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TTL621S - TRAFFIC AND TRANSPORTATION LEGISLATION - 2nd Opp - MARCH 2024 |
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nAm I BIA un IVE RS ITY
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCES and EDUCATION
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATION: BACHELOROF TRANSPORTATIONMANAGEMENT
QUALIFICATION CODE: 07BTRM
COURSE CODE: TTL621S
LEVEL: 6
COURSE NAME: TRAFFIC AND TRANSPORTATION
LEGISLATION
SESSION: MARCH 2024
PAPER: THEORYAND CASESTUDIES
DURATION: 3 HOURS
MARKS: 100
EXAMINER(S)
MODERATOR:
SPECIAL/ EXIT EXAMINATION
Mariette Hanekom
Emmy Wabomba
INSTRUCTIONS
1. The paper has 5 main questions.
2. ALL the questions are compulsory.
3. Read carefully before answering.
4. Write clearly and neatly.
5. Number the answers clearly and according the structure in the examination question
paper.
6. Write full sentences. Candidates will be penalised for incorrect spelling and illegible
handwriting, as well as for the inappropriate use of "bullet points".
PERMISSIBLE MATERIAL
The Namibian Constitution
THIS EXAMINATION PAPER CONSISTS OF 5 PAGES (Including this front page)
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QUESTION 1
Briefly answer the following questions.
1.1 Name the 4 road corridors that transverse Namibia and indicate the main cities/areas
linked by them.
(8)
1.2 What is the difference between Road Traffic and Road Transport?
(2)
1.3 In terms of the Road Traffic and Transportation Act 22/1999, who is the "owner" of a
vehicle?
(1)
1.4 Which two human rights are regarded as absolute?
{2}
1.5 Distinguish between the Namibian RoadsAuthority (RA},the RoadsContractor Company
(RCC}and the Road Fund Administration (RFA)with regard to their respective functions.
(3)
1.6 What is the difference between the "tare" and the "gross vehicle mass" of a vehicle?
(3)
1.7 May a traffic officer dismantle a vehicle?
(2)
1.8 In terms of the Road Traffic and Transportation Act 22/1999, what is a "sidewalk"?
(2)
1.9 The Roads Ordinance provides for the division of proclaimed roads into four classes.List
these classes.
(4)
1.10 What is the purpose of the Motor Vehicle Accident Fund Act 10/2007?
(3)
[30]
QUESTION 2 FOLLOWS ON THE NEXT PAGE
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QUESTION 2
You are the Manager: Logistics and Transportation of Minura Mining, a company that owns a
Uranium Mine in the coastal area of Namibia. It is your responsibility, amongst others, to
manage all transportation matters within the company, including ensuring that vehicles are safe
and meet legal requirements, and making sure that drivers are aware of their duties.
Answer the following questions:
2.1 Identify the symbols below and briefly describe the risks of each.
2.1.1
2.1.2
(Two marks each) (4)
2.2 A "competent authority" is charged with the enforcement of the regulations governing
the transportation of dangerous goods. Who is the "competent authority" in Namibia?
(1)
2.3 A consignment of uranium has to be transported to a top-secret destination in a
neighbouring country. The consignments will be transported by road. Because of the
nature of the consignment, you wish to avoid the publicity that accompanies
transporting dangerous goods by road. How can you avoid this and what is the
procedure to be followed?
(5)
2.4 You need to appoint drivers to transport the consignments. What is the minimum age
that these drivers should be?
(1)
2.5 What are "high consequence dangerous goods"?
(2)
QUESTION 2 CONTINUES ON THE NEXT PAGE
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2.6 What is a multi load, and why must special care be taken in the transportation of these
loads?
(5)
2.7 On a different occasion one of your drivers is stopped by a dangerous goods inspector.
The inspector wants to unpack some of the goods being transported. This may only be
done subject to certain conditions. What are these conditions?
(3)
2.8 You must ensure that your drivers are properly trained. List the three main areas of
training as required by the UN Model Regulations on the Transportation of Dangerous
Goods.
(3)
2.9 Upon completion of their training the drivers will be issued with a Certificate of Training.
What is the validity of this certificate?
