15 April 2025 | 12:10 SAST
3-minute read

Image: News24/Gallo Images/Sharon Seretlo

As public holidays and long weekends approach, South African roads are expected to see an uptick in police activity, including roadblocks. While these roadblocks are legal and often necessary for road safety, they also raise pressing questions about motorists’ rights—particularly when it comes to outstanding traffic fines.

In an interview on Radio Islam International, Advocate Stephanie Fick from the Organisation Undoing Tax Abuse (OUTA) clarified what the law says about traffic fines, warrants of arrest, and filming interactions with officers.

Fick stated categorically that motorists cannot be forced to pay fines at a roadblock unless there is a warrant of arrest. “The only thing they can do to you is if they show you a warrant of arrest, but other than that you are not forced to pay any tickets,” she said.

This is a crucial distinction for Gauteng residents, where two systems are in place: the AARTO system (Administrative Adjudication of Road Traffic Offences) and the traditional Criminal Procedure Act. These dual processes have left many motorists confused, particularly about the legal implications of ignoring traffic tickets.

AARTO, which applies in Johannesburg and Pretoria, is an administrative process. Under this system, enforcement orders—not warrants of arrest—are used to compel payment. These can prevent motorists from renewing their vehicle or driving licences. In contrast, the criminal procedure system allows a magistrate to issue a warrant of arrest if a motorist fails to appear in court after receiving a summons.

“The best advice I can give someone is on the ticket it should state in terms of which process you have received this ticket,” Fick advised.

According to OUTA and other legal watchdogs, the rollout of AARTO nationally has been marred by logistical problems, including unreliable delivery of fines via the South African Post Office. In such cases, motorists may be unaware that enforcement orders have been issued against them. Fick recommended approaching the Road Traffic Infringement Agency (RTIA) for a revocation application if one believes a fine or enforcement order was issued unfairly or without notice.

Fick also touched on motorists’ rights when filming interactions with officers at roadblocks. “Any police officer that is at a roadblock and is only doing their job should not be afraid of being recorded,” she said, adding that while officers may not legally delete videos or seize phones, safety should remain a priority.

“If you are being confronted by a corrupt individual, then safety first. You can video… but telling your experience is just as good,” she explained, noting that eyewitness testimony can hold as much legal weight as a video recording.

Fick urged calm and civility when dealing with law enforcement: “Be polite. Two wrongs don’t make a right.” She acknowledged that while most officers are professionals performing a public service, corruption does occur, and motorists should report misconduct at the nearest police station.

As South Africans prepare for increased road traffic over the holiday season, motorists would do well to remember their rights—particularly that they are under no legal obligation to pay traffic fines on the spot unless a valid arrest warrant is presented.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat.