As an attorney, I’m often asked by clients: “What are my rights if I get stopped at a roadblock?”  It’s one of the most common questions I hear, and with good reason. There’s a lot of ambiguity about what the police can and can’t do in these situations.  This article aims to clear that up, offering guidance you can use the next time you find yourself in front of a police official.

What Counts as a Roadblock?

A proper roadblock is a formal police operation.  The road is blocked off (partially or fully), and every passing vehicle can be stopped and checked.

However, a police officer may not unilaterally decide to set one up without proper authority.

In terms of Section 13(8) of the South African Police Service Act 68 of 1995, only the National or Provincial Commissioner alternatively a Station Commander with delegated authority can approve a roadblock.  That permission must be in writing, stating where, when, for how long, and for what purpose the roadblock will be in place.

At an authorised roadblock, a police official can:

• Stop every vehicle;
• Ask for your driving licence and check for outstanding fines;
• Inspect the roadworthiness of your car;
• Search you and your vehicle without a warrant;
• Arrest anyone suspected of committing a serious (Schedule 1) offence; and
• Impound unroadworthy vehicles

You are allowed to ask the police official to see the written authorisation. If they don’t have it, don’t start an argument on the roadside, it won’t end well there and then. Instead, note the details (names, badge numbers, vehicle registration, date, time, location) and follow up with the relevant Station Commander or, if needed, the Provincial or National Commissioner.

In urgent cases, for example if police have credible information that dangerous goods or suspects are on the move; they can set up a roadblock without prior written approval.

Roadside Checks - the Loophole Zone

Roadside checks are less formal. Officers, often from Metro Police or traffic departments, position themselves on the side of the road and pull over vehicles at random.

These checks are allowed under Section 3I of the National Road Traffic Act 93 of 1996, which says a uniformed officer may stop a vehicle for inspection.

Here’s the catch “roadside check” isn’t defined anywhere in the law.  This has created a grey area.  Some officials stretch the concept and use it to run what looks like a mini roadblock, but without the required written authorisation.

During a roadside check, officers may:

• Ask for your driving licence;
• Inspect your licence disc;
• Request permits like a Professional Driving Permit (PrDP) if relevant; and
• They may seize documents if they’re expired, forged, or invalid.

But unless you agree to it, or they have a specific, reasonable suspicion of a serious offence, they can’t search you or your vehicle.

What Police Can and Can’t Do

At a lawfully authorised roadblock, police can search your vehicle, check documents, seize evidence, and arrest suspects without a warrant if the offence is serious.

At a roadside check, their powers are narrower; mainly document inspection and basic checks.

• They cannot:
• Threaten, assault, or verbally abuse you;
• Demand or hint at a bribe;
• Force you to pay fines on the spot (unless there’s a court order or active warrant); and
• Withhold your licence to pressure you into paying

If offered the option of paying at a mobile pay station, you can politely decline and settle later through normal channels.

Your Rights in the Moment

You can ask for the officer’s certificate of appointment (their official police ID). At a roadblock, you can also ask to see the written authorisation.

If they say there’s a warrant for your arrest, you can ask to see it before being taken anywhere.

You’re entitled to film or photograph the encounter, as long as you don’t interfere with their duties. Importantly, use your discretion - an aggressive approach can make things worse.

If you believe your rights have been breached, report the matter later to:

The SAPS Station Commander; and/or

The Independent Police Investigative Directorate (IPID); and/or

SAPS Anti-Corruption Hotline: 082 820 6467; and/or

Emergency: 10111

Common-Sense Tips

Knowing your rights is one thing. Exercising them calmly is another.

If you think something is off, stay polite but firm. Ask direct questions. Note details. If safe, record the interaction discreetly.

Never offer a bribe, never resist arrest physically, and don’t threaten violence. If asked to do a breathalyser or blood test, comply; but request proper documentation of the process.

In Short: Stay Informed, Stay Calm

Roadblocks and roadside checks are part of daily life in South Africa. Done lawfully, they help keep roads safer. Done improperly, they can cross the line; and that’s when you need to know how to protect yourself.

Your rights are not just words in a law book. They are enforceable, and they matter. And sometimes, the best way to protect them is with a cool head, a steady voice, and the right information at your fingertips.