Loubser van Wyk Inc.

09/12/2025

You don’t have to pay traffic fines at roadblocks over the festive season, and you may not be arrested for outstanding fines.

Oftentimes the issue of paying outstanding traffic fines at roadblocks becomes a topic of debate whose conclusion is sometimes left hanging on social media and at roadblock which can lead to your arrest.

As most people prepare for the festive season exodus, motorists can expect heightened roadblocks and zero-tolerance enforcement from SAPS and traffic departments across the country. But while the focus is on keeping roads safe, legal experts are reminding drivers that road safety and legal rights must go hand in hand.

Demanding payment of fines at traffic road block and threatening with arrests amounts to extortion. The only time you can be arrested at a roadblock is if an officer presents you with a valid original warrant of arrest. In that situation, you may legally be detained until the fine linked to that warrant is settled. But without a warrant, officers have no authority to demand on-the-spot payment with or without a card machine.

“Knowing what’s lawful and what isn’t can prevent unnecessary conflict or even unlawful arrest.”

The festive season is known for increased road accidents, which are sometimes caused by irresponsible driving, and to prevent this, the department of transport surges its roadblocks across the country. Some roadblocks have resulted in rude and sometimes violent encounters whose videos end up on social media.

Here’s what motorists should know before they hit the road this December:

1. You must stop at the roadblock, but you don’t have to agree to everything. You are legally required to stop and cooperate at authorized roadblocks. However, officers must be in uniform, and the roadblock itself must be officially approved by a provincial or national police commissioner.

“You’re entitled to ask for proof that the roadblock has been authorized. Random or unauthorized stops could be unlawful and so are vehicle searches without reasonable cause,” said Haslam.

2. Breathalyzer results can be challenged. If you’re stopped for suspected drunk driving, officers can require a breathalyzer test. But breathalyzer readings aren’t always accurate; they depend on correct calibration and proper procedure.

“You can request that the device’s calibration be verified. And if you dispute the result, you have the right to ask for a blood test, conducted by a medical professional within two hours of arrest. Delays or mishandling of that process can render the results invalid in court,”

3. You can request that the device’s calibration be verified. And if you dispute the result, you have the right to ask for a blood test, conducted by a medical professional within two hours of arrest.

4. You can record the encounter, respectfully. Motorists may record or film their interaction with officers, provided they do not obstruct the roadblock or interfere with duties.

“A calm, respectful approach goes a long way. Recording the interaction can protect both parties if there’s a dispute later. The key is to document, not provoke,”

5. You can’t be arrested without cause. Refusing a lawful instruction such as a valid breathalyzer or blood test can lead to arrest. But being detained without reasonable suspicion, or subjected to excessive force, is unlawful.

“If you’re arrested without due process or injured through misconduct, you may have grounds for a civil or personal injury claim. The law allows you to hold authorities accountable,”

6. Don’t drive impaired; the best defense is prevention. While asserting your rights is crucial, no legal protection excuses reckless behavior.

“The most effective way to avoid conflict at a roadblock is simple: don’t drink and drive. Have a plan: a designated driver, a cab, or a lift. Rights are there to protect responsible citizens, not shield bad decisions,”

7. Rights and responsibility go hand in hand. Every December, the road safety campaign collides with human behavior and fatigue, distraction, speeding, and alcohol abuse remain the leading causes of crashes.

“A lawful roadblock should feel safe, not intimidating. If both motorists and officers understand their roles, everyone gets home safely, which is the whole point of the entire exercise,”

Have a great festive season, drive safe and know your rights.

12/09/2025

We still support the Boks !

04/06/2025

Baie geluk Kim met jou toelating as prokureur ! Ons is dankbaar dat jy besluit het om by ons aan te bly en deel van ons span te word

21/02/2025

Court orders police to pay R800 000 to man without p***s detained for 2 months for r**e.

In 2020, a then-21-year-old man was arrested and detained after being accused of ra**ng an 11-year-old girl through pe**le pe*******on.
However, when the man was 12 years old, he was kidnapped and had his left ear and genitalia cut off.
The man sued police for wrongful arrest and detention, which resulted in the High Court ordering police to pay him R800 000.
A 26-year-old man who had his p***s cut off when he was 12 years old spent almost two months in prison after being falsely accused of ra**ng an 11-year-old girl by pe**le pe*******on in 2020.

Five years later, the man and his family have found some semblance of justice after the KwaZulu-Natal High Court in Pietermaritzburg found that his arrest and detention were unlawful and ordered the minister of police to pay him R800 000.

The man sued the minister and the National Director of Public Prosecutions (NDPP) for wrongful arrest, detention, and malicious prosecution.

According to the judgment, penned by Judge Johnson Mathenjwa, the man, who can't be named to protect his identity, was arrested on 26 March 2020 by police in Ezakheni, Ladysmith, in KwaZulu-Natal on charges of r**e. Police effected the arrest without a warrant.

Four days later, he made his first appearance in the Ezakheni Magistrate's Court. He was incarcerated at the Ladysmith Correctional Facility for 54 days until the prosecutor withdrew the charges against him on 18 May 2020.

The man, who was 21 years old at the time, was accused of ra**ng his minor neighbour.

READ | Police minister ordered to pay almost R1 million for couple's unlawful arrest

In the girl's statement to police, which was attached to court papers, the girl described in detail how the man r**ed her with his p***s and ej******ed.

According to the mother's statement, her daughter had told the same story to her, and she had found her daughter at the man's homestead.

However, it is not physically possible for the man to r**e anyone through pe**le pe*******on.

When the man was 12 years old, he was kidnapped and later found bloodied, with his left ear and genitalia mutilated, lying near a train station in Moroka, Soweto.

According to a medical report, his left ear was removed entirely, and no p***s, te**es, or sc***um could be identified as they had been "completely cut off".

The man's father brought this to the investigating officer's attention during the man's first court appearance.

While the father was not allowed in court because of the Covid-19 restrictions in place at the time, he managed to speak to the investigating officer, armed with the medical report and police statements confirming that a case had been opened after his son had his ge****ls emasculated.

Despite this, the man's detention continued.

Mathenjwa said:

It is clear from the evidence before court that the arresting officer did not investigate the allegations and evaluate the facts at her disposal before putting the plaintiff under arrest and detaining him.
He added: "The investigating officer, who was well informed that it was not possible for the plaintiff to have committed the crime, did not even inform the prosecutor of the evidence presented to her by the plaintiff's father, which showed that it was not possible for the plaintiff to have committed the offence."

Mathenjwa found that the man had been unlawfully arrested and detained.

"The investigating officer's careless use of her arrest authority; failure to confirm whether the plaintiff was capable of committing the offence and provide documentary evidence regarding the plaintiff's physical condition to the prosecutor resulted in the plaintiff's arrest and detention, deprivation of the plaintiff's liberty and him being held in intolerable prison conditions."

The court did not find that the man was subjected to a malicious prosecution.

"The reason for this is that the plaintiff was never prosecuted; rather, the prosecutor dropped the charges against him after learning of his physical state and concluding that he was incapable of committing the alleged act."

The court noted that considering the man did not commit any crime, he did not receive an apology or satisfactory explanation for his arrest and detention following his release from custody.

READ | Justice served: Police minister ordered to pay R170 000 to 2 women after arrest, bribery ordeal

The minister of police and NDPP opposed the court action and filed a plea in which they argued that the man failed to serve a notice of his intention to institute the proceedings and, therefore, it should be dismissed.

They did not deny that the man was arrested by police without a warrant but denied the rest of the allegations. Despite this, the defendants failed to appear in court on the day the matter was heard.

