'Illegal' N1 road block causes controversy

LazyLion

LazyLion

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On Sunday 13 July 2014, the Johannesburg Metropolitan Police Department (JMPD) staged a roadblock on the N1 motorway between Beyers Naude Drive and Malibongwe Drive and vice versa in both directions on the motorway.

On learning about the gridlock caused in both directions – which led to unacceptably long delays of motorists travelling on the motorway, Justice Project South Africa made contact with Chief Superintendent Wayne Minnaar to request a copy of the authorisation for this roadblock issued in terms of Section 13(8) of the South African Police Service Act, 1995. In terms of this provision, the National or Provincial Commissioner may authorise roadblocks which infringe on the Constitution, in order to facilitate legitimate law enforcement exercises.

We were told by Minnaar that written authorisation had indeed been obtained from General Reddy; a SAPS Gauteng Cluster Commander stationed at Honeydew Police Station, but despite Minnaar’s undertaking to email the relevant authorisations to us, by 10:00 on Monday 14 July 2014, no such proof of the existence of these alleged authorisations have been forthcoming.

It was reported on the ANN7 News at 19:00 bulletin that this exercise, which lasted for and disrupted the free flow of traffic in both directions on the motorway for some six hours managed to net a whole “2 stolen motor vehicles, 7 unroadworthy motor vehicles, dozens of fines for vehicles with no number plates and dozens of fines for unlicensed motor vehicles”. It apparently did not yield a single driver under the influence of alcohol, any fraudulent driving licences, etc.

In the same bulletin, Chief Superintendent Wayne Minnaar stated that “in terms of Section 113(8) of the South African Police Act [sic] authorisation was obtained…” We point out that the South African Police Service Act, 1995 comprises 73 sections and therefore does not have a “Section 113(8)”.

JPSA has received complaints from numerous motorists who were caught up in the resulting traffic jams on one of Johannesburg’s busiest routes, some of whom were women travelling with small children and elderly people, Private Emergency Management Services including paramedics and others who despite being delayed for periods in excess of an hour were not stopped once they reached the officers manning these roadblocks.

The costs of mounting these exercises must have been enormous, considering the amount of JMPD personnel involved in them, the fact that they were mounted on a Sunday and overtime pay would have had to be paid to all of the officers concerned. The costs incurred by innocent motorists caught up in these exercises are immeasurable considering the volume of traffic caught up in them.

It is arguable that the same, or better results could have been achieved by the JMPD had it simply mounted a proper moving violation enforcement exercise involving the same number of officers and JMPD vehicles.

JPSA has lodged a complaint with JMPD Chief of Police, Zwelibanzi Nyanda through his Chief of Staff, Director Gerrie Gerneke and has copied its complaint to SAPS Gauteng Provincial Commissioner, General Mothiba, the Minister of Transport, the Independent Police Investigative Directorate (IPID), the Public Protector and the Road Traffic Infringement Agency (RTIA). Further formal complaints are also being lodged with IPID and the office of the Public Protector.

JPSA has demanded that the JMPD provide a written undertaking to cease mounting roadblocks that are not properly and lawfully authorised by the National or Provincial Commissioner of the South African Police Service, failing which it will approach the High Court for remedy.

We have also demanded that the JMPD issue a directive to their officers instructing them to refrain from threatening motorists who have outstanding AARTO infringement notices with arrest, since the AARTO Act does not cater for Warrants of Arrest for unpaid traffic fines, but contains other legislated mechanisms to deal with them.

It is our contention that the roadblocks set up on Sunday 13 July 2014 and other roadblocks set up by the JMPD on a daily basis whereat they only stop motorists who have outstanding traffic fines, but delay innocent, law-abiding motorists in the process are both, abusive and unlawful and constitute a direct contravention of Section 21 of the Constitution which guarantees freedom of movement.

JPSA has no problem whatsoever with and regularly encourages and applauds legitimate law enforcement operations but strongly objects to the abusive manner in which the JMPD generally exercises its powers, to the detriment of law-abiding motorists. We find such behaviour repugnant in sense of the word and consider it to be severely detrimental to legitimate law enforcement exercises and agencies.
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www.Facebook.com/TrafficJHB
 
JOHANNESBURG – On Sunday 13 July 2014, the Johannesburg Metropolitan Police Department (JMPD) staged a roadblock on the N1 motorway between Beyers Naude Drive and Malibongwe Drive and vice versa in both directions on the motorway.

