What are your rights when stopped at a roadblock in SA?

With the festive season in full swing and people crisscrossing the country to spend time with loved ones during the festive season, you’ll find the police out in full force, making sure everyone on the road sticks to the rules. 

WHAT ARE YOUR RIGHTS WHEN STOPPED AT A ROADBLOCK IN SA?

 What are your rights when stopped at a roadblock? 

ALSO READ: Must-have contact numbers for a safe festive season

Shockingly enough, most drivers are uncertain of their rights when stopped at roadblocks or confronted with suspicious police behaviour.

Knowing your rights as a road user and the best approach to dealing with the situation is critical in South Africa. 

ALSO READ: WATCH: JMPD officers sing ‘Happy Birthday’ to driver at roadblock

THERE ARE TWO DIFFERENT TYPES OF ROADBLOCKS:

According to Anthony Whatmore and company, there are two different types of roadblocks. The first are informal roadblocks set up at random by the police. 

The second are K78 roadblocks, which are approved by the provisional commissioner and possibly policed by the traffic police, the South African Police Service, and even South African Revenue Services officials.

ALSO READ: LIST: The 30 places where you’re most likely to get murdered in SA

In a K78 roadblock, the police are entitled to search your vehicle and can even go to a full body search if they suspect you are hiding something. 

HERE ARE YOUR RIGHTS WHEN STOPPED AT A ROADBLOCK

Roadblocks

If stopped at a roadblock, you have the right to:

• Ask for the person’s police certificate of appointment, which includes his picture, name, rank, force number and where stationed: Section 334 (2) (a) of the Criminal Procedure Act 51 of 1977
• If these details are not given, you can ask to see the roadblock commander or most senior officer on the scene
• If you have any doubt about the authenticity of the roadblock, you can ask to be taken to the closest police station
• If the roadblock is legal, you have the right to ask what its purpose is. Even so, the person is not compelled to tell you if the reason is classified. The number of vehicles being stopped may indicate the status of the roadblock
• You have the right to be treated with respect at all times and have the further right to get the details of any officer who has treated you unjustly
• You must co-operate with all reasonable instructions, but you can question your position should you feel that a violation of your constitutional rights or your rights under the Criminal Procedure Act, 51 of 1977 is occurring
• You must at all times treat any officer with respect and the dignity attached to his rank and office, although you may be firm in upholding your legal rights
• You must identify yourself as the driver of the vehicle and supply proof of your driving licence.

ALSO READ: How to spot and avoid rip currents at the beach

WHAT ARE YOUR RIGHTS IF YOU ARE DETAINED OR ARRESTED?

Your constitutional rights if detained or arrested:

The following are your legal rights in terms of the Constitution of the RSA, Act 108 of 1996.

Section 35 thereof deals with the rights of arrested, detained and accused persons:

• You have the right to remain silent: Sec.35(1)(a)
• To be informed promptly of
• The right to remain silent: Sec. 35(1)(b)(i)
• The consequences of not remaining silent: Sec. (35)(1)(b)(ii)
• You cannot be forced to make a confession or admission that can be used in evidence against you: Sec. (35)(c)
• To be brought before a court as soon as reasonably possible, but this must not be later than: – 48 hours after the arrest Sec. 35(1)(d)(i)
• Be informed of the reason for your continued detention: Sec. 35(1)(e), Sec. 35(2)(a)
• To be released subject to reasonable conditions: Sec. 35(1)(f)
• To choose and to consult with a lawyer of your choice and to be informed of this right: Sec. 35(2)(b)
• To have a lawyer appointed to defend you by the state if you cannot afford a lawyer and to be informed of this right: Sec. 35(2)(c).

The above are your most important rights at this stage. Be prepared by learning these basic citizen’s rights. Should a confrontation occur, you will exude confidence and legal awareness and should not constantly refer to this document during the incident.

WHAT ARE YOUR RIGHTS REGARDING UNPAID TRAFFIC FINES

Unpaid traffic fines:

• If, at the roadblock, it is alleged that you have outstanding or unpaid fines, the police have the right to detain you if they can show you a legitimate warrant of arrest or a valid copy.
• If the police cannot show you a legitimate warrant or copy, you have the right not to be arrested. If the police persist with the arrest without a warrant, you have the right to call your lawyer immediately.
• If the police ask you to pay an outstanding fine(s) and you do not have the money available, you might be detained until the fines are paid if a warrant is issued. In these circumstances, it’s best to contact your lawyer.

“We suggest that you keep the receipts of paid fines in your car, so that you can immediately produce proof should a dispute arise about nonpayment of fines and your possible arrest.”

Anthony Whatmore and company

They furthermore advised that you have your lawyer’s cellphone number listed in your own cellphone.

ALSO READ: Visiting KZN this holiday? What is E. coli?

WHAT SHOULD YOU KNOW IF YOU ARE TEMPTED TO OFFER A BRIBE

Bribery:

Note that under no circumstances must you attempt to illicit a bribe, or you must immediately distance yourself from the suggested bribe. The consequences of bribing a police officer, or attempting to do so, far outweigh those of the fine itself.

This act amounts to attempting to defeat the ends of justice, which holds a separate legal sanction and for which you can be prosecuted.

“Practically speaking, by paying a bribe, you are just perpetuating a demand for corruption.”

Anthony Whatmore and company