Samoa’s iconic wooden buses are death traps on wheels, yet they remain in operation. The Supreme Court has rightfully raised questions about the ageing buses, including how such buses continue to get passed at the Land Transport Authority.

Buses are essential, providing an important connection for people and linking them to many services. They are the main mode of public transportation and an integral part of the economy. Buses have been around for decades, and now the ageing vehicles pose a risk to the lives of many. The wooden buses may be iconic, however, they are a danger to the public. By being in operation, it can only be assumed that some bus operators will gladly choose profits over lives.

The Supreme Court, when sentencing the bus driver responsible for the two deaths in Malifa in October 2023, questioned why the owners of a bus involved in an accident that killed two people were not charged for neglecting the care of the bus, and asked if wooden buses should remain on Samoa's roads.

The court found that upon impact, the bus split in half, scattering passengers and debris across the road in front of Phat Burger.  Senior Supreme Court Judge Justice Vui Clarence Nelson compared the bus to the proverbial 'an accident waiting to happen'.

The wooden structure of the bus is not reinforced and every time a wooden bus has been in an accident, the damage has been significant, and people have been injured or died. The buses are mostly made on the chassis of the Toyota D-series trucks; the last one manufactured was in 2001. This means parts of the buses are obsolete and most of the machines on the road are being put together with whatever part fits and often it is not the right one.

Justice Nelson also pointed to the second actor in the tragedy at Malifa, the owner of the bus, Kamuka Sang Yum. He noted documents before the court revealing a history of gross negligence, incompetence and callous unconcern for the condition of his vehicle.

“Why the police have not brought charges against him is a matter only they can answer,” he added.

“It is feeble to claim that he did not know the many mechanical issues the bus was experiencing. The evidence before the court is that the bus was at all material times operated by his company as an omnibus vehicle carrying passengers for financial reward, it being the only one servicing the Apia/Falealili route via Falealili Street and the Cross Island Road which runs coast to coast through the steep mountains of central Upolu.”

In 2023, when the accident happened, the bus company was quick to issue a public statement and distance itself from the crash. Four days after the crash, the Deputy Prime Minister, Tuala Iosefo Ponifasio told this newspaper that the bus owners should also be criminally charged together with the bus driver. It makes sense for that option to be further explored by the Police and Attorney General’s Office, as any failure to directly hold the bus company owners culpable could create a legal precedent, that could see errant operators escape and not be held accountable for the failures of their in-house safety protocols as a provider and operator of an essential service such as public transport.

The police have to answer this question. The owners should be held responsible because the bus was not in a proper shape and had not been for some time. The company closed its operation a few weeks after the tragedy.

An inquest is needed. A full inquiry by way of an inquest would answer important questions, such as why the LTA continued to license an 18-year-old vehicle to carry passengers daily over a steep mountain road. Something does not seem to be right at the LTA. A change is needed to ensure that the vehicles are passed in the right manner.

Justice Nelson recalled that in the mid-1990s, there was a proposal by the TCB (the ‘Transport Control Board’, predecessor to the LTA) to completely ban the use of wooden frame buses. This was initially accepted by the ministries concerned but subsequently rejected by the government due to objections from powerful commercial bus owners and operators. This act 35 years ago is the same reason why these death traps are still transporting people.

The people deserve a public transport system that is not only efficient but can be trusted for their safety. Wooden buses need to be taken off the road and at the same time, bus operators need to be provided with incentives so better buses can be brought in.