These are your rights and responsibilities when you are stopped at a roadblock

Throughout the festive season, cars will be stopped at roadblocks by law enforcement authorities.

Throughout the festive season, cars will be stopped at roadblocks by law enforcement authorities.

Published Dec 13, 2024

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As the holiday season approaches, many motorists will travel long distances to numerous places around the country.

In addition, throughout this time, automobiles will be stopped at roadblocks by law enforcement authorities.

While roadblocks are primarily used to catch drunk drivers, and speeding vehicles, and remove unroadworthy vehicles from the road for the safety of all motorists, authorities can also catch motorists with outstanding traffic fines and warrants for arrest.

Chief communication officer of the Road Traffic Management Corporation (RTMC) Simon Zwane said roadblocks also used to identify cars implicated in a crime. 

"Law enforcement officials have the right to search any person without a warrant at a properly authorised roadblock.

"Officers can search any person at a 'roadside check' without a warrant if you consent to a search or they have reasonable grounds to do so; they may also seize any 'contraband' or evidence without a warrant at a roadblock.

"Traffic Officers are empowered to issue an infringement notice ('fine' in terms of the Criminal Procedure Act or the AARTO Act, as applicable) in respect of vehicle or driver fitness, in compliance with provisions of law," said Zwane.

He added that they may also issue a notice to discontinue use of a motor vehicle if it is suspected of being unroadworthy, impound it if it poses a danger to other road users or is being used in violation of public transport permit regulations, and arrest anyone who has been involved in, or is about to commit, an offence contemplated in Schedule 1 of the Criminal Procedure Act without obtaining a warrant of arrest.

"During a roadblock officers can arrest any person in respect of whom a warrant of arrest has been issued by a Court. However, Traffic Officers are not permitted to physically or verbally abuse you or damage your property.

"Officers are not allowed to solicit a bribe or gratification of any kind from a motorist. Motorists to immediately report such conduct to our anti-corruption agents."

Motorists have the right to inspect the officer's certificate of appointment (a card that authorises him or her to function as a peace officer).

They can also demand to see documentation of an arrest warrant if one is alleged to exist, as well as refuse to consent to arbitrary searches of their person or property during a 'roadside check,' unless good reasons exist.

It is extremely discouraging to physically or verbally assault traffic cops or damage their property. No one may refuse to produce a breathalyzer or blood sample, resist arrest, or offer or pay bribes.

Always keep in mind of the following emergency numbers:

112 – All emergency from a cell phone

10111 - For police

10177 - For ambulance

0800 055 555 - Childline and

083 293 7989 – Traffic anti-corruption WhatsApp line

012 999 5407 – Bad Driving and anti-corruption

012 846 4590 – Hawks

IOL