The Johannesburg Metro Police Department has come down hard on motorists behaving badly, with at least 36 arrested for speeding over the weekend and the department also coming down hard on unroadworthy vehicles.
But it appears that some officers might not be playing by the rules at roadblocks.
Motoring influencer Matthew Kanniah said on social media platform X this week that he had been pulled over at a roadblock and informed by an officer that motorists with outstanding fines would not be allowed to leave until they had been paid.
TL, please help me here. I’ve been pulled over at Woodmead and it seems motorists are being asked to pay for fines on the spot. The officer argued with me insisting that if I had fines I couldn’t leave until I paid. Isn’t this not allowed anymore, why is this still happening? pic.twitter.com/Mph17Yyveq
— Matthew Kanniah (@matthewkanniah) October 8, 2024
Some respondents to the post made similar claims, with one user stating he was forced to pay his fines at a roadblock recently.
Another said the Ekurhuleni Metro Police Department threatened him with a night in a holding cell if he didn’t pay up.
However the JMPD is very clear on its stance on unpaid fines at roadblocks.
No obligation to pay on the roadside
Recently, JMPD spokesperson Xolani Fihla reiterated that motorists are under no obligation to pay their traffic fines at roadblocks.
“Within the City of Johannesburg, the JMPD is using the Aarto system, and we are advising motorists to pay their traffic fines, but at a roadblock that is manned by the JMPD, you’re not obliged or forced to pay the traffic fine on the spot,” Fihla told eNCA.
This is infact inline with the National Road Traffic Act, which states that traffic officers at a roadblock may inform you of your outstanding traffic fines, but they cannot force you to pay such fines even if a facility such as a bus is there for you to do so.
However, Legal Wise states that motorists may be arrested if a warrant for their arrest has been issued in relation to one of their outstanding fines.
But while motorists are not obliged to pay their fines at the roadside, the JMPD’s Filha says doing so is still a good idea, as it would prevent the fine from becoming an enforcement order that would block them from renewing their driving licence and or vehicle licence disk at a later stage.
Fihla added that it was also more convenient than paying at a testing centre, although motorists can also settle their fines using online portals such as PayCity or FinesSA.
The Organisation Undoing Tax Abuse (OUTA) Chief Executive Wayne Duvenage advises motorists to regularly check for fines and verify the dates on which they were issued, as police have an obligation to notify motorists within 30 days, failing which the fines will become invalid.
Motorists who suspect foul play at a roadside check or roadblock, including attempted bribery, can report it to the JMPD’s Anti-Corruption hotline at 080 020 3712.
IOL