(1)
2.10 Identify the elements of the placard numbered 1 to 5 respectively.
(5)
11-2!,,-11"--'"- --,i,,=-~~il
2.11 You have to organise the transportation of mining equipment from Walvis Bay to the
mine. The consignment consists of six disassembled dump trucks that are 5 metres wide
and weigh approximately 30 tonnes each. Will this be regarded as an abnormal load?
Motivate your answer.
(2)
2.12 In the event of it being an abnormal load, which procedures will you have to comply
with before transporting it on a public road?
(4)
2.13 Special conditions apply to vehicles that require a Police escort. List 4 (four) of these
conditions.
(4)
[40]
QUESTION 3
Discussthe purpose ofthe SADCProtocol on Transport, Communications and Meteorology as
evidenced by its preamble and strategic goals.
Your answer should not exceed one page.
[10]
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QUESTION 4
Read the following case study and indicate which human rights have been infringed. Refer to
the exact articles.
On 13 November 2023 Mr Thomas, an elderly man from Angola who cannot speak English, is
stopped at a road block outside Windhoek. The English-speaking traffic officer demands to see
his passport. Mr Thomas does not understand the traffic officer and does not have his passport
with him. He is summarily arrested on suspicion of being an illegal immigrant and thrown into
the back of a Police vehicle. He is kept in isolation in the Police cells at Hosea Kutako airport
prison and not permitted to speak to anybody from outside. He is also beaten up by the Police
and given rotten food to eat. His trial takes place on 20 November 2023. He is not given a
chance to state his case, but is immediately found guilty by the Magistrate, who said: "you
Angolans always think you can just come into Namibia and do what you want"
Note: Marks will be deducted for irrelevant references to the Namibian Constitution.
[10]
QUESTION 5
Discuss 5 (five) duties of the operator as contained in Section 64 of the Road Traffic and
Transportation Act 22 / 1999.
[10]
TOTAL MARKS 100
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Re~ubtic of Namibia . 12 Annotated Statutes
~!amibian Constitution
Article 6
Protection of Life
The right to life shall be respected and protected. No law may prescribe death as a competent
sentence. No Court or Tribunal shall have the power to impose a sentence of death upon any
person. No executions shall take place in Namibia.
Article 7
Protection of Liberty
No persons shall be deprived of personal libe1ty except according to procedures established by
law.
Article 8
Respect for Human Dignity
(1) The dignity of all persons shall be inviolable.
(2) (a) In any judicial proceedings or in other proceedings before any organ of the State,
and during the enforcement of a penalty, respect for human dignity shall be
guaranteed.
(b) No persons shall be subject to torture or to crnel, inhuman or degrading treatment
or punishment.
Article 9
Slavery and Forced Labour
(I) No persons shall be held in slavery or servitude.
(2) No persons shall be required to perform forced labour.
(3) For the purposes of this Article, the expression "forced labour" shall not include:
(a) any labour required in consequence of a sentence or order of a Court;
(b) any labour required of persons while lawfully detained which, though not required
in consequence of a sentence or order of a Comt, is reasonably necessary in the
interests of hygiene;
(c) any labour required of members of the defence force, the police force and the
correctional service in pursuance of their duties as such or, in the case of persons
who have conscientious objections to serving as members of the defence force, any
labour which they are required by law to perform in place of such service;
[Sub-Article {3)(c) is amended by Namibian Constitution Second Amendment Act 7 of 2010.
Note that Act 7 of 2010 erroneous!y states that it is amending
Sub-Article {1)(c) rather than Sub-Article (3)(c).]
(d) any labour required during any period of public emergency or in the event of any
other emergency or calamity which threatens the life and well-being of the .
community, to the extent that requiring such labour is reasonably justifiable in the
circumstances of any situation a1ising or existing during that period or as a result of
that other emergency or calamity, for the purpose of dealing with that situation;
(e) any labour reasonably required as part of reasonable and normal communal or
other civic obligations.
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Republic of Namibia 13 Annotated Statutes
Namibian Constitution
Article 10
Equality and Freedom from Discrimim1lion
(1) All persons shall be equal before the law.
