A prominent consumer body has issued a stark warning to South African drivers, alerting them to widespread reports of traffic officers illegally compelling on-the-spot payment of fines at roadblocks under threat of arrest.
The National Motorist Association of South Africa (NMA) stated it has been inundated with complaints from motorists who allege they were stopped at roadblocks and forced to pay fines immediately or face arrest. The association’s CEO, Bobby Gage, emphasized that this practice is unlawful.
“Roadblocks may offer the option to pay a fine on the spot, but payment is not compulsory. It’s a convenience, not a legal requirement,” Gage said. “If motorists are being pressured or threatened with arrest if they don’t pay immediately, that is not how the law works.”
Gage clarified that under the Administrative Adjudication of Road Traffic Offences (AARTO) Act, motorists retain the right to contest a fine or pay it at a later date. The association alleges that statistically, nine out of ten motorists at these roadblocks are intimidated or threatened with arrest for non-payment.
Frustrated motorists in Johannesburg echoed these concerns. One driver expressed discomfort with the practice, stating fines should be paid at licensing departments, not on the street where money is not always readily available. Another driver reported feeling fearful and unfairly treated, comparing the pressure to criminal activity. “It’s not fair. How can you pay your car in the spot?” the motorist asked.
The legal position is supported by the Criminal Procedure Act of 1977, which governs arrest procedures. The Act stipulates that only a court officer can issue a warrant of arrest, not a traffic officer.
In response to the growing controversy, the Johannesburg Metropolitan Police Department (JMPD) has acknowledged public concern. In a statement, the JMPD said, “The Johannesburg Metropolitan Police Department has noted with concern the growing confusion regarding the payment of outstanding traffic fines at roadside checkpoints and roadblocks.”
The department clarified that while it provides mobile payment facilities and smart buses at roadblocks for convenience, payment on the spot is not obligatory. “We wish to provide a definitive clarification…motorists are not obliged to pay their fines at roadblocks,” the statement read.
The National Motorist Association has urged motorists to know and exercise their rights if threatened, including requesting that any warrant of arrest be obtained lawfully from a court.