Recently a woman was on her way home at about 1:50am, when she was stopped at a roadblock in Plantation Road.
Upon investigation it appears that the men, in SAPS uniforms, may have been con men who managed to steal R1 000 from the scared woman, and not members of the Springs SAPS at all.
Although her breath alcohol content was 0.01mg under the legal limit of 0.24mg per 1 000ml, the officer demanded a bribe of R1 500.
According to Springs police spokesman Captain Johannes Ramphora, under no circumstances must anyone attempt to illicit a bribe and he suggests you must immediately distance yourself from the suggested bribe.
“It amounts to attempting to defeat the ends of justice,” he says.
But for a woman alone at night, the bribe came as a rescue, as the frightened woman only paid R1 000 and was allowed to leave the scene and go home.
What is a roadblock?
A roadblock is prescribed as barriers erected by law enforcement agencies such as the police or the EMPD, to exercise the powers and perform the functions assigned to the services by law.
“Under the South African Law uniformed police members have the same powers as uniformed traffic officers or other metro police forces,” says EMPD Chief Superintendent Wilfred Kgasago.
He says most drivers are uncertain of what their rights are when stopped at roadblocks or when confronted with suspicious police behaviour.
Capt Ramphora says the public should be aware of what is happening at a roadblock.
“If stopped at a roadblock one has a right to be shown a copy of the written authorisation given by the National or Provincial Police Commissioner for the setting up of a roadblock,” Capt Ramphora emphasises.
n Ask for the person’s police certificate of appointment which includes his picture, name, rank, force number and even where he or she is stationed.
n If these details are not given, you can ask to see the most senior officer on the scene.
n If you have any doubt about the authenticity of the roadblock, you can ask to be taken to the closest police station.
n If the roadblock is legal, you have the right to ask what its purpose is. The person is not compelled to tell you if the reason is classified. The number of vehicles being stopped may indicate the status of the roadblock.
n You have the right to be treated with respect at all times and get the details of any officer who has treated you unjustly.
n You must co-operate with all reasonable instructions, but you can question your position should you feel that a violation of your constitutional rights is occurring.
n You must at all times treat any officer with respect and the dignity attached to his rank and office, although you may be firm in upholding your legal rights.
n Identify yourself as the driver of the vehicle and supply proof of your driver’s licence.
According to Supt Kgasago, if at a roadblock it is alleged that you have outstanding unpaid fines, the police have the right to detain you if they can show you a legitimate warrant of arrest or a valid copy.
“If the police cannot show you a legitimate warrant or copy, you have the right not to be arrested. But if the police persist the arrest without a warrant, you have the right to immediately contact your lawyer,” he adds.
But even if you are driving home stone cold sober, minding your own business, the Criminal Procedure Act allows a police officer to stop you at a roadblock and search your car without a warrant.
Capt Ramphora says if the police ask you to pay outstanding fines and you do not have the money available, you might be detained until the fees are paid, if a warrant was issued.
“We suggest that you keep the receipts of paid fines in your car, so that you can immediately produce proof should a dispute arise about non-payment of fines and your possible arrest,” adds Capt Ramphora.
Capt Ramphora’s advice to the public is, if you are being stopped at a roadblock and the officer refuses to give you any identification, check the registration numbers of the vehicles, the exact position of the road block and report the matter to the police.