(2) No persons may be discriminated against on the grounds of sex, race, colour, ethnic
origin, religion, creed or social or economic status.
Article 11
Arrest and Detention
(1) No persons shall be subject to arbitrary a1Testor detention.
(2) No persons who are an-ested shall be detained in custody without being informed
promptly in a language they understand of the grounds for such a1Test.
(3) All persons who are arrested and detained in custody shall be brought before the nearest
Magistrate or otherjudicial officer within a period of forty-eight (48) hours of their iirrest ...
or, if this is not reasonably possible, as soon as possible thereafter, and no such persons
shall be detained in custody beyond such period without the authority of a Magi~trate or
other judicial officer.
(4) Nothing contained in Sub-Article (3) hereof shall apply to illegal immigrants held in
custody under any law dealing with illegal immigration: provided that such persons shall
not be deported from Namibia unless deportation is authorised by a Tribunal empowered
by law to give such authority.
(5) No persons who have been anested and held in custody as illegal immigrants shall be
denied the right to consult confidentially legal practitioners of their choice, and there shall
be no interference with this right except such as is in accordance with the law and is
necessary in a democratic society in the interest of national secmity or for public safety.
Article 12
Fair Trial
(1) (a) In the determination of their civil rights and obligations or any criminal charges
against them, all persons shall be entitled to a fair and public hearing by an
independent, impartial and competent Court or Tribunal established by law: provided
that such Court or Tribunal may exclude the press and/or the public from all or any
part of the trial for reasons of morals, the public order or national security, as is
necessary in a democratic society.
(b) A trial referred to in Sub-Article (a) hereof shall take place within a reasonable
time, failing which the accused shall be released.
(c) Judgments in criminal cases shall be given in public, except where the interests of
juvenile persons or morals otherwise require.
(d) All persons charged with an offence shall be presumed innocent until proven guilty
according to law, after having had the opportunity of calling witnesses and cross-
examining those called against them.
(e) All persons shall be afforded adequate time and facilities for the preparation and
presentation of their defence, before the commencement of and dming their trial,
and shall be entitled to be defended by a legal practitioner of their choice.
(f) No persons shall be compelled to give testimony against themselves or their
spouses, who shall include partners in a maniage by customary law, and no Court
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Republic of Namibia 14 Annotated Statutes
Namibian Constitution
shall admit in evidence against such persons testimony which has been obtained
from such persons in violation of Article 8(2)(b) hereof.
(2) No persons shall be liable to be tried, convicted or punished again for any criminal
offence for which they have already been convicted or acquitted according to la'0f:
provided that nothing in this Sub-A1ticle shall be construed as changing the provisions of
the common law defences of "previous acquittal" and "previous conviction".
(3) No persons shall be h·ied or convicted for any criminal offence or on account of any act
or omission which did not constitute a criminal offence at the time when it was
committed, nor shall a penalty be imposed exceeding that which was applicable at the
time when the offence was committed.
Article 13
Privacy
(1) No persons shall be subject to interference with ·the· privacy of their homes, ·
conespondence or communications save as in accordance with law and as is necessary in
a democratic society in the interests of national security, public safety or the economic
well-being of the country, for the protection of health or morals, for the prevention of
disorder or crime or for the protection of the rights or freedoms of others.
(2) Searches of the person or the homes of individuals shall only be justified:
(a) where these are authorised by a competent judicial officer;
(b) in cases where delay in obtaining such judicial authority carries with it the danger
of prejudicing the objects of the search or the public interest, and such procedures
as are prescribed by Act of Parliament to preclude abuse are properly satisfied.
Article 14
Family
( l) Men and women of full age, without any limitation due to race, colour, ethnic origin,
nationality, religion, creed or social or economic status shall have the right to marry and
to found a family. They shall be entitled to equal rights as to marriage, during man-iage
and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.
Article 15
Children's Rights
( 1) Children shall have the right from bi.1thto a name, the right to acquire a nationality and,
subject to legislation enacted in the best interests of children, as far as possible the right
to know and be cared for by their parents.
