Your rights and the rules of roadblocks
What women need to know about roadblocks
Considering South Africa’s high rate of violent crime against women, women drivers tend to feel vulnerable when driving alone. The last thing they want is to be taken for a fool or to be bullied by traffic officials.
Also read: 3 scenarios in which you could be arrested
With this in mind, it’s worth knowing your rights when being stopped at a roadblock, so that you can feel confident and avoid any patronising or uncomfortable situations.
Did you know?
-At a roadblock you’re obliged to give a police officer your name and address if asked, but you are entitled to ask such a person, whether in uniform or not, to prove their identity. You may demand to see their appointment certificate (identity card), according to the AA.
-If an officer cannot provide an appointment of certificate on demand, he or she is in violation of the Criminal Procedure Act and any action taken by that officer is considered unlawful.
-According to the National Road Act, a traffic officer does have the right to demand your driver’s licence. By law, your licence should be kept with you or in your vehicle, but in some cases the licence must be shown to a police officer at any police station with seven day.
-A male officer may not physically search a female and vice versa.
-When stopped in a roadblock, traffic authorities regularly try to create the impression that you have no option but to settle your fines there and then under threat of arrest. The fact is that they cannot under any circumstances arrest or detain you (same thing) for an outstanding traffic fine for which there is no warrant of arrest.
-They may serve you with a summons to appear in court, as long as the court date on that summons is at least 14 days in the future (Sundays and public holidays excluded) but they may not force you to pay there and then.
-If a law enforcement official wants to arrest you, you have the responsibility not to resist arrest in any way.
-The Constitution forbids arbitrary search and seizure of your person, your property or possessions. If you are stopped by law enforcement officials they must have a valid belief that you may have been involved in the commission of a crime and that a search warrant would be issued by a Magistrate or Judge if they wish to search you or your vehicle and/or seize your possessions. This applies to “random pull-overs” where you are singled out by law enforcement authorities. It does not apply to properly constituted roadblocks where search and seizure is in fact authorised prior to the roadblock being set up.
-If you are arrested, you must be informed of your rights immediately when you are arrested. If you are arrested, you must be taken directly to a police station. Driving around with you in the back of a vehicle for extended periods of time is not acceptable.
-If you are detained, you have the right to be brought before a court within 48 hours of your detention.
-In most cases, you will have the right to apply for and be granted bail at the police station. It is only in the case of serious crimes that your application for bail can only be heard by a court.
- You will be informed on what date and in which court you are required to appear.
- You will have to pay an amount as is set down to guarantee your appearance in court.
Source: AA