Being pulled over by the SAPS: What the law says

Northglen News gets clarity on your rights when being pulled over.

FOLLOWING a number of incidents which have surfaced recently during which local residents who have been harassed, bullied and intimidated allegedly involving Greenwood Park SAPS officers, Northglen News decided to find out what you need to be aware of when being pulled over.

Most recently, a local resident, Teevashnee Munsamy, said she was allegedly harassed by two officers while she was taking her sick mother home.

What has become evident in recent times and with reports of criminals posing as cops to commit crimes, is that residents distrust and fear the very people that are put in place to serve and protect.

We spoke to Durban North SAPS spokesman, Lt Raymond Deokaran, and Sunningdale resident, Carol van Tonder, to find out what your rights are when being pulled over by police officers.

“There have been a lot of people saying what steps you need to take when being pulled over. Some have said you put your hands out the window and signal the officers to follow you to the nearest station, or put your hazards on and drive slowly to a service station where there are cameras.

“I’m not saying this is not advisable but it is not procedural, nor is it legal. Signalling for a police officer is not legal. I advise residents to use their cellphones to call 10111, their security company or a family member, telling them exactly where you are and that you are being pulled over by the police.

“I also would advise residents to put on their hazard lights and slow down to acknowledge the police. Most importantly, do not drive away or pick up speed,” he said.

Deokaran said both SAPS and the Metro Police have the authority to pull someone over. Carol van Tonder, who is also a police reservist, said at no point should money exchange hands.

“You do not give any money to any SAPS officer. They can issue you with a fine should there be something wrong with your car or if you are driving without a license, but they cannot accept money on the spot,” she said.

“If there are a lot of hints that an officer is looking for a bribe, stand firm and ask for a ticket and report bribery attempts the nearest police station.”

Alternatively you can contact Corruption Watch, or to Crime Line with an SMS to 32211.

Know your rights

What happens if you have left your licence at home and get pulled over?

“You can get issued with a fine for driving without a licence or an alternative charge of failing to carry your driving licence. There is no ‘on the spot fee’. If it is a SAPS officer pulling you over for a traffic violation, they will produce a J534. You will then be issued with a fine.” Lt Raymond Deokaran.

What if the police want to search my car?

“The Criminal Procedure Act states that a search without a warrant is permitted only if the officer reasonably suspects that your vehicle is linked to a crime. The officer must say what they are looking for, and a woman’s handbag may only be searched by a woman officer. You are also entitled to ask for the arresting officer’s appointment certificate (looks like a credit card with a picture).” Lt Raymond Deokaran said.

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