(2) Children are entitled to be protected from economic exploitation and shall not be
employed in or required to perform work that is likely to be hazardous or to interfere with
their education, or to be harmful to their health or physical, mental, spiritual, moral or
social development. For the purposes of this Sub-Article children shall be persons under
the age of sixteen (16) years.
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Republicof Namibia 15 AnnotatedStatutes
Namibian Constitution
(3) No children under the age of fourteen ( 14) years shall be employed to work in any factory
or mine, save under conditions and circumstances regulated by Act of Parliament.
Nothing in this Sub-Article shall be construed as derogating in any way from Sub-Article
(2) hereof.
(4) Any anangement or scheme employed on any farm or other undertaking, the object or
effect of which is to compel the minor children of an employee to work for or in the
interest of the employer of such employee, shall for the purposes of Article 9 hereof be
deemed to constitute an anangement or scheme to compel the performance of forced
labour.
(5) No law authorising preventive detention shall pennit children under the age of sixteen
( 16) years to be detained.
Article 16
Property
(1) All persons shall have the right in any pa1i of Namibia to acquire, own and dispose of all
fom1s of immovable and movable property individually or in association with others and
to bequeath their property to their heirs or legatees: provided that Parliament may by
legislation prohibit or regulate as it deems expedient the right to acquire property by
persons who are not Namibian citizens.
(2) The State or a competent body or organ authorised by law may expropriate property in
the public interest subject to the payment of just compensation, in accordance with
requirements and procedures to be determined by Act of Parliament.
Article 17
Political Activity
(1) All citizens shall have the right to participate in peaceful political activity intended to
influence the composition and policies of the Government. All citizens shall have the
right to form and join political parties and, subject to such qualifications prescribed by
law as are necessary in a democratic society, to participate in the conduct of public
affairs, whether directly or through freely chosen representatives.
(2) Every citizen who has reached the age of eighteen (18) years shall have the right to vote
and who has reached the age of twenty-one (21) years to be elected to public office,
unless otherwise provided herein.
(3) The rights guaranteed by Sub-Article (2) hereof may only be abrogated, suspended or be
impinged upon by Parliament in respect of specified categories of persons on such
grounds of infirmity or on such grounds of public interest or morality as are necessary in
a democratic society.
Article 18
Administrative Justice
Administrative bodies and administrative officials shall act fairly and reasonably and comply
with the requirements imposed upon such bodies and officials by common law and any relevant
legislation, and persons aggrieved by the exercise of such acts and decisions shall have the right
to seek redress before a competent Comi or Tribunal.
Article 19
Culture
Eve1y person shall be entitled to enjoy, practise, profess, maintain and promote any culture,
language, tradition or religion subject to the terms of this Constitution and further subject to the
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Republic of Namibia 16 Annolaled Slatules
Namibian Constitution
. condition that the rights protected by this Article do not impinge upon the rights of others or the
national interest.
Article 20
Education
( l) All persons shall have the right to education.
(2) Primary education shall be compulsory and the State shall provide reasonable facilities to
render effective this 1ight for every resident within Namibia, by establishing and
maintaining State schools at which primary education will be provided free of charge.
(3) Children shall not be allowed to leave school until they have completed their primary
education or have attained the age of sixteen (16) years, whichever is the sooner, save in
so far as this may be authorised by Act of Parliament on grounds of health or other
considerations pe1iaining to the public interest.
(4) All persons shall have the right, at their own expense, to establish and to maintain private
schools, or colleges or other institutions of tertiary education: provided that:
(a) such schools, colleges or institutions of tertiary education are registered with a
Government department in accordance with any law authorising and regulating
such registration;
(b) the standards maintained by such schools, colleges or institutions of tertiary
education are not inferior to the standards maintained in comparable schools,
colleges or institutions of tertiary education funded by the State;
(c) no restrictions of whatever nature are imposed with respect- to the admission of
pupils based on race, colour or creed;
(d) no restrictions of whatever nature are imposed with respect to the recruitment of
staff based on race or colour.
