Allexer Namundjembo
Lawyer Kadhila Amoomo says civilians are allowed to assist people injured in road accidents and that doing so is lawful.
Amoomo said assisting victims is lawful. He said section 78 of the Road Transportation Act 22 of 1999 requires drivers involved in an accident to render assistance to injured people.
“This thing of stating that you can’t assist is a terrible lie that continues to cost us lives. You will stand there waiting for an ambulance for two hours because you fear the law while you could drive to the hospital,” Amoomo said while responding to questions from the Windhoek Observer on Sunday.
He said taking videos at accident scenes is not unlawful in itself.
“In fact, such footage can assist the law enforcers. It is the distribution and dissemination of such videos on social media, especially on WhatsApp, that violates section 117 of the Communications Act 8 of 2009,” he said.
However, Amoomo said sharing such content can violate the dignity of families and affect investigations.
“Imagine the trauma of seeing your family member being filmed and such a video being distributed by strangers showcasing their dead body. Some people will need counselling,” he said.
Sean Naude of the Namibia Marshall Rangers said people often choose to film instead of helping.
“We live in a time where many have cameras in the palm of their hands, and it’s easier to take videos than to help, as people tend to rather not get involved and rather observe and record,” he said.
He said some footage is shared for attention or to show others. He said some videos can help investigations.
“However, there is a fine line between what is right and wrong, especially in such cases as the latest horrific accident between Okahandja and Otjiwarongo,” Naude said.
Naude said videos from the recent crash were insensitive. He said people had time to help those involved before the vehicles caught fire.
“The footage that was taken was close-ups of injured and deceased persons without even an attempt to help the occupants, and once it was too late to help, the footage was shared without any consideration of those involved or their loved ones who may come across it being spread on social media,” he said.
He said in cases where there is danger such as fire or water, people should act if it is safe.
“If you are able to safely extract the persons without putting your life in direct danger, you should do it, as by the time rescue or emergency services arrive, it may be too late,” Naude said.
Referring to the accident outside Okahandja towards Otjiwarongo, Naude said there was time and enough people to assist.
“The doors were almost open already due to impact and the windows as well, giving those on the scene a window of opportunity to extract those involved,” he said.
He said the fire started in the front of the bakkie and had not yet spread to the sedan.
“There was a direct threat and therefore we should do everything we can to remove occupants even should it cause them more injuries by doing so,” he said.
Videos from the accident were shared online showing the victims before both vehicles were engulfed in flames. All four occupants in the sedan died.
The Otjozondjupa police have not released the names of the victims. Police said the driver of the sedan was avoiding hitting a guineafowl at the time of the crash.
