Sergeant Nqobizwe Shipanga
Public transport is an essential means of commuting for many Windhoek residents. However, the overloading of passenger vehicles, particularly minibuses, remains a serious road-safety concern. Carrying passengers beyond the permitted capacity is more than a minor traffic infringement: it places passengers, pedestrians and other motorists at unnecessary risk. Since January 2026, approximately 600 traffic fines have been issued for overloading, the majority to public transport drivers.
Overloading affects far more than passenger comfort. Excess passengers may interfere with a driver’s ability to control the vehicle, obstruct access to doors and emergency exits, and compromise occupant safety. In the event of a crash, an overloaded vehicle may also expose more people to serious injury or death. The pursuit of additional income must therefore never take precedence over passenger safety. Regulation 252 of the Road Traffic and Transport Regulations, 2001, published under Government Notice No. 53 of 2001, regulates the number of persons who may be carried in a vehicle in relation to its seating capacity, including specific seating-space requirements for minibuses and buses. Drivers and operators must ensure compliance with these requirements.
Equally concerning is the manner in which some minibuses are driven on congested roads. During peak traffic periods, drivers are sometimes observed leaving the normal traffic lane and using the shoulder to bypass queues, particularly on busy routes such as the Western Bypass. A road shoulder is not an additional traffic lane merely because the roadway is congested. Using it to bypass traffic can endanger pedestrians and cyclists, obstruct motorists dealing with emergencies, and create hazards when vehicles stop or re-enter the roadway. It may also lead to sudden merging, sideswipe collisions and other crashes.
Section 80(1) of the Road Traffic and Transport Act 22 of 1999 prohibits reckless or negligent driving on a public road. Under Section 80(2), a person who drives in willful or wanton disregard for the safety of persons or property is deemed to be driving recklessly. In determining whether an offence has been committed, Section 80(3) requires a court to consider all the circumstances, including the nature, condition and use of the road, the volume of traffic, and the speed and manner in which the vehicle was driven. Depending on the circumstances, dangerous use of the shoulder may therefore constitute reckless or negligent driving. Section 81 further prohibits driving without reasonable consideration for other road users.
Responsibility does not rest with drivers alone. Section 64 of the Act places important duties on registered operators of specified motor vehicles. Among these are the duties to exercise proper control over drivers to ensure compliance with the Act, particularly provisions relating to vehicle loading, and to conduct operations with due care for public safety. The Act therefore places an active responsibility on operators to supervise the manner in which vehicles under their control are used.
Section 67, in turn, provides for circumstances in which an operator may be held liable for an act or omission by a manager, agent or employee. Liability may arise where it is proved that the operator connived at or knowingly permitted the conduct, or where the conduct was attributable to the operator’s negligence. Operators should therefore not ignore repeated unlawful conduct by drivers under their authority where the statutory requirements for liability are met.
Public transport operators should actively supervise their drivers, respond to complaints and monitor how their vehicles are used. They should also make it clear that income targets never justify overloading, unsafe overtaking or dangerous use of the road shoulder.
Drivers are urged to respect the authorised passenger capacity of their vehicles and obey the rules of the road at all times. A fine may be one consequence of non-compliance, but the far more serious consequences are injury, disability and loss of life, none of which can be reversed by paying a penalty.
Passengers also have a role to play and should report vehicles that are overloaded or driven dangerously. Where possible, a report should include the vehicle registration number and the location, date and time of the incident. Passengers should, however, avoid confronting a driver in a manner that creates an additional immediate danger while the vehicle is moving.
Public transport is a lifeline for many people, and passenger safety must never be compromised for profit or impatience. Road safety is a shared responsibility: drivers, operators, passengers, pedestrians and other road users all have a role to play in keeping Windhoek’s roads safe.
For crime, traffic-related emergencies, or to report reckless or negligent driving, contact the Windhoek City Police Service on 061 302 302 or send an SMS to 4444.
* Sergeant Nqobizwe Shipanga represents the Public Relations and Community Policing Section of the Windhoek City Police Service.
Photo: Traffic
Caption: Permitted capacity… Since January 2026, approximately 600 traffic fines have been issued for overloading, the majority to public transport drivers. Photo: File
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