PROJECT: KNOW YOUR RIGHTS - WHAT A TRAFFIC OFFICER MAY NOT DO

Isabel Spies
23 hours ago
4 min read

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Traffic officers in South Africa are legally empowered to enforce road safety, issue fines,

and request to see a driver’s licence and vehicle documents.

However, their authority has clear limits.

They cannot lawfully demand immediate payment of outstanding fines at a roadblock, seize a valid driver’s licence as leverage, or arrest a motorist solely for owing fines—unless supported by a valid court-issued warrant or other lawful basis.

Specialised Security Services (SSS) highlights these boundaries to ensure motorists understand their rights,

avoid coercion, and protect themselves from potential abuse or corruption during traffic enforcement operations.

Despite clear legal boundaries, cases continue to surface where motorists are coerced into instant payment at roadblocks,

told their licence will be withheld, or threatened with arrest unless they settle fines on the spot.

For example, officers have been caught demanding cash or e-wallet payments, or misusing mobile payment devices at stops. These incidents highlight two core risks: one, that enforcement may shift from genuine road-safety objectives to revenue or corruption motives; and two, that drivers, especially those unfamiliar with their rights, may feel compelled to comply through intimidation rather than lawful requirement.

To protect yourself, always ask for a formal notice if a fine is alleged, keep records (time, place, officer ID),

never go to an ATM under duress with an officer, and always report the incident to the provincial traffic department

or the Independent Police Investigative Directorate (IPID) if your rights are violated.

Members of the public are reminded of the following legal boundaries regarding traffic enforcement and payment of fines:

ROADSIDE PAYMENTS ARE ILLEGAL:

Traffic/municipal police officers may not demand or accept payment of fines at any roadblock or checkpoint.
All fines must be paid through official municipal or court channels only.

DRIVING LICENSES CANNOT BE WITHHELD:

An officer may not confiscate or retain your driving license unless it has been lawfully suspended, cancelled, or seized as evidence in a criminal matter authorised by law.
Using a license as leverage to compel payment is unlawful and may constitute theft, extortion, or corruption.

FINES ARE ADMINISTRATIVE AND NOT CRIMINAL UNTIL DUE PROCESS:

Outstanding traffic fines do not justify detention, confiscation of property, or threats of vehicle impoundment.
These are handled through written notices or summonses under the Criminal Procedure Act or AARTO system.
You can only be detained if a warrant of arrest has been issued in your name.

DATA AND LICENSE CHECKS MUST BE LAWFUL:

Traffic/municipal police officers may verify licenses and vehicle discs, but running electronic checks solely to find unpaid fines unrelated to the stop without reasonable suspicion of an offence can breach the right to privacy and exceed their authority.

YOUR RIGHTS IF THIS HAPPENS:

Do not pay at the roadside.
Demand the immediate return of your license.
Record the incident (date, time, officers’ names, badge numbers).
Lay a criminal charge at SAPS for theft, extortion, or corruption.
Report the incident to IPID, the Public Protector, and the Provincial Department of Community Safety.

TRAFFIC ENFORCEMENT IS MEANT TO UPHOLD THE LAW AND NOT TO EXTORT THE PUBLIC.

ANY OFFICER WITHHOLDING A LICENSE OR DEMANDING CASH ON THE ROADSIDE IS ACTING

OUTSIDE THEIR POWERS AND COMMITTING A CRIMINAL OFFENCE.

PREVIOUS SSS PROJECTS:

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Regards,

Mike Bolhuis

Specialist Investigators into

Serious Violent, Serious Economic Crimes & Serious Cybercrimes

PSIRA Reg. 1590364/421949

Mobile: +27 82 447 6116

E-mail: mike@mikebolhuis.co.za

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