High Court rejects urgent bid to remove speed humps

Acting High Court judge Gabriel Komboni has criticised government for failing to explain why speed humps were installed on Windhoek's B1 Western Bypass, even as he dismissed an urgent application to have them removed.

The application against works and transport minister Veikko Nekundi and the Roads Authority was brought by social activist Michael Amushelelo last month.

“It is clear from my summary of the defence mounted by the respondents that they have not engaged the applicant regarding his factual averments,” Komboni said on Friday during his ruling. "I need to add also that the respondents have not stated circumstances and reasons why it was deemed necessary to install the speed humps on the sections of the road as described by the applicant."

Komboni also found that Amushelelo’s application failed to identify the specific laws that prohibited the installation of the speed humps or required the respondents to remove them.

“In my opinion, this is not a proper case for the court to exercise its discretion in favour of granting the declarator,” he ruled. “The applicant has not stated the exact provisions of the Road Traffic and Transport Act that give him the right he alleges he has. He must have stated the provision of the law in his founding affidavit. This he has failed to do.”

In conclusion, the judge ordered each party to cover its own legal costs.

Following Friday’s ruling, Amushelelo said he was disappointed with the outcome and that he intends to study the judgment and the reasons for its dismissal before filing an application for leave to appeal.

Public outcry

Amushelelo's urgent application sought to ask the court to declare that the installation of speed humps on the Western Bypass is unlawful and a public hazard.

He also asked the court to compel authorities to remove the speed humps immediately, or within 24 hours of such an order being granted.

He argued that the speed humps posed a serious risk to motorists and claimed that several accidents had occurred since their installation.

In addition to the lawsuit, Amushelelo organised a protest along the B1 Western Bypass two weeks ago, after more than 17 000 motorists had signed a petition calling for the removal of the speed humps.

The demonstration followed the installation of the first set of speed humps on the bypass, with additional traffic-calming measures later erected near Windhoek Country Club and Prosperita.

Amushelelo alleged that 14 days since these speed humps were installed, nine accidents were recorded. "That amounts to an average of two accidents every day," he claimed.

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