The Johannesburg Metro Police Department (JMPD) has warned motorists not to fall for traffic officers who attempt to coerce them into paying outstanding fines at a roadblock.
JMPD spokesperson Xolani Fihla told 947 that despite the facilities being available for one to pay traffic fines when pulled over at a legal roadblock, you are not required to do so by law.
There are two types of roadblocks that traffic officials are allowed to carry out namely formal and informal stops.
When an officer waves you down at a formal roadblock, they need to inform you about the reason for stopping, and if it is to check for outstanding traffic fines, they’ll advise you on what to do if you do have infractions to your name and want to get them cleared on the spot.
“The important thing is that you’re not forced to pay traffic fines within the City of Johannesburg,” said Fihla.
“We are using the Aarto system, and with this system, you are not forced to pay the traffic fine immediately at the roadblock and you won’t be arrested for any outstanding traffic fines.”
The same counts at an informal roadblock, also known as a roadside check. Here, officers can ensure that your vehicle is roadworthy and may ask for your ID and driver’s licence as well as verify whether you have outstanding fines, however, they can not force you to pay fines.
The controversial Aarto system – short for Administrative Adjudication of Road Traffic Offences Act – took effect in the City of Johannesburg (CoJ) in 2008 and decriminalises many of the traffic infringements that were previously classed as criminal offences, with drivers instead being penalised through monetary fines and demerit points on their licence.
At present, the Aarto Act only applies in the Johannesburg and Tshwane municipalities with the Road Traffic Infringement Agency vying to roll out the system to the rest of the nation by mid-2025.
However, industry experts believe this is a very optimistic deadline given the fact that the first version of the Act was presented to Parliament as far back as 1998 and has been dogged by administrative and legal challenges ever since.
What about outside Joburg and Tshwane?
Outside the municipalities of Johannesburg and Tshwane, traffic infringements are still handled through the Criminal Procedures Act.
Fortunately, the same principle applies if you are pulled over anywhere else in the country in that the officer can not force you to pay a traffic fine on the spot.
“Police cannot prevent you from proceeding on a journey because of an outstanding traffic fine, or arrest you for outstanding fines without following due process,” said Fines SA, a platform that enables motorists to check and pay traffic fines for over 250 municipalities around the country.
“Be extremely cautious if the person at the roadblock, in police uniform or otherwise, asks you to accompany them to an ATM to pay a fine. Do not agree to go.”
The organisation warns, however, that not paying traffic fines for an extended period of time may see a warrant issued for your arrest, in which case a traffic officer is within their jurisdiction to detain you at a roadblock no matter where you are headed.
After putting on the handcuffs, the officer is legally required to tell you your rights and take you to the nearest police station to be processed. Once complete, you can apply for bail at the station, and within two days, you have the right to appear in court to plead your case.
Regardless of where you are pulled over – whether it be in Joburg, Tshwane, or anywhere else – Fines SA notes to ensure that the traffic official is legitimate and is not trying to fleece you for a bribe, or worse, attempting to hijack you.
“You have the right to ask a police officer to show you their appointment card, which must be carried at all times,” said Fines SA.
“Failure on the part of the officer to present this card is a red flag, as he or she might be impersonating a traffic officer.”
Furthermore, although it might escalate the situation, you are encouraged to document your interactions with the police through photos, videos, and voice recordings to protect yourself from intimidation and coercion.
“The police are not allowed to confiscate or damage your recording equipment or ask you to delete footage,” said Fines SA.
Should you sense something suspicious, Fines SA recommends reporting the roadblock or traffic official to the National Traffic Call Centre (0861 400 800) or the South African Police Service’s National Service Complaints Centre (0800 333 177).
You can also follow up with calls to the Independent Police Investigative Directorate (012 399 0000) to escalate a complaint if necessary.
Join the discussion