Farmers liable for farmworkers transport accidents – Kenny Africa

Retired provincial traffic chief Kenny Africa. Picture: Brendan Magaar/African News Agency(ANA)

Retired provincial traffic chief Kenny Africa. Picture: Brendan Magaar/African News Agency(ANA)

Published Feb 11, 2021

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Cape Town - Former provincial traffic chief Kenny Africa has called for a change in legislation in order to impose liability on farm owners for the unsafe transportation of farm workers.

Africa who is now a traffic law enforcement specialist said that this change should come about “notwithstanding the charge against drivers who make themselves guilty of reckless driving”.

Africa was making a presentation to the standing committee on agriculture which on Wednesday afternoon focused on the transport of farm workers.

Africa said: “In order to stop this unfair and unnecessary carnage of the most vulnerable and most marginalised in our communities, it is imperative that a strict no-nonsense approach be taken and that adequate resources be committed to deal with this dilemma.”

In his contribution to the briefing, Agri-Western Cape CEO Jannie Strydom said: “Better policing during peak production hours is needed and traffic enforcement and SAPS should assist at the pick-up points to prevent illegal passengers gaining access to vehicles. We would also support a speed limit on trucks transporting people.”

Stellenbosch municipality traffic chief Gavin Solomons said: “Although there is nothing in the law that relates specifically to transporting workers on a farm, the Occupational Health and Safety Act places a duty on employers to maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of farm workers. Farm workers must also take reasonable precautions over their own health and safety at work,” said Solomons.

Committee chairperson Andricus van der Westhuizen said: “While farm worker transport is a complex matter and requires a multi-dimensional intervention, it is clear that great strides can be made by attending to some practical measures.”

“These measures include ensuring that the drivers of trucks are getting enough rest; that they have been provided with sufficient training along with competence tests such as eye examinations as well as informing traffic authorities of reckless driving and avoiding the overloading of trucks,” said Van der Westhuizen.

“Some measures suggested here can be introduced immediately and at low cost, whereas regulatory changes will require time and buy-in at the national government level,” said Van der Westhuizen.

Provincial deputy director-general for agricultural development and support services Darryl Jacobs said the department’s proposed interventions include: “Extensive discussions and engagements with producers and agricultural stakeholders on a range of matters, which include the safe transportation of agri workers.”

Meanwhile, committee member Peter Marais (FF+) withdrew his comment made in a heated argument at the previous committee meeting.

In a statement he made before the briefing began, Marais said: “Verbal jabbing and sparring occurred between myself and member Baartman. She claimed to be confused by what I was saying, and asked me to explain myself.”

“I considered this an invitation to good verbal sparring and jabbing at each other, as often happens in parliamentary debate. I then offered to school her. I looked up her reference to confused and it means muddled or in disarray. Whereas the Oxford dictionary said schooling means to guide and to inform.”

“While I do not concede that the word schooling is derogatory, insulting or even sexist, I have nevertheless decide to withdraw the word as member Baartman perceived it to be of such a nature and it was never my intention,” said Marais.

Van der Westhuizen accepted the explanation and reminded members that that the public was watching them and it was necessary to maintain necessary decorum.

Cape Argus