Roadblocks happen unexpectedly and all the time.
Therefore it is important to be aware of your rights as road user and to know about the execution of warrants of arrest.
In Randfontein, traditional traffic fines are currently dealt with in terms of the Criminal Procedure Act 51 of 1977 (CPA), therefore road users are urged to adhere to the rules and regulations of this Act.
According to Arrive Alive, the Justice Project South Africa (JPSA) wishes to inform the public about certain topics such as warrants of arrests, among many other things.
A warrant of arrest against you is an authority to arrest you on a criminal charge and not an authority to abuse you or your constitutional rights. You have the right to demand to see a copy of the warrant of arrest which should be shown to you immediately. It doesn’t have to be an original and you may not be detained while they fetch one. However, refusing or resisting arrest at any time isn’t advised.
You have no right to demand proof of service of a summons at a roadblock. Just bear in mind that you have the right to access this information at a later stage. If you are arrested on the strength of a warrant of arrest, you must be taken to the place of holding stated on the warrant of arrest as soon as possible after your arrest. If you are not informed of your rights in terms of the Constitution at the time of your arrest, make note of who it was that failed to do this.
At any time, whether you are being issued a fine or being arrested, you have the right to ask to see the appointment certificate of the peace officer involved. Law enforcement officers must be clearly identifiable. A clearly visible name tag must be displayed above the right breast pocket of his or her uniform. If you have politely asked to see this, and the person refuses to show it to you, he or she has committed an offence. The offence that has been committed has, in terms of the CPA, the effect of making everything that person does unlawful, including issuing you with a fine or summons or arresting you.
It is important to not try to take this up at the time – simply note it and who it was that refused to show the name tag to you. Once you have been detained, you will have the option to pay an admission of guilt fine or appear before a court – the choice is yours.
When you are stopped at a roadblock, traffic authorities may try to create the impression that you have no option but to settle your fines, right there, under threat of arrest. However, they cannot, under any circumstances, arrest or detain you for an outstanding traffic fine for which there is no warrant of arrest.
Instead, they may serve you with a summons to appear in court, as long as the court date is at least 14 days in the future (Sundays and public holidays excluded), but they may not force you to pay there and then. They may also not serve you with a summons with a court date any sooner than 14 days into the future.
Do you perhaps have more information pertaining to this story? Email us at randfonteinherald@caxton.co.za (remember to include your contact details) or phone us on 011 693 3671.
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