure public safety and regulatory compliance. The success of Oshakati's initiative will depend on its ability to navigate the legal requirements, secure political and industry buy-in, and effectively enforce the new regulations. The process of presenting the proposed policy to the Oshana police regional commander and then to the Oshakati Town Council for approval indicates an awareness of the need for multi-agency endorsement and formal adoption.

The Oshakati Town Council's renewed drive to register and mark taxis represents a crucial effort to bring order and safety to its public transport sector. For legal practitioners, this initiative underscores the dynamic nature of regulatory compliance at the municipal level, particularly in sectors where national legislation may be outdated or fragmented. Attorneys advising taxi operators or transport associations must closely monitor the specific by-laws and regulations that emerge from this process, ensuring their clients understand and comply with new registration, marking, and operational requirements.

Practitioners should be prepared to advise on potential challenges, including the scope of municipal powers under the Local Authorities Act 23 of 1992 in relation to national transport laws, and the procedural fairness of the implementation process, especially in light of past attempts that faced political and stakeholder resistance. The success of this initiative will hinge on transparent consultation, clear legal drafting, and effective enforcement, all while balancing public safety concerns with the economic interests of taxi operators. The launch of the Oshakati municipal police will be a key factor in enforcement, and its powers and jurisdiction will require careful scrutiny. This development in Oshakati serves as a microcosm of the broader need for comprehensive and modernised transport legislation across Namibia.