Roadblocks are used in South Africa to improve safety on our roads, and includes testing for drunk driving and road-worthiness of vehicles.
Roadblocks can be frustrating, though, especially when they are done on busy roads or during peak traffic.
Voicing your frustration at police, however, is not the best way to handle the situation.
Arrive Alive editor Johan Jonck said motorists must consider the necessity for roadblocks, even though they can be frustrating.
Some frustrations are caused by an uncertainty about what police may do when they stop you, and when they are allowed to set up a roadblock.
MyBroadband spoke to Justice Project South Africa chairman Howard Dembovsky about the matter, as detailed below.
Under what conditions can a roadblock be set up?
Metro police are appointed in terms of the SA Police Service Act and must comply with its provisions.
Should metro police wish to mount a roadblock, they must be in possession of a written authorisation in terms of Section 13(8) of the SAPS Act, to conduct that roadblock on that particular day. Specified times for a location are issued, and the authorisation must stipulate the purpose of the roadblock.
The above does not apply to roadside checkpoints where certain vehicles are pulled over, and where the road is not physically blocked.
What rights do the police have at a roadblock? What can they do?
The “rights” of police at roadblocks are much the same as they are anywhere else.
The public often forget that law enforcement officers are also people and that the Constitution is applicable to all persons.
Every constitutional right which applies to you applies to a law enforcement official.
When it comes to their powers at roadblocks, typically the purpose of a roadblock includes combating crime.
If this is the case, the authorisation contemplated will act as a means of circumventing the prohibition against search and seizure without a warrant.
It is also not prohibited for police to check for outstanding traffic fines, if this is done at a roadblock for which an SAPS authorisation has been issued. This purpose must be listed on the authorisation.
All police may, without a warrant, arrest a person who they suspect may have been involved in or about to engage in a crime.
For example, if they find unlicensed firearms, tools used for housebreaking, drugs, they may arrest you without a warrant.
If a warrant of arrest exists for a person, they must arrest that person immediately.
What rights do drivers have at a roadblock, and what advice do you have for them?
Every person has the constitutional right to be treated with dignity.
They also have the constitutional responsibility to treat others, including law enforcement personnel, with the same dignity.
We strongly advise the public to remember this and to refrain from becoming rude, uncooperative, and belligerent with law enforcement officials.
If you are treated disrespectfully or abusively by police, do not retaliate. Rather take notes of their names, and when and where it took place.
A common abuse perpetrated by law enforcement personnel at roadblocks is threatening people with arrest if they have outstanding traffic fines. This is not sanctioned by any law.
Policemen and peace officers may arrest a person who has a warrant of arrest issued by a court against them.
Unfortunately, because the government is experimenting with the roll-out of the AARTO Act, there is no consistent answer to the question of warrants of arrest.
The AARTO Act does not cater for summonses and therefore does not cater for warrants of arrest, while the Criminal Procedure Act caters for both.
Note: the AARTO Act is only applicable in the cities of Johannesburg and Tshwane.
Where a person has outstanding infringement notices issued under the AARTO Act, police may provide them with a printout listing the infringement notices and let them deal with those infringement notices as prescribed by the AARTO Act.
Where a person has outstanding traffic fines issued in terms of Section 341, an outstanding matter upon a summons issued in terms of Section 54, or a written notice issued in terms of Section 56 of the Criminal Procedure Act for which the court date has not yet passed, law enforcement personnel at roadblocks may provide them with a printout listing those notices and let them deal with those notices as prescribed by the Criminal Procedure Act.
Where a person has failed to appear in Court on a summons issued in terms of Section 54, or a written notice issued in terms of Section 56 of the Criminal Procedure Act, a court may have issued a warrant for that person’s arrest.
Police are obliged to execute that warrant.
Should that person pay the contempt of court fine and the original penalty amount, that person may be released from custody.
In summary, forcing people to pay their outstanding traffic fines at a roadblock is not catered for by the law.
Only when a warrant of arrest exists must a payment be made to circumvent detention of that person until they can be brought before the court which issued the warrant.
Any detention outside of this scope – including for outstanding traffic fines – is unlawful.
General advice from the JPSA
Motorists have rights and responsibilities. One of these responsibilities is to obey road traffic laws.
A “responsible citizen” is not one who pays their traffic fines, it is one who does not incur traffic fines.
Ignoring traffic fines, while enormously popular in South Africa, is irresponsible.
It is true to suggest the authorities rarely follow protocol regarding traffic fines, but this is not true in all cases.
If you regularly incur traffic fines and ignore them until something drastic happens, we urge you to adjust your behaviour.
Obey traffic laws, particularly the speed limit – as this is the focus of law enforcement authorities due to its revenue generation.
Should you incur a fine, don’t ignore it – either pay it or confront the allegation by challenging the evidence it is based on, etc.
If everyone obeyed the speed limit, this would drive cops out of the bushes and make them focus on moving violations – like the use of cellphones while driving, which is immeasurably more dangerous.
The JMPD may hate you if you do this, as the City of Joburg states it relies on traffic fine income in its budget to provide basic services.
This is not what traffic law enforcement should be about.