Are Random Roadblocks Legal? Your Rights as a Driver in SA 2025

A Blue Light Surprise on a Friday Night

Picture this: you’re driving home in Joburg, the city lights blur, you’re humming along, and then flashing blue lights appear up ahead. A roadblock. Your heartbeat picks up, even if you’ve done nothing wrong. Here’s the full lowdown on what’s legal, what’s not, and what you can (and should) do in 2025.

Also read: Can You Really Get Arrested for Driving Without a Number Plate in Gauteng? 2025

Two Types of Roadblocks, Two Very Different Rules

1. Informal or random roadblocks

These are common across highways and major roads. You might get stopped for breathalysers, license checks, or to inspect your car’s roadworthiness. Officers can ask for your driver’s licence, ID, and car registration and can check for outstanding fines.

But, unless they:

• Smell alcohol

• See something openly illegal

• Have strong reasonable suspicion

They cannot search you, your car, or your belongings without a warrant or your permission. That’s a constitutional protection.

2. K78 roadblocks

These are formal, police-authorised operations signed off by the National or Provincial Police Commissioner. At a K78, officers are legally allowed to:

• Search your car without a warrant

• Search your belongings or person (same-sex officer only)

• Seize items suspected to be linked to a crime

What You Are Legally Entitled To

• Ask why you’ve been stopped and whether it’s a K78 or informal stop

• Request to see the roadblock’s authorisation if it’s a K78

• Verify the officer’s identity by asking for their badge or certificate of appointment

• Record your interaction: video is allowed as long as you don’t interfere

• Refuse a search at informal stops unless they provide valid cause

• Say no to on-the-spot fines, unless there’s a valid court warrant

• Insist that only a same-sex officer searches you; cross-gender searches are illegal

Image 1: EWN

The Legal Fine Print

For a K78 to be legal, it must:

• Be signed off by a provincial or national commissioner

• Specify the date, time, location, and operational purpose

• Be disclosed to drivers when requested

Refusing to stop at a roadblock is a criminal offence that could lead to arrest, a fine, or even jail time.

What Has Changed in 2025

The traffic landscape shifted in mid-2025:

• Lower highway speed limits rolled out nationwide

• Zero alcohol tolerance laws are now fully enforced; even trace amounts can get you arrested

• Breathalyser and blood tests can be conducted more aggressively under the new rules

• Officers now have expanded authority to act without warrants during authorised roadblock campaigns

This has led to more frequent roadblocks, especially in high-risk zones like highway off-ramps and weekend travel routes in Joburg.

A Note on AARTO and Ongoing Traffic Law Updates

The AARTO system (Administrative Adjudication of Road Traffic Offences) is still rolling out with mixed reviews. The points demerit system is facing delays and legal challenges, so not all its elements are active yet.

Until rollout stabilises, it’s best to stay informed via official SANRAL or Department of Transport sites, especially if you receive automated fines.

When Things Feel Off

If a stop seems suspicious:

• Stay calm and comply

• Record details discreetly: officer names, badge numbers, location, and time

• Log the incident and follow up with:

  • The station commander

  • IPID (Independent Police Investigative Directorate)

  • Your legal advisor or rights group

So, What Should You Do?

• Pull over safely and politely

• Cooperate without surrendering your rights

• Ask questions with confidence

• Record the encounter if necessary

• Don’t pay fines unless it’s backed by a warrant

• Challenge anything unlawful later, not at the scene

Why This Matters

In a country where roadblocks are common, especially near Johannesburg during long weekends or peak travel, it’s critical to understand where the line between legal and illegal lies.

Knowing your rights protects you and keeps the system accountable. These moments may slow your trip down, but they don’t have to derail your dignity or safety.

Also read: Uber vs Bolt vs InDrive: Which One Is Actually Cheapest in Joburg? 2025

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Featured Image: Good Things Guy