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19-03-2012, 07:41 #1
- Join Date
- Jun 2009
Some help needed from the lawyers and legal experts please
I have a question to the legal fundies on the forum about two pieces of legislation, and how they relate to each other. I'm hoping someone here can be of some help.
I've dealt with Police and their powers in terms of roadblocks a while ago. This was mainly covered in the relevant subsections in section 13 of the South African Police Services Act 68/1995. This part of the act as it relates to roadblocks does not have any specifics towards the use of uniform when performing such duties.
In the National Road Traffic Act however, it is given that a member of the SAPS is regarded as a traffic officer. It further states in Section 3I :
Originally Posted by National Road Traffic Act 93/1996
How, if at all, does this relate to Section 13 of the SAPS Act? Does this by implication mean that any police officer that signals any vehicle to stop at a roadblock is required to be in uniform? Or does the erection(ok, stop giggling at the mention of that word now) of the roadblock and the physical signs that indicate a driver should stop, perform the "act of requiring the driver to stop" and not the officer himself, thus meaning that the officer need not be in full uniform as per the NRTA? Or, while the officer sets up a roadblock, his actions are governed in the SAPS act, and not in the NRTA, thus he is not subjected to the requirements set out in the NRTA? Can it then be seen that the requirements set out inthe NRTA applies when pulling vehicles over whether in person or via blue lights and siren, and does not apply when doing so via roadblocks?
The question isn't really SAPS specific, but more relating to the interpretation of the particular legislation.
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