Pulled Over at a Roadblock? Here’s What SA Law Says You Can and Can’t Do

What Is a Roadblock in South Africa?

A roadblock is an official checkpoint set up by police or traffic officers to stop and inspect vehicles. Roadblocks in South Africa can be:

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• Formal roadblocks: These are authorised in writing by the National or Provincial Police Commissioner under Section 13(8) of the South African Police Service Act (SAPS Act). They physically block part or all of the road, with proper signage, traffic cones, and officers carrying visible authorisation documents. These roadblocks are carried out under specific conditions to enhance public safety and enforce traffic laws.
• Informal roadside checks: These operations may occur, but they are not always legally authorised, and they raise questions about their validity. Informal checks may not always follow due process as stipulated in law.

At formal roadblocks, vehicles are stopped for inspections, which typically involve checking for drivers’ licences, vehicle roadworthiness, and possible traffic offences.

ALSO READ: Know Your Rights: JMPD Officers Arrested for Corruption

1: Stopping and Presenting Documentation

When you approach a roadblock:

• Stop your vehicle safely when instructed to do so.
• Stay calm, polite, and cooperative.
• Be ready to show your:
  • a learner’s and/or driving licence;
  • a professional driving permit;
  • a vehicle licence disc;
  • an operator card (where required); and
  • an operating permit in terms of road transport legislation (where required).
• If you have doubts about the officer’s authority, you are within your rights to ask them to identify themselves and present their badge or appointment card.
• You can also ask to see the written authorisation for the roadblock, which officers must provide immediately at a formal roadblock.

2: What Officers Can Ask or Do at a Roadblock

At authorised roadblocks, officers are allowed to:

• Inspect your driver’s licence, vehicle papers, and ID.
• Ask about the roadworthiness of your vehicle or possible traffic violations.
• Search your vehicle without a warrant if the roadblock is properly authorised (as per the SAPS Act Section 13(8)).
• Conduct a random breath alcohol test or blood test if they suspect you’re driving under the influence (DUI).

However, it is illegal for an officer of the opposite sex to conduct a physical search of your person.

3: Your Rights Regarding Searches and Samples

• You may refuse arbitrary or unwarranted searches of your vehicle or person unless the roadblock is officially authorised and warrantless searches are permitted under the law.
• Officers cannot search your person or belongings without reasonable grounds.
• You must comply with lawful requests for breathalyser or blood tests if suspected of DUI. Refusal to comply can lead to arrest.

4: What You Cannot Do at a Roadblock

The law prohibits:

• Physically or verbally abusing officers or damaging their property.
• Resisting arrest or failing to stop when ordered to do so by an officer.
• Offering or paying bribes to avoid penalties or searches.
• Refusing lawful requests for breath/blood samples or legal searches at authorised roadblocks.

5: What a Traffic Officer Cannot Ask For or Do at a Roadblock

• Cannot ask for or seize items unrelated to road traffic law enforcement, such as personal possessions or documents not related to driving or the vehicle.
• Cannot physically or verbally abuse you or damage your property during the interaction.
• Cannot solicit bribes or coerce you into paying fines at the roadside.
• Cannot withhold your driving licence or other documents as a means of forcing payment for outstanding fines.
• Cannot conduct an unauthorised search or fail to provide the written authorisation for the roadblock upon request.
• Cannot act outside of their legal powers; if they violate these rights, you have the right to challenge their actions through legal channels.

6: If You Receive a Fine or Summons

• You are not required to pay traffic fines on the spot unless a valid warrant of arrest is presented to you or an enforcement order is issued.
• South Africa uses two systems for traffic fines enforcement: AARTO (Administrative Adjudication of Road Traffic Offences) and the Criminal Procedure Act, each with different enforcement mechanisms.
• If you have unpaid fines and a warrant of arrest has been issued, police may detain you at the roadblock until you appear in court.

7: Recording and Reporting

• You have the legal right to record your interaction with officers at a roadblock, as long as it does not interfere with their duties.
• Inform the officers you are recording the interaction to avoid misunderstandings.
• If you believe an officer has acted unlawfully or abused their power, you can report the incident to:
  • The Independent Police Investigative Directorate (IPID) or
  • The police complaints hotline at 10111.

Always try to note down the officer’s badge number where possible to support your complaint.

Summary Table of Dos and Don’ts at Roadblocks

Make sure your car is roadworthy, or risk paying the price. JMPD on Vehicle Safety in Johannesburg. See what officers are checking and how to avoid fines.

The Right Side of The Law

Stay calm, cooperative, and respectful. Knowing your rights and duties ensures a lawful and smooth interaction at roadblocks. If you feel your rights are violated, comply during the encounter and seek legal advice afterward to contest unfair treatment. By being informed, you help protect your constitutional rights while contributing to road safety in South Africa.