Motorists Must Know Their Legal Rights When Stopped at a Roadblock

With high Easter traffic, knowing these rights helps South African motorists navigate roadblocks safely and legally.

  1. Roadblock Safety Checklist:
    • Pull over safely and stay calm.
    • Be respectful and present requested documents (license, etc.).
    • Officers may inspect your vehicle for roadworthiness or contraband—cooperate, but know your rights.
  2. Unroadworthy Vehicles:
    • Officers may allow you to drive a short distance home (at their discretion) or impound the vehicle.
  3. Outstanding Fines:
    • No obligation to pay fines on the spot—this is extortion.
    • If a valid warrant is presented, you may be detained; otherwise, you’ll receive a summons for court.
  4. Legitimate Roadblocks:
    • Request written authorization if stopped by suspicious officers.
    • If unsure, proceed slowly to the nearest police station to avoid accusations of evasion.
  5. Vehicle Searches:
    • You can ask for written authorization before a search.
    • If rights are violated, note officers’ details and seek legal recourse later.
  6. Breathalyzer Tests:
    • Honesty is required about alcohol consumption.
    • Refusal is only permitted with reasonable cause.
    • Blood tests must be done within 2 hours with sterile equipment; expired kits invalidate results.
  7. Bribes (“Cold Drink”):
    • Never offer a bribe. If solicited, prioritize safety but report the incident ASAP to police or IPID.
  8. Complaints Against Misconduct:
    • Report issues to local police or IPID (Independent Police Investigative Directorate). Many claims succeed, but complaints are frequent.

Final Advice:

  • Drive safely, obey speed limits, and avoid violations to reduce roadblock issues.
  • Stay informed to protect your rights while cooperating with lawful enforcement.

Expert: Kirstie Haslam, Partner at DSC Attorneys.

Video by Newzroom Afrika

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