As the festive season begins, thousands of South Africans hit the highways, and SAPS roadblocks become part of the season. While these stops help keep roads safer, many motorists still don’t know where their rights at a South African roadblock begin and end. That uncertainty can turn a routine check into unnecessary tension.
Before you head out for your December holiday, here’s what every driver needs to know about South Africa roadblock rights, according to a legal expert.
What you need to know about your rights at a South African roadblock
Legal experts say that most tension at roadblocks stems from misunderstanding.
“Law enforcement officers play a crucial role in keeping roads safe, but motorists still have the right to lawful treatment,” says Kirstie Haslam from DSC Attorneys.
Below are the most common misconceptions about roadblock rights in South Africa, and what the law actually says.
1. You can refuse anything the police ask for
Reality: You are legally required to stop and follow SAPS roadblock rules at an officially authorised roadblock. Officers must be in uniform, and a regional or national police commissioner must approve the roadblock.
“You are entitled to ask for proof that the roadblock has been authorised,” Haslam says. “Random or unauthorised stops could be unlawful, and so are vehicle searches without reasonable cause.”
2. Breathalyser results are final, no point in arguing
Reality: You may request verification or ask for a blood test.
Breathalysers will be common during SAPS roadblocks this festive season due to South Africa’s zero-tolerance policy, but they are not infallible.
You may ask to:
- See the breathalyser’s calibration certificate
- Request a blood test (if you are being arrested)
You cannot refuse a lawful instruction, but you can request verification or a blood test taken within two hours by a medical professional.Remember,
3. It is illegal to record police at a roadblock
Reality: You may film, as long as you don’t interfere.
It is not illegal to film law-enforcement officers at a roadblock in South Africa. Haslam says you have the right to record your interaction as long as you remain respectful, avoid obstructing the roadblock and do not interfere with duties. Filming protects both sides and ensures transparency during South Africa roadblock checks.
4. Police can arrest you for no reason
Reality: There must be reasonable suspicion or a lawful reason.
Officers may arrest you if you:
- Refuse a lawful instruction, such as a breathalyser test
- Are suspected of drunk driving
- Are found with illegal items
- Have outstanding warrants
They cannot arrest you without a legal reason or use force without justification.
“If you’re arrested without due process, or injured through misconduct, you may have grounds for a civil or personal injury claim,” Haslam explains. “The law allows you to hold authorities accountable.”
5. If I am polite, I don’t need to worry
Reality: Rights matter, but responsible driving matters more.
Knowing your rights at a South African roadblock helps, but avoiding trouble starts with responsible behaviour.
The simplest way to avoid conflict at a roadblock: Don’t drink and drive. Roadblocks are designed to save lives, not punish compliant citizens. Drinking and driving can easily become a costly travel mistake, one that you would rather not want to make as you start your holiday.
Why these misconceptions matter
Last festive season, South Africa conducted more than 997 roadblocks, leading to:
- 7 448 arrests
- Over 711 000 fines
- 1 234 fatal crashes
- 1 502 deaths, with pedestrians making up 41% of fatalities
“These numbers show why enforcement is essential,” Haslam says. “But it must remain lawful and transparent.”
When motorists understand their rights at roadblocks in South Africa and follow the road laws, it becomes safer for everyone.
