Roadblocks, routine stop-and-searches, and stops by EMPD have become a daily occurrence, with motorists heaving a sigh of relief if they are not flagged down by law enforcers.

The Leef venue, Bartlett, was packed to the hilt on April 9, as members and guests of the East Rand Business Women (ERBW) took their seats to learn more about their rights when blue lights flash in their rearview mirrors.

Former police officers and practising legal eagles Gerhard Nel and Pieter Snyman, of Gerhard Nel and Snyman Inc, in Benoni, delved into the legal nitty-gritties of roadblocks and motorists’ rights when confronted by the long arm of the law.

With combined legal experience of 40 years, Nel said cool, calm and respectful interactions with officers from the SAPS and EMPD should always take priority and could result in a swift resolution of the stop.

“There are two forms of roadblocks – formal and informal. It is important to differentiate between the two and to know your rights,” he said as an attentive hush fell over the venue.

“A formal roadblock is characterised by visible signage indicating that the flow of traffic is being brought to a stop.

“These are also manned by various role-players including SAPS, EMPD, Gauteng Traffic Wardens, local security companies, CPF, and, in some cases, officials from the Department of Home Affairs.”

Formal roadblocks are solely authorised by the national police commissioner, who issues written authorisation for the operation to be conducted and stipulates a clear objective.

“This order will be in the possession of the presiding officer and in these cases motorists and passengers must comply with officers’ instructions, including physical searches, searches of the vehicle and personal belongings,” said Nel.

“It is advised to remain respectful and compliant in allowing the officers to conduct their duties efficiently and safely.”

He does caution that unofficial roadblocks may be operationalised in situations where police are looking for a suspect linked to a major crime or suspected vehicle.

“These may pop up suddenly without the fan-fare of an official roadblock. However, officers will still need to inform motorists of their objective,” he said.

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Informal roadblocks
According to Nel, informal roadblocks are characterised by a small contingent of police presence and usually take the form of routine stop-and-searches.

It is here, in his opinion, that lines may become blurred. When stopped in this manner, Nel said motorists must look out for the following key components:

• Officers must be in full uniform.
• Their name badges must be visible and the uniforms must have the relevant department’s insignia.
• Officers must, on request, be able to provide motorists with their appointment certificate.

Duties that may be carried out:

• Officers may request to see the motorist’s drivers’ licence and inspect the visible vehicle licence.
• In the case of traffic stops, officers may request to check key vehicle components to establish the vehicle’s roadworthiness.
• Officers may not search the vehicle, personal belongings or person. Search and seizure is not permitted and motorists may decline.

“Should officers become insistent, clearly state in a calm manner that you understand that they have a duty to fulfil but that you do not consent to a search of your vehicle, personal belongings or person,” said Nel.

• Should motorists feel unsafe in the area where the stop is being indicated you may request to move to a safer, well-lit, public area.

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In cases such as these:

• Turn on your hazard lights and reduce your speed.
• Using a hand signal out of your window indicate that the officers should follow you.
• Stop at the nearest area where you feel comfortable or police station.
• Where possible call a friend or loved one, put them on speaker phone and ask them to only listen to the interaction, not to speak or interfere.
• Once you have come to a stop, keep your hands visible and guard against making sudden movements.
• Respectfully comply and thank the officer for taking your safety into consideration. Before closing Nel offered the following sage advice in the following scenarios:
• Outstanding fines

“Traffic police officers cannot force you to pay outstanding fines on the spot, even at official roadblocks where a designated equipped trailer is present,” he said.

“Officials must provide you with copies of the outstanding fines and, where applicable, copies of warrants of arrest, should any be issued. You have the right to take receipt of these copies to tend to at the local traffic court.”

• Breathalyser tests
  Motorists may not refuse breathalyser tests.

“Should you be over the legal limit, do not offer a bribe in exchange for your freedom; you are not only creating further legal trouble for yourself but may risk contributing to the scourge of corruption plaguing our law enforcement agencies,” said Nel.

• Physical searches
  Physical searches must be carried out by gender specific officers.

Male officers may under no circumstances physically search female motorists, and female officers may not physically search male motorists.

Minors may not be searched without the presence of their parents or guardians.

• Filming officers
  “As a member of the community and motorist, you may film the interactions with law enforcement officers,” said Nel.

“This can serve well in instances where officers act outside the defined perimeters of the law, however, do not force your phone in the officer’s face which could lead to an altercation.

“Position the device in such a manner that it can capture the interaction without invading their personal space or interfering with their duties.”

• Bribes
  Offering or paying a bribe to a police officer is a punishable offence, do not make yourself guilty of this.

“However, if the officer is insistent and you feel that your safety may be compromised, comply,” cautions Nel.

“In such an event immediately report the incident to the nearest police station. Be warned that you will have to avail yourself for criminal proceedings and will have to prove without reasonable doubt that the bribe was paid in order to ensure your safety.”

• Vehicle impounding
  Vehicles can only be impounded if it is found to be completely unroadworthy.

Nel said that the tips are not fool proof, however, knowing your rights can prevent you finding yourself on the wrong side of the law.

Come to their next meeting
Next ERBW meeting will take place at 11:00 at Leef, 54 Ridge Road, Bartlett, on June 10 and will feature South African actress and author Susan Coetser.

For more information about ERBW and their upcoming meeting email Isabel Blignaut at isabelblignaut2@gmail.com