Being pulled over by the police is often an intimidating and frightening experience for many. In many situations, it’s an experience in which the police exploit motorists who do not know their rights and in other situations, it’s one in which drivers receive a go-to jail card for non-compliance with a police official’s instructions. It is therefore of utmost importance that all road users are aware of their rights and responsibilities when being pulled over by a police official.
According to the Arrive Alive guidelines, there is a distinction between a roadblock and a roadside check.
Roadblocks
A roadblock, as the name suggests, is when then the police or traffic officials cordon off a road in both directions, physically “blocking” the flow of traffic, so that the police can stop and inspect a vehicle for purposes of carrying out their constitutional mandate. Roadblocks are regulated in terms of the South African Police Service Act (hereinafter the SAPS Act). Section 13(8) of the SAPS Act provides that “The National or Provincial Commissioner may, where it is reasonable in the circumstances in order to exercise a power or perform a function referred to in section 215 of the Constitution, in writing authorise a member under his or her command, to set up a roadblock or roadblocks on any public road in a particular area or to set up a checkpoint or checkpoints at any public place in a particular area.” In summation, section 13(8) provides that:
- written authorisation that specifies the date, approximate duration, place, and object of the roadblock must be issued;
- proper signage, traffic cones, and barriers must be set up near the roadblock;
- a search and seizure without a warrant is allowed in circumstances where it is reasonably necessary to achieve the object specified in the written authorisation; and
- failure to stop at a roadblock is a criminal offence punishable by law.
It is important to note that the power to give written consent by the National or Provincial Police Commissioner is a power that has been delegated to relevant station commanders. A motorist being pulled over at a roadblock has the right to request a police officer to produce proof of the abovementioned written consent/authorisation and the police official will be obligated to produce such written authorisation. If the police official refuses to produce such authorisation, he/she must be reported to the station commander, provincial commissioner, or national commissioner.
Exceptions to the abovementioned roadblock rules
It is also important to note that there are certain circumstances that may warrant a deviation from the abovementioned rules. A roadblock may still be set up and a search and seizure may still be conducted without prior written authorisation if there are reasonable grounds to suspect that:
- a person who has committed an offence in terms of Schedule 1 of the Criminal Procedure Act, has been involved in the commission thereof is, or is about to be, travelling in a motor vehicle in a particular area;
- a person who is a witness to such an offence is absconding and is, or is about to be, travelling in a motor vehicle in a particular area and that a warrant for his or her arrest has been issued, or that such a warrant will be issued if the information at the disposal of the law enforcement official is brought to the attention of the magistrate, regional magistrate or judge referred to in that section, but that the delay in obtaining such warrant will defeat the object of the roadblock;
- a person who is reasonably suspected of intending to commit an offence and who may be prevented from committing such an offence by the setting up of a roadblock is, or is about to be, travelling in a motor vehicle in a particular area;
- a person who is a fugitive, after having escaped from lawful custody is, or is about to be, travelling in a motor vehicle in a particular area;
- any object which is concerned in; may afford evidence of; or is intended to be used in the commission of an offence and which is, or is about to be, transported in a motor vehicle in a particular area and that a search warrant will be issued by a Court and that any delay in obtaining one will lead to the loss of the opportunity to act.
Roadside checks
A roadside check differs considerably form a roadblock in that it involves a traffic officer often stationed on the side of the road who then pulls drivers over at random, thus the flow of traffic is not completely blocked off or severely affected. Roadside checks are regulated in terms of the National Road Traffic Act (hereinafter referred to the NRTA).
The NRTA does not permit search and seizure without a warrant, but also does not forbid law enforcement officers from doing so.
At a roadside check, a traffic officer may do the following:
- Demand to see any document in terms of road traffic and transport legislation.
- Seize the document if it is fraudulent.
- Search a person or property if they consent, or when there are reasonable grounds to do so.
- Temporarily forbid a person to continue to drive or be in charge of a vehicle if they seem mentally or physically unfit to do so.
