Searches, warrants and on-spot payments: Legal expert clears up roadblock myths

Legal expert Kirstie Haslam has urged motorists to remain calm, informed and cooperative as South Africa heads into a festive season expected to bring an uptick in roadblocks.

She notes that while citizens have the right to verify the legitimacy of a stop (including asking for written authorisation and an officer’s badge number), tone and respectful engagement remain essential to avoid escalating tension.

"You're definitely allowed to ask for proof that the roadblock has been officially approved. The person stopping you has to be in official uniform. There is a difficulty, of course, with people impersonating officers, but they won't be expecting you to ask for that official approval. I doubt.

"Tone is important, and it's very important to remember that the point of departure is to assume that it could be a legitimate roadblock to lend your cooperation and to be calm and respectful at all times. You can, of course, record any interaction that is of concern to you, and if you're told you're not allowed to record it, that could be a warning sign.”

Haslam says motorists may legally record interactions, provided they do not interfere with police duties.

"If things really begin to concern you, you can ask for things like the officer's badge number or personnel number so that you can take it up with the relevant police chief, or record the interaction for future reference. But don't publish it because then you could run into trouble under POPIA and those kinds of provisions."

She emphasises that without a warrant, police cannot arrest a driver solely for outstanding traffic fines.

"They can only arrest you if they present a valid warrant, or if you have committed an offence there and then which justifies an arrest. They can't arrest you on the spot, for example, let's say you've got outstanding fines, and they want to arrest you. They can only do that if they present you with a warrant. They can issue you a summons to appear within 14 days on the spot.

"You can only be arrested if a magistrate has issued a warrant of arrest, which they will have with them. If it's a proper roadblock, they have access to a system where they can – there and then – print a copy of the warrant for you and present it to you.

She adds that attempts to force on-the-spot fine payments, confiscate phones, or seize licence discs without proper cause are unlawful and should be treated as red flags.

Haslam explains that searches also require "reasonable grounds," such as visible firearms, drugs, or clear signs of impairment.

With road deaths typically climbing over the festive period, she says roadblocks remain an important safety tool, not a punishment.

"The point of these roadblocks is to do better law enforcement in order to avoid incidents happening. Our road crash statistics, particularly over the festive season, are terrible. The whole purpose is to keep us safe. Do your bit by not drinking and driving, don't exceed the speed limit... let's all get home safely."

To listen to Kirstie Haslam in conversation with CapeTalk’s Clarence Ford, click the audio below: