Key Takeaways:
- Motorists are not required by law to pay their traffic fines at roadblocks
- Roadblocks offer a convenient option to pay fines, but payment is not compulsory
- Motorists have the right to refuse to pay fines at roadblocks without facing arrest
- Only a court officer can issue a warrant of arrest, not a traffic officer
- Motorists should exercise their rights and request a warrant of arrest if threatened
Introduction to the Issue
The National Motorist Association of South Africa has recently issued a warning to motorists to be cautious of traffic officers who are allegedly forcing them to pay their traffic fines at roadblocks. The Association has received numerous complaints from motorists who claim to have been stopped at roadblocks by traffic police and asked to pay fines on the spot or face arrest. This issue has become a concern, especially during the festive season when there is an increased presence of law enforcement agencies on South African roads.
Understanding the Law
According to the National Motorist Association of South Africa, motorists are not obliged to pay their traffic fines at roadblocks. The Association’s Chief Executive Officer, Bobby Gage, emphasizes that no one is required by law to pay their fines on the spot. He explains that while roadblocks may offer an option to pay a fine, payment is not compulsory, and it is merely a convenience. Gage also notes that being pressured and threatened with arrest if they don’t pay immediately is not how the law works. The Criminal Procedure Act of 1977, which governs arrest and detention procedures, ensures that only a court officer can issue a warrant of arrest, not a traffic officer.
Motorist Experiences
Many motorists have come forward to share their experiences of being intimidated and threatened with arrest if they don’t pay their fines at roadblocks. Statistically, nine out of 10 motorists are being intimidated in this way. Some frustrated motorists in Johannesburg have expressed their concerns, stating that it’s not right for traffic officers to demand payment on the spot. They feel that they are being bullied and coerced into paying fines, which is not in line with the law. The National Motorist Association has urged motorists to exercise their rights and refuse to pay fines if they feel threatened or intimidated.
Response from Authorities
The Johannesburg Metro Police Department (JMPD) has responded to the growing complaints by motorists, confirming that motorists are not obliged to pay their fines at roadblocks. Spokesperson Xolani Fihla stated that the JMPD has noted the confusion regarding the payment of outstanding traffic fines at roadsides and roadblocks and wishes to provide definitive clarification. Fihla emphasized that motorists have the right to choose not to pay at roadblocks, and this should not result in arrest. The JMPD often provides mobile payment facilities and smart buses at roadblocks, but motorists should not feel pressured to use these services if they do not wish to.
Conclusion and Recommendations
In conclusion, motorists should be aware of their rights when it comes to paying traffic fines at roadblocks. They should not feel pressured or intimidated into paying fines on the spot, as this is not a legal requirement. The National Motorist Association has encouraged motorists to exercise their rights and request a warrant of arrest if they are threatened. By understanding the law and knowing their rights, motorists can avoid being taken advantage of by traffic officers who may be overstepping their authority. It is essential for motorists to be informed and empowered to make informed decisions when dealing with traffic fines and roadblocks. By doing so, they can ensure that their rights are protected, and they are treated fairly and respectfully by law enforcement agencies.