On learning about the gridlock caused in both directions – which led to unacceptably long delays of motorists travelling on the motorway, Justice Project South Africa made contact with Chief Superintendent Wayne Minnaar to request a copy of the authorisation for this roadblock issued in terms of Section 13(8) of the South African Police Service Act, 1995. In terms of this provision, the National or Provincial Commissioner may authorise roadblocks which infringe on the Constitution, in order to facilitate legitimate law enforcement exercises.

We were told by Minnaar that written authorisation had indeed been obtained from General Reddy; a SAPS Gauteng Cluster Commander stationed at Honeydew Police Station, but despite Minnaar’s undertaking to email the relevant authorisations to us, by 10:00 on Monday 14 July 2014, no such proof of the existence of these alleged authorisations have been forthcoming.

N1 N & S RoadblockIt was reported on the ANN7 News at 19:00 bulletin that this exercise, which lasted for and disrupted the free flow of traffic in both directions on the motorway for some six hours managed to net a whole “2 stolen motor vehicles, 7 unroadworthy motor vehicles, dozens of fines for vehicles with no number plates and dozens of fines for unlicensed motor vehicles”. It apparently did not yield a single driver under the influence of alcohol, any fraudulent driving licences, etc.

In the same bulletin, Chief Superintendent Wayne Minnaar stated that “in terms of Section 113(8) of the South African Police Act [sic] authorisation was obtained…” We point out that the South African Police Service Act, 1995 comprises 73 sections and therefore does not have a “Section 113(8)”.

JPSA has received complaints from numerous motorists who were caught up in the resulting traffic jams on one of Johannesburg’s busiest routes, some of whom were women travelling with small children and elderly people, Private Emergency Management Services including paramedics and others who despite being delayed for periods in excess of an hour were not stopped once they reached the officers manning these roadblocks.

The costs of mounting these exercises must have been enormous, considering the amount of JMPD personnel involved in them, the fact that they were mounted on a Sunday and overtime pay would have had to be paid to all of the officers concerned. The costs incurred by innocent motorists caught up in these exercises are immeasurable considering the volume of traffic caught up in them.

It is arguable that the same, or better results could have been achieved by the JMPD had it simply mounted a proper moving violation enforcement exercise involving the same number of officers and JMPD vehicles.

JPSA has lodged a complaint with JMPD Chief of Police, Zwelibanzi Nyanda through his Chief of Staff, Director Gerrie Gerneke and has copied its complaint to SAPS Gauteng Provincial Commissioner, General Mothiba, the Minister of Transport, the Independent Police Investigative Directorate (IPID), the Public Protector and the Road Traffic Infringement Agency (RTIA). Further formal complaints are also being lodged with IPID and the office of the Public Protector.

JPSA has demanded that the JMPD provide a written undertaking to cease mounting roadblocks that are not properly and lawfully authorised by the National or Provincial Commissioner of the South African Police Service, failing which it will approach the High Court for remedy.

We have also demanded that the JMPD issue a directive to their officers instructing them to refrain from threatening motorists who have outstanding AARTO infringement notices with arrest, since the AARTO Act does not cater for Warrants of Arrest for unpaid traffic fines, but contains other legislated mechanisms to deal with them.

It is our contention that the roadblocks set up on Sunday 13 July 2014 and other roadblocks set up by the JMPD on a daily basis whereat they only stop motorists who have outstanding traffic fines, but delay innocent, law-abiding motorists in the process are both, abusive and unlawful and constitute a direct contravention of Section 21 of the Constitution which guarantees freedom of movement.

JPSA has no problem whatsoever with and regularly encourages and applauds legitimate law enforcement operations but strongly objects to the abusive manner in which the JMPD generally exercises its powers, to the detriment of law-abiding motorists. We find such behaviour repugnant in sense of the word and consider it to be severely detrimental to legitimate law enforcement exercises and agencies.

Our letter of complaint to the JMPD can be viewed here.
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http://www.jp-sa.org/media.asp

20140713Roadblock_N1N&S_s.jpg
 
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They almost got me - I saw okes heading up the wrong way so I went past and used Monkor-Rhema-PresFouche to bypass this mess.

I hope this crap comes to an end now - I have mentioned them before but got no answers.
 
Do JMPD ever do any sort of impact assessment when they do this? They are famous for taking over a big intersection near my place of work and in doing so they cause gridlock.
 
