The Windhoek High Court has cautioned both Michael Amushelelo and the government to allow the legal process to take its course, as it further postponed judgement in an application seeking the removal of speed humps along Windhoek’s Western Bypass.
Judge Gabriel Komboni said that the matter should be resolved through the courts.
During the hearing, Judge Komboni questioned Amushelelo about his decision to organise a public protest after he filed the court application.
The judge asked why he had taken to the streets while the matter was still before the court, saying, "Are you fine and finding it appropriate to do whatever it is while the matter is under consideration?"
Amushelelo told the court that the protest was prompted by the actions of the Works and Transport Minister, who he said continued installing additional speed humps despite the pending court challenge.
"My actions were necessitated by the actions of the minister who, despite there being a court challenge, continued to install additional speed humps," Amushelelo said.
He argued that public protests have taken place in other cases while legal proceedings were ongoing, citing demonstrations held in murder cases as an example of people exercising their constitutional right to protest.
Representing the State, lawyer Wilhelm Amukoto argued that there was no court order preventing the minister from continuing with the installation of the speed humps.
Amukoto said he could not confirm whether additional speed humps had been installed after the application was filed.
"Up until there is a court order, nothing is stopping the functionaries from executing their duties," he told the court.
Amushelelo is asking the High Court to order the Works and Transport Minister to remove the speed humps installed along Windhoek's Western Bypass.
Judgement in the matter will be delivered this Friday.