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The festive season has begun and it is the time of year to be gearing up for the Roadblocks that you are going to encounter during your travels. You are most likely going to be involved in these roadblocks on the main roads and it is imperative to be aware of your rights and know how to respond when you are pulled over by the South African Police Service (SAPS) and/or the relevant Metro/Traffic Police at these roadblocks.
First things first: What is a Roadblock?
A roadblock is a specific point along the road where travellers are stopped for inspection by traffic officers, in order to check for illegal goods being transported and to ensure overall compliance with road safety laws and regulations.
Types Of Roadblocks Within South Africa
- Routine Roadblocks that involve traffic checks: These roadblocks are specifically used to ensure you are adhering to traffic laws i.e. having your drivers license with you and that your license discs are valid.
- Roadblocks used to search your vehicle: These roadblocks are particularly for the searching of illegal substances and/or firearms. Both individuals and your vehicle can be searched during these roadblocks.
- DUI (Driving under the influence) roadblocks: At these roadblocks, the police official shall most commonly breathalyse you to ensure you have not consumed alcohol before you got behind the wheel.
- Immigration roadblocks: These roadblocks are close to the boarders of the Republic and they are set up to ensure that individuals are not smuggling illegal goods and/or illegally entering or exiting the country.
What can the Traffic Officers Do?
It must be noted that the officers can legally do the following at a Routine Roadblock:
- Request your Drivers License
- Check for outstanding fines
- Check your car license disc
- Ensure that your vehicle is roadworthy
An officer shall not be allowed to search your vehicle unless they have a warrant authorising them to search your vehicle. It must be noted, however, that a police officer only requires reasonable grounds to conduct the search, even if they do not have a warrant. This shall need to be proved by the officer at court, at the appropriate time.
If you are DUI, the officer may ask you to exit the vehicle and/or breathalyse you. You are not allowed to refuse the breathalyser. If you refuse, the officer has the authority to detain you and conduct blood tests on you at a police station.
It must be noted that the officers can legally do the following at a Search Roadblock:
- Search any individual or motor vehicle without the need for a warrant.
- Seize any items that is believed to be illegal or criminally connected.
- In terms of body searches, only officers of the same gender are allowed to conduct the search.
Identification Of the Police Officers
Police officials are always required to have the correct and proper identification when carrying out their duties. SAPS and Traffic officers are to always have their official identification present. You are always within your rights to request to see same should you have doubts.
Do You Have Outstanding Fines?
A police official is not allowed to force or ask for immediate payment of an outstanding fine from you, that is coercion and is unlawful. The only scenario where a police official can ask for payment, in which you shall have to be legally compliant, is in the case of the officer providing you with a copy of a summons or a warrant.
Scenarios that may result in your Arrest at a Roadblock
Police officers can legally arrest you at a roadblock if you have committed the following:
- You have been DUI.
- Driving dangerously or recklessly, thus making you susceptible to cause harm to others on the road.
- Your license has been disqualified.
- There is a suspicion that you have committed a crime or are about to.
- You have physically or verbally harassed and/or abused a police officer.
You Don’t Stop at a Roadblock
Not stopping at a roadblock is a serious offence within the Republic. You may be arrested, issued a fine or have your vehicle impounded.
You do not have your license with you?
Not having your license at a roadblock can usually lead to a fine, this is seen as a minor offence and you are usually given a grace period to show and present your license at your nearest police station. If you are a repeat offender in not having your license, you may be subject to stricter fines or penalties.
Your Rights at The Roadblock
Police officers cannot abuse their authority, you as an individual have a right to be treated with respect and dignity at all times. Accordingly, you have the right to refuse bribes, bribing a police officer is both illegal for you as a citizen and for the officer. Furthermore, should you be arrested or detained, you have a right to Legal Representation.
Are You Allowed to Film the Police Officer?
Yes. You legally have the right to film a police officer at a roadblock. Should your phone be confiscated, damaged or broken by the officer, this is seen as illegal and can be reported. Further, the officer is not allowed to force you into deleting the footage.
What To Do If You Don’t Feel Safe?
You can politely ask the officer to move to a more public, safer location, alternatively, you can drive to the nearest police station before commencing with the interaction.
You can ask the police officer for their badge number and confirm this by calling 10111. Should the police officer get agitated, you can make a formal complaint after the interaction. Always remain rational and calm in these situations.
You are allowed to call a friend or family member and inform them of your situation.
How We At Van Deventer and Van Deventer Incorporated Can Help
At Van Deventer and Van Deventer Incorporated, our experienced Johannesburg Litigation Team are here to assist and provide guidance to help you protect your rights in any situation you encounter during the festive season. Should you have experienced an unlawful search or faced fines at a roadblock, our experienced team are here to help. Contact our offices for more information or to set up a consultation to assess your legal standing and the best legal route suited for you.