Know Your Rights: Expert Advice for Motorists at South African Roadblocks
‘You are not obliged to pay fines at a roadblock’
Johannesburg – With an increased law enforcement presence on South African roads this festive season, motorists are being urged to understand their rights when approaching a roadblock. Bobby Gage, CEO of the National Motorist Association of South Africa and Streetwise Legal, has highlighted the importance of knowing where you stand when stopped by traffic officers.
Many drivers are familiar with the frustration of being pulled over and feeling pressured to pay fines immediately. Gage explains that roadblocks are often presented as a convenience for motorists who choose to settle fines on the spot, but he stresses that payment is not compulsory.
"Statistics on my side show that nine out of 10 motorists are being intimidated or threatened with arrest if they don’t pay at a roadblock," Gage warns. "You are not obliged to pay at a roadblock."
Gage advises motorists to politely decline on-the-spot payment. If threatened with arrest, he recommends requesting that a warrant be obtained from the court. He emphasises that only a judicial officer, not a traffic officer, can issue a warrant of arrest.
Traffic officers are also required to advise drivers of their rights and clearly explain the reasons for the stop. Gage stresses that motorists have a right to know why they are being stopped and what offence they are suspected of committing.
Furthermore, motorists are entitled to record their interactions with law enforcement for their own protection and to promote accountability.
"It is advisable that you record [the interaction] for your own purpose and for the purpose of creating awareness of how many traffic cops out there are invading your space and your constitutional right," Gage explains. "Any government official, any traffic cop in a public space, you can record."
By understanding their rights and remaining calm and assertive, motorists can ensure that their interactions with law enforcement are fair and lawful. Gage's advice serves as a crucial reminder to all drivers to be informed and prepared when encountering roadblocks on South African roads.
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