Article 21
Fundamental Freedoms
( 1) All persons shall have the right to:
(a) freedom of speech and expression, which shall include freedom of the press and
other media;
(b) freedom of thought, conscience and belief, which shall include academic freedom
in institutions of higher learning;
·
(c) freedom to practise any religion and to manifest such practice;
(d) assemble peaceably and without arms;
(e) freedom of association, which shall include freedom to form and join associations
or unions, including trade unions and political parties;
(f) withhold their labour without being exposed to criminal penalties;
(g) move freely throughout Namibia;
(h) reside and settle in any part of Namibia;
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Republic of Namibia 17 Annotated Statutes
lfamibian Constitution
(i) leave and return to Namibia;
(j) practise any profession, or carry on any occupation, trade or business.
(2) The fundamental freedoms refe1Ted to in Sub-Article (1) hereof shall be exercised subject
to the law of Namibia, in so far as such law imposes reasonable restrictions on the
exercise of the rights and freedoms confen-ed by the said Sub-A1iicle, which are
necessary in a democratic society and are required in the interests of the sovereignty and
integrity of Namibia, national security, public order, decency or morality, or in relation to
contempt of comt, defamation or incitement to an offence.
Article 22
Limitation upon Fundamental Rights and Freedoms
Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or
freedoms contemplated by this Chapter is authorised, any law providing for such limitation
shall:
(a) be of general application, shall not negate the essential content thereof, and shall not be
aimed at a particular individual;
(b) specify the ascertainable extent of such limitation and identify the Article or Articles
hereof on which authority to enact such limitation is claimed to rest.
Article 23
Apartheid and Affirmative Action
(1) The practice of racial discrimination and the practice and ideology of apartheid from
which the majority of the people of Namibia have suffered for so long shall be prohibited
and by Act of Parliament such practices, and the propagation of such practices, may be
rendered criminally punishable by the ordinary Courts by means of such punishment as
Parliament deems necessary for the purposes of expressing the revulsion of the Namibian
people at such practices.
(2) Nothing contained in Article 10 hereof shall prevent Parliament from enacting legislation
providing directly or indirectly for the advancement of persons within Namibia who have
been socially, economically or educationally disadvantaged by past discriminatory laws
or practices, or for the implementation of policies and programmes aimed at redressing
social, economic or educational imbalances in the Namibian society arising out of past
discriminatory laws or practices, or for achieving a balanced structuring of the public
service, the defence force, the police force, and the correctional service.
[Sub-Article (2) is amended by the h!amibian Constitution Second Amendment Ji.ct 7 of 201 O.]
(3) In the enactment of legislation and the application of any policies and practices
contemplated by Sub-Article (2) hereof, it shall be permissible to have regard to the fact
that women in Namibia have traditionally suffered special disc1irnination and that they
need to be encouraged and enabled to play a full, equal and effective role in the political,
social, economic and cultural life of the nation.
Article 24
Derogation
(1) Nothing contained in or done under the authority of Article 26 hereof shall be held to be
inconsistent with or in contravention of this Constitution to the extent that it authorises
the taking of measures during any period when Namibia is in a state of national defence
or any period when a declaration of emergency under this Constitution is in force.
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Republic of Namibia 1 8 Annolated Statutes
i~amibian Constitution
(2) Where any persons are detained by virtue of such authorisation as is referred to in Sub-
Article ( 1) hereof, the following provisions shall apply:
(a) they shall, as soon as reasonably practicable and in any case not more than five (5)
days after the commencement of their detention, be furnished with a statement in
writing in a language that they understand specifying in detail the grounds upon
which they are detained and, at their request, this statement shall be read to them;
(b) not more than fomteen (14) days after the commencement of their detention, a
notification shall be published in the Gazette stating that they have been detained·
and giving particulars of the provision of law 1mder which their detention is
authorised;
(c) not more than one (1) month after the commencement of their detention and
thereafter during their detention at intervals of not more than three (3) months, their
cases shall be reviewed by the Advisory Board referred to in Article 26(5)(c)
hereof, which shall order their release from detention if it is satisfied that it is not
reasonably necessary for the purposes of the emergency to continue the detention
of such persons;
(d) they shall be afforded such opp01iunity for the making of representations as may be
desirable or expedient in the circumstances, having regard to the public interest and
the interests of the detained persons.
