Know Your Rights and Responsibilities Before Hitting the Road This Easter in South Africa

Easter Roadblock: As Easter approaches, thousands of South Africans are preparing to hit the road for a long weekend getaway. But with holiday traffic comes heightened law enforcement activity, especially in the form of roadblocks, aimed at reducing the number of fatalities on the country’s roads. Before heading off, drivers must understand what to expect, how to comply, and most importantly, what their rights are.

Contents

🚔 Expect Increased Police Visibility Over Easter

The Easter holiday season, much like December, is one of the busiest travel periods in South Africa. With that surge in traffic comes a tragic spike in road accidents — many of which occur after sunset and are largely due to human error such as drunk driving, according to the Road Traffic Management Corporation (RTMC).

To combat this, authorities across the country will be deploying roadblocks and patrols throughout the long weekend. Their primary focus: ensuring that vehicles are roadworthy and that drivers follow the law.

🛑 Know Your Legal Rights at a Roadblock

Kirstie Haslam, Partner at DSC Attorneys, encourages South Africans to be aware of their rights when stopped at a roadblock, as outlined in Section 13(8) of the South African Police Service Act.

Here’s what you need to know:

You must produce a valid driver’s licence and provide identification if asked.
Officers may search your vehicle and person without a warrant if they suspect illegal activity.
You have the right to legal representation and should not be questioned without your attorney present if one is requested.
You cannot be forced to pay outstanding fines at the scene — this is considered extortion.
A summons issued must provide at least 14 days’ notice before the court date (excluding Sundays and public holidays).
If a valid warrant is presented, police can detain you until the fine is paid.

✅ Roadblock Survival Checklist

Pull over safely when instructed
Remain calm and respectful
Comply with instructions and avoid arguments
Sign fines or notices calmly – never argue on the roadside
Never offer a bribe – it’s a criminal offence
Know your legal rights to prevent abuse of power
Ensure your vehicle is roadworthy, and documents are up to date

🍷 Drinking and Driving: Know the Law

If stopped for suspected drinking and driving:

You cannot refuse a breathalyser test without reasonable cause
If over the legal limit of 0.05g/dl, you’ll be taken for a blood test
Blood must be drawn within 2 hours of being stopped
You have the right to request your own doctor, and the testing must use sterile equipment
A police officer must be present during the test
If arrested, you must be informed of your rights immediately and brought to court within 48 hours
Bail can be requested unless the charge is deemed serious

💥 Unlawful Arrest or Police Brutality?

If you’re wrongfully detained or experience excessive force, you may have a personal injury claim against SAPS or metro police. Be sure to:

Take down officers’ names
Collect contact details of witnesses
Document injuries with photos and medical records
Contact a lawyer promptly to avoid missing legal deadlines

🚗 Make Sure Your Car is Roadworthy Before the Trip

Before you drive off into the sunset, make sure your vehicle is in top condition. Gary Stieger, MD of My Glass, and Marius Kemp from Santam offer essential prep tips:

Get your car serviced, tyres checked, and wheels aligned
Inspect your windscreen – even a chip can reduce visibility
Make sure your licence disc and registration are current
Pre-plan your rest stops to avoid fatigue-related accidents
Monitor traffic news updates for roadblock alerts or congestion
Carry a first-aid kit, water, torch, glow-in-the-dark triangles, and wet wipes
Keep a roadside emergency number saved on your phone

Remember that Easter roadblocks are about safety, not inconvenience. By knowing your rights and staying prepared, you can enjoy a smooth, stress-free journey.

Also read: Electric Pedal Bicycles That Can Go Over 45km/h Now Need to Be Registered as Motor Vehicles