Not many drivers, especially those who are less experienced and with only a few years under their belts, know how to handle roadblocks in South Africa. Certainly, there are a few of us who will admit to having been on the older side of life when they learnt that there were different types of roadblocks, much less that we have specific obligations and rights.  

It’s not surprising that navigating roadblocks in South Africa can be daunting, however if you’re well-informed of the purpose and what is expected of you, it’s likely that such encounters will be handled smoothly and legally.  

To ensure that you are able to handle your next roadblock encounter calmly, let’s review what to expect and how to respond appropriately. 

Types Of Roadblocks 

In South Africa, roadblocks are generally categorised into two types, namely, those that are considered ‘informal,’ and those that are at identified as ‘K78 Roadblocks.’ 

Informal Roadblocks are routine checks where officers may inspect drivers’ licenses, vehicle registrations, and roadworthiness. They are typically set up for general law enforcement purposes. 

K78 Roadblocks, on the other hand, are more formal and are authorised under Section 13(8) of the South African Police Service Act. They are often set up for specific operations, such as searching for suspects or contraband. At these roadblocks, officers have broader powers, including the right to search vehicles without a warrant.   

Let’s Talk About Your Rights 

Being aware of your rights can help you navigate a roadblock, whichever type, confidently. Here are four rights to keep in mind, should you feel unsafe or unsure of what is happening. 

Identification Of Officers 

Officers must be in full uniform and carry proper identification. You have the right to request to see their appointment certificate or official identification, however your request should be made politely.   

Searches And Arrests 

If you’re at a K78 roadblock, officers can search your vehicle without a warrant, but this isn’t the case at an informal roadblock. Here, they’ll need reasonable grounds to conduct a search. You can absolutely refuse these searches unless they provide you with reasonable grounds, in which case you will need to comply.  

Now, what about an arrest? Let’s say that an officer wants to arrest you. You can only be arrested if you’re caught committing an offence or if there are reasonable grounds to believe you have committed a serious crime. You can also be arrested if there is a warrant for your arrest. If there is a warrant, you are entitled to see it. 

Payment Of Fines 

You are not obligated to pay any fines on the spot. If presented with a fine, you can request a written notice and choose to pay it later or contest it in court. 

Let’s Unpack Your Responsibilities 

While you have rights, you also have certain obligations. For starters, you are obliged to comply with lawful instructions given by officers. If you don’t, there could be legal consequences. 

You will also need to have your valid driver’s license, vehicle registration, and any other required documents at the ready. Lastly, and this is rather important because there’s a lot of misinformation out there, as a motorist, you are required to undergo breathalyzer or blood tests to determine your alcohol levels. Refusing can result in arrest and further legal action. 

Safety Tips During Roadblocks 

To ensure your safety and the safety of others, we urge you to remain calm during a roadblock. Make sure to approach the roadblock slowly and follow officers’ instructions carefully. Don’t exit the vehicle, unless instructed otherwise. And just like in the movies, you should keep your hands visible. 

Ultimately, you should do what you can to avoid confrontation. If you believe your rights are being violated, note the officers’ details and report the incident later, rather than engage in confrontational behaviour at the scene. 

Feeling Informed? 

Understanding your rights and responsibilities at roadblocks empowers you to handle these situations confidently and legally. Stay informed, remain calm, and always comply with lawful instructions to ensure a safe experience.  

For more expert motoring advice, visit AA Inform, your trusted source for South African driving insights.