STATEMENT BY THE RT HON PRIME MINISTER

LAUNCH OF THE REPORT OF THE COMMISSION OF ENQUIRY INTO THE MALAGWANE ACCIDENT OF 29 APRIL 2014

AT THE CABINET OFFICES

WEDNESDAY 11 MARCH 2015

Honourable Ministers

Members of the Commission of Enquiry

Representatives of the Media

The accident that occurred on 29 April last year on the Malagwane Hill was one of the worst disasters in our country in living memory. In its suddenness and severity, it shook the Nation to the core, leaving all motorists – indeed, all road travelers – in a state of shock, feeling desperately sorry for the victims as well as thinking: “but for my own good fortune I could myself have been one of the victims.”

Tragically, death came to three people - three innocent people who did not deserve any serious disruption to their journey, let alone losing their lives during it. Again today, on behalf of His Majesty’s Government I extend our deepest condolences to the families of those who lost their lives in that accident.

And I also express our regret and sympathy to the individuals who were injured and those who lost valuable property in the accident – many, in fact, suffering both forms of damage.

As is essential in the event of a tragedy of this nature, a Commission of Enquiry was appointed immediately after the accident and the Commission has issued its Report, following a great deal of investigative and analytical work that included many interviews with victims and other witnesses. Today, following Cabinet’s consideration and approval of the official Report, Government is launching it into the public domain.

There were, of course, two accidents on the downhill slope of the Malagwane Hill that day. While the first accident did not directly cause loss of life or extensive damage, there have to be put in place the necessary measures that will prevent such an accident recurring and resolving the material and human deficiencies identified in respect of that accident.

Our ability to deal with the two accidents, both preventatively and remedially, were found to be wanting in many respects. Inadequate infrastructure, a lack of the necessary resources, and poor coordination by the agencies responsible for accidents of this nature were found among the main shortcomings. Those who carried some measure of responsibility, whether large or small, are set out in the Report. While the Report does not quantify the degree of individual liability it is clear that, had the truck that caused the second accident been travelling at a speed, that would enable to it stop safely in the event of any obstruction on the road, the terrible carnage and property destruction would not have occurred.

Today, I want to dwell less on the causes, and focus more on reporting to the Nation what has been, or is being, done since that day to implement the recommendations of the Commission’s Report, and minimize the risk of a recurrence of a nightmare of these proportions and improve the quality of the response of the public agencies if such an event were to occur.

Once upon a time the Malagwane Hill was rated publicly as the most dangerous stretch of road in the world. I would question the statistical computation that arrived at that global rating, but the road certainly had its hazards in those days. With our new highway, the monitoring of speed and an all-round awareness of obstructions are key improvements recommended by the Report and necessitating immediate implementation.

I am pleased, therefore, to report that, thanks to the generosity of the Government of the Republic of China (Taiwan), a six million Emalangeni project has been donated to Swaziland that provides an Intelligence Transport System for the Malagwane stretch of road. This will include 10 changeable message signs - electronic billboards alerting drivers to dangerous circumstances – and 30 surveillance cameras, all of these to be placed in nine separate locations on the downhill and uphill sections of the Malagwane Hill.

A Command Centre that coordinates emergency action by the various agencies is at the discussion and design stage.

Speeding above the set limits on our highways, as well as the carrying of excess weight in heavy goods vehicles, are also contributors to serious road accidents and the level of our fines is woefully inadequate to deter offenders, compared with what prevails in neighbouring countries. The draft regulations for the current road traffic legislation have therefore been amended - especially with regard to speed, licensing, maximum loads and dangerous substances - and are expected in Cabinet in the near future.

There are numerous infrastructure improvements recommended in the Report. Resources are not available for immediate implementation of all the Commission’s recommendations, which include the revival of the rail line from Ngwenya to Matsapha, a separate truck lane in designated areas, compulsory docking stations, more arrestor beds and a flyover bridge at Bahai. Nevertheless, a Task Team will be formed in the very near future that will prepare costings and identify the prioritization of these options so that they can be incorporated in future budgets. Government will also review the current weighbridge arrangements to provide more effective monitoring.

Regulations relating to driving schools and instructor training will be reviewed, as well as implementing a general upgrading of training and licensing for heavy duty motor vehicles. Enhanced motorized visibility policing now covers the upper stretches of the Malagwane Hill in peak hours, to introduce an improved measure of control over heavy goods vehicles, especially to avoid bunching.

No innocent victim of accidents of this nature should be left with personal injury or property damage for which there is no compensation. Fortunately, the owner of the second truck had insurance cover and was able to compensate those who suffered property damage. We trust that this process has met all such claims.

In respect of personal injury, our Motor Vehicle Accident Fund (MVA Fund) will provide a degree of compensation. I therefore urge all victims of the accident who have suffered personal injury to submit their claims to the MVA Fund within the set two year period. I should add, however, that compensation extends only up to a maximum of E1 million for any one accident. This is clearly not adequate, and should be reviewed as a matter of urgency, given the potential costs of complex surgery and aftercare in the present day, especially where referral outside the country is required.

Government will therefore carry out an urgent review of the MVA Fund to ensure that there is adequate cover for personal injury as well as property damage sustained by innocent victims. This might ideally be funded through the existing revenue collection process from an addition to the fuel levy. We must have adequate funding that keeps such claims out of the lengthy and expensive court process and enables innocent victims to be quickly and properly compensated in the event of an accident that is caused by the negligence of others on our roads and not covered by alternative forms of compensation. And let us remember that damage sustained by the victims of this accident was not restricted to property and personal injury. Through the loss of their vehicles some individuals were also deprived of their ability to operate their business and earn an income.

Government will now review all the recommendations of the Commission’s Report and carry out an appropriate implementation programme.

It is now my honour, on behalf of His Majesty’s Government, to launch the Commission of Enquiry Report, and thank and commend the members of the Commission for their commitment and competence in conducting the investigation quickly and comprehensively. I also thank all those people who came forward with information that enabled the Commission to carry out its Enquiry.

Thank you.

Download Malagwane Accident Report 2014