- Require any person to furnish their name, address, and other particulars if the officer reasonably suspects the person of having committed an offence.
- Ascertain the dimensions of the load on, or the mass, axle mass load, or axle unit mass load of, any vehicle, or the mass of any combination of vehicles, loaded or unloaded, and if necessary for the purpose of ascertaining such mass.
What motorists may do when being pulled over
As a motorist, you are entitled to demand to see an official’s certificate of appointment and you are also entitled to see the written authorisation for a roadblock. You are entitled to refuse to submit to a search at a roadside check unless there exists reasonable grounds for a search.
Conclusion
It is advisable to be compliant with officials at all reasonable times. Approach officers with respect and do not be arrogant with them. If you are of the opinion that your rights are being violated, do not put up a fight with the officers at the roadblock or roadside check; instead, report the officer to the station commander or provincial authorities or call your attorney.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)
In today’s digital era, data has become an essential resource for businesses to grow and thrive in a competitive market. But not all companies are taking advantage of this opportunity. In fact, many organisations are still struggling to understand how they can benefit from their data assets and use them effectively to improve their performance.
Data-driven culture: what does it mean?
A data-driven culture refers to an organisational culture where all employees are encouraged to use data to make decisions that will help improve their performance, as well as their company’s performance as a whole. It’s about using data analytics tools to gather valuable information about your website traffic, customer engagement, and product or service sales. In other words, a data-driven culture values analytics, metrics, and evidence-based decision-making over gut instinct or intuition.
Data has always been an integral part of any business strategy, but with the recent advancements in technology, analytics, and artificial intelligence, we are able to access more information than ever before. The question is: How do you get started? How do you make sure that your organisation embraces a data-driven culture?
Define your data strategy
Collecting data is only useful if you have defined what you want from it and why it matters. This can be achieved by developing a clear strategy on how you will use data within your organisation’s decision-making processes. A good starting point is understanding what kind of questions you want answered by using data, and then identifying what type of information would help answer these questions most effectively. Once these have been identified, decide how often you need new information, as this will inform how frequently you need to collect data from various sources such as systems or surveys.
What are the benefits of a data-driven culture?
Increased agility: Agility is important for any business that wants to keep up with the rapid pace of change in the digital world. A data-driven culture helps businesses be more agile because it gives them access to more information about their customers and competitors. This information is then used to respond quickly to market changes and adapt their strategies accordingly.
Improved decision-making: Data provides valuable insight into what works and what doesn’t work in your business, allowing you to make better decisions with confidence. For example, if you have been trying out different marketing strategies without any solid results, data can help you identify which ones work best, so that you can stop spending time and resources on those that don’t perform well.
More control over marketing strategies: Marketing strategies are often difficult to implement because they involve multiple stakeholders with different goals. However, with data on hand, you can make sure everyone is working towards one common goal: increasing sales. You can also see which marketing tactics are working best for each segment of your target audience so that you don’t waste time and money on ineffective marketing methods.
Better focus on core processes: When you have access to reliable data on client preferences or employee engagement levels, it allows you to focus on what really matters instead of wasting time on non-essential tasks.
Drives innovation: By using data as an input factor within your organisation, you encourage creativity and innovation amongst employees who have access to it. This helps them come up with new ideas, products or services that solve client problems better than competitors do.
Builds respect & creates stronger employee relationships: Finally, having access to data gives everyone in your business insight into how things are going at any given time. This transparency creates an environment where people feel more connected — regardless of whether they work directly with one another or not — because they understand each other’s roles better than before.
The future is unpredictable, and in this ever-changing business landscape, it is important to know where you stand before you can understand where you’re headed. Observing what is happening in your industry, identifying trends, and collecting and analysing data to generate insights can – and should – be applied to any aspect of your business. By harnessing the power of data and truly embracing a data-driven culture, your company can learn how to perform better and develop efficient strategies for long-term success.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)