WATCH | Roadblocks rise to curb festive season road carnage

Understanding legal rights at checkpoints crucial for motorists

The City of Cape Town recorded 49,687 offences for traffic violations during recent checks at roadblocks.
Transport minister Barbara Creecy last week launched the 365-day Arrive Alive road safety campaign (Supplied)

The festive season is upon us, and the department of transport has announced that law enforcement authorities will heighten roadblocks and visibility to clamp down on unroadworthy vehicles and drunk driving, among other transgressions.

Transport minister Barbara Creecy last week launched the 365-day Arrive Alive road safety campaign in Kroonstad, Free State, and said “safer roads depend on every driver, passenger and pedestrian making responsible choices”.

She noted that for the first time in five consecutive years, the country in 2025 had managed to reduce road fatalities by 700.

“However, the overall numbers remained deeply concerning. With over 9,400 fatalities on our roads already this year. We all agree that the accident rate is much, much too high, and there is still a lot more work that we have to do,” Creecy said.

“We will increase roadblocks, checks for vehicle roadworthiness, driver’s licences, seatbelt and child-restraint use, as well as clamp down on speeding and drunken driving.

“Priority routes identified by the department include the N1, N2, N3, N4, N17, as well as notorious secondary roads such as the Moloto Road.”

Priority routes identified by the department include the N1, N2, N3, N4, N17, as well as notorious secondary roads such as the Moloto Road

—  Barbara Creecy, Transport minister

DSC Attorneys partner Kirstie Haslam said “road safety and legal rights must go hand in hand”.

“As South Africans prepare for the festive season exodus, motorists can expect heightened roadblocks and zero-tolerance enforcement from SAPS and traffic departments across the country.

“Law enforcement officers have a tough job keeping our roads safe, but that doesn’t mean motorists surrender their rights at a roadblock. Knowing what’s lawful and what isn’t can prevent unnecessary conflict or even unlawful arrest.”

Haslam said the 2024 festive season “underscored the dangers of complacency behind the wheel”.

“According to the department of transport, more than 997 roadblocks were conducted nationwide between December 2024 and January 2025, leading to 7,448 arrests for offences including drunk driving, speeding, and attempted bribery. Authorities issued over 711,000 fines, impounded 8,917 unroadworthy vehicles, and recorded 1,234 fatal crashes that claimed 1,502 lives, a 5.3% increase in fatalities compared to the previous year. Pedestrians accounted for 41% of all road deaths, highlighting the shared responsibility between motorists and road users.

“These numbers show why enforcement is essential. But it’s equally important that enforcement remains lawful and transparent. When drivers know their rights and officers respect them, roadblocks become safer and more effective for everyone.”

Transport minister Barbara Creecy has a close look at the newly constructed Ndabakazi Intermodal Interchange, which was officially opened on November 1. ( Ziyanda Zweni)

Six things motorists should know before they hit the road:

You must stop, but you don’t have to agree to everything: Motorists are legally required to stop and cooperate at authorised roadblocks. However, officers must be in uniform, and the roadblock itself must be officially approved by a provincial or national police commissioner. You’re entitled to ask for proof that the roadblock has been authorised. Random or unauthorised stops could be unlawful, and so are vehicle searches without reasonable cause.

Breathalyser results can be challenged: If you’re stopped for suspected drunk driving, officers can require a breathalyser test. But breathalyser readings aren’t always accurate; they depend on correct calibration and proper procedure.

You can request that the device’s calibration be verified. And if you dispute the result, you have the right to ask for a blood test, conducted by a medical professional within two hours of arrest. Delays or mishandling of that process can render the results invalid in court.

You can record the encounter, respectfully: Motorists may record or film their interaction with officers, provided they do not obstruct the roadblock or interfere with duties.

A calm, respectful approach goes a long way. Recording the interaction can protect both parties if there’s a dispute later. The key is to document, not provoke.

You can’t be arrested without cause: Refusing a lawful instruction such as a valid breathalyser or blood test can lead to arrest, but being detained without reasonable suspicion, or subjected to excessive force, is unlawful.

If you’re arrested without due process or injured through misconduct, you may have grounds for a civil or personal injury claim. The law allows you to hold authorities accountable.

Don’t drive impaired; the best defence is prevention: While asserting your rights is crucial, Haslam stresses that no legal protection excuses reckless behaviour.

The most effective way to avoid conflict at a roadblock is simple: don’t drink and drive. Have a plan: a designated driver, a cab, or a lift. Rights are there to protect responsible citizens, not shield bad decisions.

Rights and responsibility go hand in hand: Every December, SA’s road safety campaign collides with human behaviour, and fatigue, distraction, speeding, and alcohol abuse remain the leading causes of crashes.

A lawful roadblock should feel safe, not intimidating. If both motorists and officers understand their roles, everyone gets home safely, which is the whole point of the entire exercise.

Sowetan


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