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A JMPD roadblock
The National Motorist Association of South Africa has called on motorists to be wary of traffic officers who are allegedly forcing motorists to pay their traffic fines at roadblocks.
The Association says it has been inundated with complaints by many motorists who said they were allegedly stopped at roadblocks by traffic police and asked to pay fines on the spot or face arrest.
Are you obliged to pay you traffic fines at a roadblock? No – according to the National Motorist Association of South Africa.
The Association’s call comes at a time when there is increased law enforcement agencies on South African roads following the festive season.
It says roadblocks are convenient for motorists who want to settle fines.
The Chief Executive Officer of the National Motorist Association of South Africa, Bobby Gage says no one is required by law to pay their fines on the spot.
“Do I have to pay the fine immediately, the short answer is no. Roadblocks may offer and option to pay a fine on the spot but payment is not compulsory. It’s a convenience, not a legal requirement. Being pressured and threatened with arrest if they don’t pay immediately that is not how the law works.”
The Association says statistically nine out of 10 motorists are being intimidated and even threatened with arrest if they don’t pay at roadblocks. This is what some frustrated motorists in Johannesburg had to say.
“It’s not right what they are doing. I am not scared to drive because they want us to pay on the spot.”
The Criminal Procedure Act of 1977 which governs arrest and detention procedures ensure that only a court officer can issue a warrant of arrest and not a traffic officer.
Meanwhile, the Johannesburg Metro Police Department (JMPD) says it is concern about growing complaints by motorists and confirms that motorists are not obliged to pay their fines at roadblocks.
Spokesperson Xolani Fihla, “The JMPD has noted with concern the growing confusion regarding the payment of outstanding traffic fines at roadsides check points and roadblocks and wishes to provide definitive clarification and to ensure that all motorists are aware of their legal rights and the department’s protocols. JMPD often provides mobile payment facilities and smart buses at roadblocks. Choosing not to pay at these is within their legal rights and should not result in the arrest.”
The National Motorist Association has urged motorists to exercise their rights if threatened. It has also encouraged motorists to request a warrant of arrest be obtained from the court.
