What you may and may not do during a roadblock in SA
With traffic police once again making the news, it's important to know what you can and cannot do during a roadblock or when stopped by traffic officers.
Speculation over the Johannesburg Metro Police Department's (JMPD) alleged R7,000 daily fine quota has made headlines and caused widespread outrage in recent days. However, these allegations were denied by JMPD spokesperson Superintendent Xolani Fihla.
Fihla stated that there are no set quotas or targets for traffic fines and that traffic and road safety are the department’s primary focus.
WATCH: SA mountain climber answers spam call mid-climb
"The performance of our officers is measured by their overall effectiveness in creating a safer environment for the community, and one of the ways is to issue citations, not by a predetermined target for fines," he explained.
With traffic police and roadblocks once again under public scrutiny, it highlights the importance of knowing your rights and obligations during such encounters.
Two types of traffic stops
To understand how to act during a traffic stop, it’s important to know the difference between the two types of stops: roadside checks and roadblocks.
Roadblocks
Roadblocks are regulated by Section 13(8) of the South African Police Service Act, No. 68 of 1955, and are official, pre-authorised traffic stops.
Section 13(8)(a) provides: "The National or Provincial Commissioner may, where it is reasonable in the circumstances in order to exercise a power or perform a function referred to in section 215 of the Constitution, in writing authorise a member under his or her command to set up a roadblock or roadblocks on any public road in a particular area or to set up a checkpoint or checkpoints at any public place in a particular area."
READ: Moreleta Park community band together to fix potholes
Roadblocks can usually be identified by:
- Actual road closures
- Proper signage
- Traffic cones
- Barriers
These checks must also be done with written authorisation, specifying the date, approximate duration, location, and purpose of the action.
According to Arrive Alive, roadblocks may be set up and searches conducted without pre-authorisation — but only if there are reasonable grounds for doing so.
Roadside Checks
Roadside checks are not official or pre-authorised roadblocks. Instead, they involve traffic officers parked at the side of the road, stopping motorists at their discretion.
Section 3(1) of the National Road Traffic Act, No. 93 of 1996, provides:
"A traffic officer may, subject to the provisions of this Act or any other law – … (b) when in uniform, require the driver of any vehicle to stop such vehicle…"
During these stops, officers may request your official documentation, which may be seized if found to be defective or fraudulent.
READ: Latest crime trends to look out for in South Africa
Searches may also be conducted, but only if you consent or there are reasonable grounds to do so.
Watch this video by Arrive Alive for more clarity
What you and law enforcement may and may not do during traffic stops
Law enforcement officials may:
- Search your person/property without a warrant at an authorised roadblock.
- Search your person/property at a roadside check if you consent or if they have reasonable grounds.
- Seize contraband or evidence without a warrant at a roadblock or roadside check.
- Issue fines (under the Criminal Procedure Act or AARTO) for vehicle, driver, or passenger non-compliance.
- Issue a notice to discontinue use of a vehicle suspected of being unroadworthy, or impound it if clearly unroadworthy.
- Arrest without a warrant anyone they reasonably suspect is involved in, or about to commit, a Schedule 1 offence.
- Arrest anyone with an existing warrant of arrest, or anyone who commits an offence in their presence.
- Drive any class of vehicle if necessary, even with only a Code B licence.
- Inform you of outstanding traffic fines.
- Arrest intoxicated drivers based on observable behaviour or a failed breathalyser test (followed by a mandatory blood test).
Law enforcement officials may not:
- Abuse you physically or verbally, or damage your property.
- Search you or your property without a warrant, unless it’s at a roadblock, you consent, or there are reasonable grounds.
- Threaten you with arrest without valid reason.
- Solicit a bribe.
- Force you to pay fines at the roadside, even if a payment facility is present.
- Withhold your driving licence to pressure you into paying fines, unless a warrant exists or the licence is fraudulent.
- Impound or discontinue your vehicle without reasonable justification.
You may:
- Ask to see the officer’s certificate of appointment (peace officer card).
- Request written authorisation for a roadblock (under Section 13(8) of the SAPS Act).
- Ask for a copy of the warrant if they claim one exists.
- Refuse a search during a roadside check, unless you consent or there are reasonable grounds.
- Record interactions, as long as it doesn’t interfere with the officer's duties.
You may not:
- Abuse or threaten law enforcement officials or damage their property.
- Refuse to provide a breath or blood sample.
- Resist arrest.
- Offer or pay a bribe.
Source: The Citizen
Tune in to the 'Breakfast with Martin Bester', weekdays from 06:00 - 09:00. Stream the show live here or download our mobile app here.
Listen to Jacaranda FM:
- 94.2
- Jacaranda FM App
- http://jacarandafm.com
- DStv 858/ OpenView 602
Follow us on social media:
Images: X/ Screenshot