Roadblock etiquette — know your rights when stopped

Judge Kathy Satchwell, who was recently stopped at a Bloemfontein traffic roadblock, has shared concerns after finding most officers on duty were without their badges and refused to identify themselves.

Speaking to TimesLIVE, Satchwell said this was cause for concern as motorists had no way of protecting themselves if anything went wrong during a stop and search.

She was stopped in a roadblock conducted by police and traffic officials earlier this week. 

“Police were wearing their uniforms with the badges and everything, but there were a lot of people wearing yellow tops [vests] written 'traffic control' on the back,” she said.

They were stopping everyone. She was stopped and didn't have her licence with her, only a photocopy. 

“I have received a fine. No complaint ... but I asked the young lady who was doing this what her name was and she said 'I will give you [my name] after'. In the end, I asked and she just walked away,” Satchwell said.

She walked to two other traffic officials who didn't have their name badges on and also refused to give her their names. They told her they didn't know the official who stopped her. 

“I said I thought everybody in authority, whether they are police, army officers or traffic officers, should have their tags to show they are from authority. I went and found another traffic officer. He said he didn’t know [the others as] they were from another branch.  I asked what his name and number is and he just walked away,” she said. 

“That was three anonymous people. What worries me is if anything goes wrong when searching people — they must at least be able to know who the person who stopped them was, identities, name and the registration number,” she said. 

Automobile Association of South Africa spokesperson Layton Beard said motorists have rights when stopped at a roadblock, including seeing the certificate of confirmation that the roadblock has been approved by the police commissioner.

“You have a right to see the name of the person who has stopped you. They should have a name badge. If they don’t have a name badge on they are in contravention of the law.  

“If you have a problem with the person at the roadblock and you raise these issues it may become a volatile situation. Our advice is to comply as far as possible with instructions and when you have the opportunity report it to the traffic police headquarters to deal with,” he said. 

Free State police, roads and transport department spokesperson Hillary Mophethe said in terms of the National Road Traffic Act and the constitution, an on-duty officer, when stopping a vehicle, must be in full uniform, wear a reflective jacket, a name badge and have an appointment card.

“The traffic officer must introduce himself to the motorist; first greet and introduce himself or tell his or her name and the purpose of stopping a vehicle. After checking the vehicle, if you issue a motorist with a fine, you must ensure when you release him/her that [it] is safe to do so, that there are no vehicles that might cause an accident,” she said. 

TimesLIVE