Page 90 - Q&A 2019/2020

Can you be arrested at a roadblock for
outstanding traffic fines?

Arthur Koorts
June 2019

“On my way on holiday the traffic police had a big roadblock where they
appeared to be arresting people. I asked one of the traffic officers what was
going on and he said they were arresting people for outstanding traffic fines.
I pay my fines, so I have little sympathy for people that don’t, but I was still
wondering what happens if you were to get arrested at such a roadblock and
what you should do?”

Firstly, it must be understood that you can be arrested for outstanding traffic fines.
Importantly though, this can only happen where the fine was either personally
handed to you or where a summons was properly served on you in relation to a
fine such as for example, a camera fine for speeding which was not paid in the
prescribed time. Only these documents will have a court date on them before
which this payment of the fine must be made. Should you choose not to settle
the fine, representations can be made to the prosecutor of the relevant court or
you can attend this court before which you will have to state your case.
However, if you neglect or choose not to exercise any of the above mentioned
options, your case will be called on the due date and because of your absence
a warrant for your arrest may be authorized/issued by the magistrate for failure
to appear before court with the execution thereof becoming a possibility no less
than 14 days after summons to appear in court has been served.
Such a warrant is issued under the Criminal Procedure Act 51 of 1977 and is just
as serious as a warrant of arrest for any other crime. Technically, at this point, you
are fair game to be arrested anywhere, with the main purpose of the warrant
not being to secure payment of the fine but rather to bring you before the
appropriate court. Because many of these warrants go unexecuted because
of resource and logistical challenges, it may happen that these warrants are
executed when you are stopped at a roadblock.
Should you be pulled over at a roadblock and made aware that you are Litigation
placed under arrest on strength of such a warrant you have the right to request
to see the warrant and it must be presented to you. But take note - if the system
shows you have a warrant and you request to see it, the officer in turn has the
right to detain you for a reasonable period of time whilst obtaining the original
document before continuing with the arrest.

As with any arrest you must be made aware of your rights verbally at the time of
the arrest and also sign a document listing these rights upon being detained at
the police station. The arresting officer must be clearly identifiable in full uniform

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