Is this how you get spoken to? A scared mother being pulled over by SA police was scared it may have been a fake police stop and someone trying to hijack her, with her two kids in the car she didn’t want to take any chances and decided to drive to the nearest garage. Watch how the police speak to her and threaten her.
Know your rights.
It is very important to distinguish between a traffic cop and a SAPS police officer in these situations.
Their functions and powers are different.
You may be stopped at legal authorized roadblocks under certain circumstances; we are not discussing this here.
All road users will at some point be pulled over by TRAFFIC COP; and you are required by law to abide by their instructions.
Firstly, in terms of National Road Traffic Act “traffic officer” means a traffic officer appointed in terms of section 3A of the NRTA and NOWHERE IN THIS DEFINITION DOES IT INCLUDE A SAPS POLICE OFFICER!
A TRAFFIC COP, when in UNIFORM, can require the driver of any vehicle to stop such vehicle at any time.
A TRAFFIC COP must produce his or her certificate of appointment at the request of any person having a material interest in the matter concerned.
A TRAFFIC COP must at all times when wearing a full or partial traffic officer’s uniform, display his or her official name tag above the right breast pocket of his or her uniform in such a manner that it is completely visible and easily legible.
If you are stopped by a TRAFFIC COP; you are obliged to give your name and address, if required, and any other particulars concerning your identity.
You cannot under any circumstances be arrested for an outstanding traffic fine for which there is no warrant of arrest.
SAPS POLICE OFFICER;
In terms of the Criminal Procedure Act 51 of 1977 (the CPA), a SAPS POLICE OFFICER duty and function is to prevent and investigate crime and conduct search and seizures.
SAPS POLICE OFFICER can’t just pull you over without probable cause; they can’t just randomly stop you and look for drugs in your car. THEY NEED A REASON, or “probable cause,” like speeding or a broken tail light.
If a SAPS POLICE OFFICER wants to pull you over without probable cause, this ladies action is a very good example to follow considering that due to the sad and very frequent events we can unfortunately no longer trust our SAPS POLICE OFFICERS.
HAVING SAID THIS I MUST SAY THAT IN MELKBOSSTRAND WE ARE BLESSED WITH VERY VERY GOOD SAPS POLICE OFFICERS AND YOU SHOULD MAKE IT YOUR BUSINESS TO AT LEAST GET TO KNOW THEIR APPEARANCE.
When a SAPS POLICE OFFICER wants to pull you over without probable cause and at a dangerous place under suspicious circumstances do this;
1. Reduce speed to 60KM , DO NOT speed up.
2. Put on your emergency lights.
3. Indicate with your one hand that you will pull over in front.
4. Phone your local police station , neighbourhood watch or CPF.
5. Then pull over where it is safe and there are witnesses.
6. Record the entire process, you are entitled to.
7. When stop stay in the vehicle and show all your hands.
8. Be calm and courteous in your manner of speech.
9. You are entitled to ask the SAPS POLICE OFFICER whether in uniform or not, for proof of identify.
10. The Criminal Procedure Act very clearly states that an officer who can’t or won’t provide an appointment certificate on demand is in violation of the Act and any actions that they take will be unlawful if the certificate is not provided.
11. If a law enforcement official wants to arrest you, DO NOT RESIST ARREST IN ANY WAY.
12. Have a local criminal attorney number handy.
13. If after following this procedure you are arrested smile because you will get a nice award for damages