End of Road Impunity: War is Declared!
Title: End of Road Impunity: War is Declared!
On Sunday, November 30, 2025, Le Dimanche Hebdo reported on the growing anger from bereaved families as authorities attempt to curb the rising death toll on our roads. The Minister of Land Transport aims to categorize certain involuntary homicides as criminal acts. Experts and legal professionals are debating a reform that could drastically change road law in Mauritius.
Reshma Raoma clutches a photo of her son, Ritvik, who tragically died in a cycling accident on December 4, 2023. "He had just celebrated his graduation ceremony in August 2023, and now he’s gone. Meanwhile, the driver who hit him is still free. Where is the justice?"
Like Reshma, Savoya Andrine participated in a march on November 22, organized by the Movement for Road Safety and Justice in Rose-Hill. She held a photo of her late husband, Kersley, who was fatally struck while cycling in 2009 and left for dead. "The loss of my husband still haunts me. I wanted to support families who have experienced the same tragedy."
These two women were part of a large crowd that gathered in Rose-Hill to honor the memories of victims like Muzammil Hossenboccus, Kelyan Alfred, Amrita Luchmun, and Laeticia Philibert Ramkalawon. The grief remains fresh, and the wounds never truly heal.
In response to the alarming number of road deaths attributed to drugs, alcohol, and negligence, Transport Minister Osman Mahomed has announced plans to redefine driving under the influence as more than just negligence. He intends to reclassify certain involuntary homicides as "vehicular manslaughter," a category akin to intentional homicide.
This reform represents a significant legal paradigm shift, as explained by lawyer and former magistrate Noren Seeburn. "We want to create a third category between voluntary manslaughter and negligent homicide," he noted, emphasizing the need to identify a criminal mindset in drivers.
Seeburn illustrates this with the example of a driver under the influence of drugs, who is aware that their reflexes are impaired and the risk of a severe or fatal accident is heightened. This behavior reflects a disregard for the safety and lives of others, turning a fatal accident into a consequence of criminal mentality.
He describes the criminal driver as one with "culpable indifference," distinct from mere negligence. The criminal driver shows no consideration for the life and safety of others. This approach addresses a fundamental legal gap, as Barlen Munusami, a road safety expert, asserts that Mauritian law confuses behaviors of varying severity regarding road violations.
Under the Road Traffic Act, there is no mention of criminal acts while driving. While the Mauritian Penal Code defines a crime by two elements—material act (actus reus) and culpable intent (mens rea)—the road legislation merely categorizes violations as "offenses" or "misdemeanors," failing to acknowledge the intentionality that is intrinsic to the concept of a criminal act.
The urgency for proportional sanctions is also highlighted. Munusami notes that the legal blood alcohol limit in Mauritius was lowered to 20 mg per 100 ml of blood in 2018, compared to 50 mg in most European countries and 80 mg in the United States. However, he criticizes this as ineffective since a driver found with 21 mg faces the same penalties as one caught at 100 mg, leading to a lack of proportionality in sanctions.
In addition, Munusami argues that the same logic should apply to drug-driving cases. While police now have detection equipment, there are still gaps regarding synthetic substances. Their effects are evident, with some users appearing "like zombies" on the streets, presenting a real danger if they were to drive.
Barlen Munusami suggests that drivers over the age of 70 should renew their licenses annually with a medical certificate from a police doctor, as their reflexes and sensory acuity decline with age. For young drivers, he proposes a provisional license with restrictions to enhance safety.
The expert believes education is the key to long-term change. Despite the immediate effectiveness of strict enforcement, which can deter dangerous behavior, he emphasizes that real cultural change regarding road safety must start early. By implementing comprehensive educational programs in schools, Mauritius could cultivate a generation with a strong road safety culture.
Finally, Munusami addresses infrastructure issues that contribute to road accidents, including poorly lit roads and faded markings. He advocates for improved road construction techniques and better public lighting to enhance safety.
As the Movement for Road Safety and Justice continues to push for reforms, the call for justice and accountability on the roads of Mauritius grows louder, aiming to eradicate impunity and prioritize citizen safety above all else.