(3) Nothing contained in this Article shall pem1it a derogation from or suspension of the
fundamental rights or freedoms referred to in Articles 5, 6, 8, 9, 10, 12, 14, 15, 18, 19 and
21(1)(a), (b), (c) and (e) hereof, or the denial of access by any persons to legal practioners
or a Court of law.
[The word "practitioners" is misspelt in the Government Gazette, as reproduced above.]
Article 25
Enforcement of Fundamentai Rights and Freedoms
(1) Save iri so far as it may be authorised to do so by this Constitution, Parliament or any
subordinate legislative authority shall not make any law, and the Executive and the
agencies of Government shall not take any action which abolishes or abridges the
fundamental rights and freedoms confened by this Chapter, and any law or action in
contravention thereof shall to the extent of the contravention be invalid: provided that:
(a) a competent Court, instead of declaring such law or action to be invalid, shall have
the power and the discretion in an appropriate case to allow Parliament, any
subordinate legislative authority, or the Executive and the agencies of Government,
as the case may be, to conect any defect in the impugned law or action within a
specified period, subject to such conditions as may be specified by it. In such event
and until such correction, or until the expiry of the time limit set by the Court,
whichever be the shorter, such impugned law or action shall be deemed to be valid;
(b) any law which was in force immediately before the date of Independence shall
remain in force until amended, repealed or declared unconstitutional. If a competent
Court is of the opinion that such law is unconstitutional, it may either set aside the
law, or allow Parliament to correct any defect in such law, in which event the
provisions of Sub-Article (a) hereof shall apply.
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Republic of Namibia 19 Annotated Sta lutes
Namibian Constitution
(2) Aggrieved persons who claim that a fundamental right or freedom guaranteed by this
Constitution has been infringed or threatened shall be entitled to approach a competent
Court to enforce or protect such a right or freedom, and may approach the Ombudsman to
provide them with such legal assistance or advice as they require, and the Ombudsman
shall have the discretion in response thereto to provide such legal or other assistance as he
or she may consider expedient.
(3) Subject to the provisions of this Constitution, the Court referred to in Sub-Article (2)
hereof shall have the power to make all such orders as shall be necessaiy and appropriate
to secure such applicants the enjoyment of the rights and freedoms confen-ed on them
under the provisions of this Constitution, should the Court come to the conclusion that
such rights or freedoms have been unlawfully denied or violated, or that grounds exist for
the protection of such 1ights or freedoms by interdict.
(4) The power of the Court shall include the power to award monetary compensation in
respect of any damage suffered by the aggrieved persons in consequence of such unlawful.·
denial or violation of their fundamental rights and freedoms, where it considers such an
award to be appropriate in the circumstances of particular cases.
CHAPTER4
Public Emergency, State of National Defence
and Martial Law
Article 26
State of Emergency, State of National Defence and Martial Law
(1) At a time of national disaster or during a state of national defence or public emergency
threatening the life of the nation or the constitutional order, the President may by
Proclamation in the Gazette declare that a state of emergency exists in Namibia or any
part thereof.
(2) A declaration under Sub-Article (1) hereof, if not sooner revoked, shall cease to have
effect:
(a) in the case of a declaration made when the National Assembly is sitting or bas been
summoned to meet, at the expiration of a period of seven (7) days after publication
of the declaration; or
(b) in any other case, at the expiration of a pe1iod of thirty (30) days after publication
of the declaration;
unless before the expiration of that period, it is approved by a resolution passed by the
National Assembly by a two-thirds majority of all its members.
(3) Subject to the provisions of Sub-Article (4) hereof, a declaration approved by a resolution
of the National Assembly under Sub-Article (2) hereof shall continue to be in force until
the expiration of a period of six (6) months after being so approved or until such earlier
date as may be specified in the resolution: provided that the National Assembly may, by
resolution by a two-thirds maj01ity of all its members, extend its approval of the
declaration for periods of not more than six (6) months at a time.