Activist Michael Amushelelo has failed to show that minister of works and transport Veikko Nekundi and the Roads Authority violated the law with the installation of speed humps on sections of the Western Bypass road in Windhoek.
This is a finding made by judge Gabriel Komboni in a judgement delivered in the Windhoek High Court on Friday.
Komboni dismissed an urgent application about the speed humps that Amushelelo filed against Nekundi and the Roads Authority (RA) about four weeks ago.
In his judgement, Komboni found that Amushelelo “has fallen short of demonstrating that the respondents [Nekundi and the RA] acted unfairly and unreasonably”.
Komboni added: “He has failed to demonstrate that the respondents acted contrary to the common law or any relevant legislation.”
Amushelelo also failed to indicate in a sworn statement filed at the court which parts of the Road Traffic and Transport Act of 1999 he claimed were violated with the placing of speed humps on the Western Bypass road, Komboni said.
Amushelelo was asking the court to declare the installation of speed humps on the Western Bypass in the vicinity of Windhoek’s Northern Industrial Area unlawful, not in compliance with the Road Traffic and Transport Act and a public hazard.
He also asked the court to compel the minister of works and transport and the RA to remove the speed humps placed on the Western Bypass.
Lastly, Amushelelo requested the court to issue an interdict that would stop the minister and the RA from constructing or authorising any further speed humps on any national highway or designated freeway in Namibia.
Amushelelo argued that the speed humps disrupt the free flow of traffic on a highway designed for high-speed traffic and pose a risk to motorists using the road.
Nekundi opposed Amushelelo’s application, and claimed that the concept of a “highway” does not exist in Namibian law and that no road in Namibia has been officially declared a freeway.
The RA has said in a media statement that the speed humps were installed on parts of the Western Bypass where accidents involving pedestrians crossing the road have been recorded.
However, neither Nekundi nor the RA informed the court of the circumstances or reasons why it was deemed necessary to install the speed humps, and they have not assisted the court with factual information in answer to allegations that Amushelelo made in his affidavit, Komboni noted.
“They have not even explained to the court what informed the installation of the speed humps,” he remarked, saying that for that reason he would not give a costs order in favour of the minister and the RA against Amushelelo.
Amushelelo did not have legal representation in the matter.
Government lawyer Wilhelm Amukoto represented the minister.