Traffic and/or police blocking one of the busiest highways in South Africa, both sides - a highway leading to and from South Africa's biggest airport - but then again we live in South Africa, what else can we expect from a bunch of idiots...

police.jpg
 
I expect the JMPD to treat the criticism in a similar fashion to this:
f8dce7b97df8bebf32f541873da1d570b6c82551275e7a5b91e6b6c102321575.jpg
 
House said:
Traffic and/or police blocking one of the busiest highways in South Africa, both sides - a highway leading to and from South Africa's biggest airport - but then again we live in South Africa, what else can we expect from a bunch of idiots...
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Remind me of the time they did it in the R21/R24/N3 area a few years back, total chaos, especially since there were accidents on some of the other major routes. Total gridlock. Look me 6 hours to travel a total 110km that day.
 
Same ****ing braindonors that close william nicol or sandton drive down in peak hour...
 
Furthermore a roadblock does not show that there is active law-enforcement presence which we desperately need especially on our roads.

Where is the patrolling? They can passively scan license plates for stolen vehicles and other violations that way. Where are they at primary roads during rush hour to stop the traffic violations and safety hazards? I observe a law broken more than once every single day without fail and I'm only on the road to and from work. Why is there nothing at high crime and popular smash-and-grab areas? As an example I drive through Main Road on to Witkoppen almost every day and I see glass on the road often, usually but of course not always, due to a smash and grab. 702 has reported smash and grab there more than once. Even my girlfriend has physically witnessed it. I have not witnessed a single law enforcement vehicle there more than maybe once in the past year.

If big brother is watching everywhere, even potentially, people will stop committing crimes freely. If big brother simply sets up shop at select locations and are easy to spot then all hell breaks loose everywhere else without fear of consequence.

Lastly do they take into account the disruptions to the economy based on the time waste of civilians when they do these stupid road blocks? Even on a Sunday people still work and even if not, a lot of fuel burned and wasted by hundreds of stopped cars for nothing.

Bottom line is they are wasting my ****ing tax money and should be smacked across the face with a brick.
 
thestaggy said:
Do JMPD ever do any sort of impact assessment when they do this? They are famous for taking over a big intersection near my place of work and in doing so they cause gridlock.
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When it comes to traffic management in general the JMPD are atroucious. Plonk a couple of them down at an intersection where the traffic lights are working normally and watch the ensuing chaos. God help you if you hoot in frustration - a JMPD 'observing officer' will stroll over to your window and harass you regarding your intolerance for the service their are busy delivering.
Bobbin said:
As an example I drive through Main Road on to Witkoppen almost every day and I see glass on the road often, usually but of course not always, due to a smash and grab.
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Oh the JMPD officer is nearby but he is busy pulling over random cars who allegedly ran one of the stop signs in order to fish for bribes. Same story on New Road in Midrand.
 
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Big brother?

This is the spiteful bullying type of brother, not the other kind...
 
This is all show of force. They think that this is the only way to get motorists to be law abiding. One big operation instead of hundreds of small ones are easier to manage. Was anyone asked about their e-tag I wonder?
 
lcbxx said:
When it comes to traffic management in general the JMPD are atroucious. Plonk a couple of them down at an intersection where the traffic lights are working normally and watch the ensuing chaos. God help you if you hoot in frustration - a JMPD 'observing officer' will stroll over to your window and harass you regarding your intolerance for the service their are busy delivering.
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That is exactly what they do near me. Traffic lights are in perfect working order and they take over. It usually takes me 5-minutes to navigate two intersections and about 800m of road but when they pull in it turns into 30-minutes of angry people blocking side roads and creeping around in 1st gear.

I've thought about asking them if they are aware of the chaos they are causing further down the road but as you said, I'm afraid I'd get harassed or worse.
 
They do the same here, Wait until monday morning. 6:50 rocks up just infront of the Highschool on Hans Strijdom and F*** up the traffic. It used to take me 50 minutes to go from Rubenstein over the N1 bridge.

:mad:
 
Mila said:
They do the same here, Wait until monday morning. 6:50 rocks up just infront of the Highschool on Hans Strijdom and F*** up the traffic. It used to take me 50 minutes to go from Rubenstein over the N1 bridge.

:mad:
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Whatevs, that road is always messed up in the mornings, except if there are school holidays. I use Rigel and then the back route...
 
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