In addition to the R800 000 awarded for general damages, the court also ordered that the minister pay the man's legal costs "given the egregious violation of the plaintiff's rights".

The man's lawyer, Robert van Wyk, said:

We are very happy with the judgment as it was in the best interest of justice and our client.
"We are thankful that our client now can close this horrific chapter of his life and, hopefully, this award can assist in getting his life back on track."

09/09/2024

https://www.facebook.com/share/2Qs4TfjpKRkHMdvb/?mibextid=WC7FNe

These are the smiles of a winning team. Marikana Trial. We brought a Section 174 application after the State closed their case. Today we received judgement...not guilty and discharged. The end of 4 years plus

12/09/2023

Klient is R1,8 Miljoen rand toegeken.

Die Hooggeregshof in Bloemfontein het pas beveel dat die minister van polisie R1.8 miljoen aan ’n Vrystaatse man betaal wat op Nuwejaarsdag 2020 in sy maag geskiet is.

Teboho Hlalele (22) van Bohlokong, Bethlehem, is deur Robert van Wyk van die regsfirma Loubser Van Wyk in Pretoria verteenwoordig.

Hlalele en nog mense het dié dag by ’n taverne, die Kwaziya Lounge, Nuwejaarsdag gevier toe polisielede met skerppuntammunisie op hulle geskiet het.

Hlalele is in sy maag en rug gewond en het na sy oom se huis daar naby gevlug.Hy is na die Phekolong-hospitaal in Bethlehem geneem, maar weens die ernstige aard van sy beserings onmiddellik na die Dihlabeng-streekshospitaal oorgeplaas.
Die koeël wat Hlalele getref het is aan die voor in sy maag in en agter op sy rug uit.

Volgens mediese verslae was die skieter, ’n polisielid, ongeveer drie meter weg van Hlalele toe hy geskiet is.
Hlalele is erg getraumatiseer en sukkel steeds om die gebeure te verwerk.Sielkundige en mediese verslae is ter stawing van sy eis by die hof in gedien.

Hlalele is volgens dié verslae en ’n verklaring van sy ma steeds nie gesond nie en erg getraumatiseer.Hy ly onder meer aan angs en sonder hom af van sy familie en vriende. Hy is angstig, kort van draad en is sedert die gebeure gefrustreerd en depressief omdat hy nie meer die dinge kan doen wat hy voorheen gedoen het nie.Hy kon ook nie sy skoolloopbaan voltooi nie.

Hlalele sukkel met pyne oor sy maag en rug wat veral ondraaglik is, wanneer dit koud is.Hy kry hoofpyne, is by tye duiselig en moet dikwels ’n ruk gaan lê om verligting te ervaar.Hy sukkel ook om te konsentreer en dinge te onthou.

Hy is drie keer geopereer na die skietvoorval. Sy maag het nog nie ten volle herstel nie, hy kry gereeld maagpyn en kan nie sekere kosse eet nie of gaskoeldranke drink nie.Volgens een van die verslae sukkel hy om sy maag te beheer, het hy gedurig rugpyn, kan hy vir lang tye nie staan nie, nie hardloop of spring nie en ook nie swaar voorwerpe optel of dra nie.Hy sukkel ook om trappe te klim en kry gereeld terugblikke en nagmerries oor die voorval.

Hlalele se regspan het R3 282 000 geëis vir algemene skade, verlies aan inkomste en mediese koste.Die hof het R1.8 miljoen toegeken.

Van Wyk en plaaslike prokureur van die Vrystaat Clem Harrington het die saak saam aangepak.Beide die prokureurs is tevrede met die uitspraak maar jammer dat die Suid Afrikaanse reg nie voorsiening maak vir bestrawwende skade ip die algemene skade soos in die buiteland.

Van Wyk se "Ons sal poog om die gesag en reg uit te brei in die toekoms aangesien die tipe voorvalle deesdae algemene gebeurtenis is in Suid Afrika.

26/01/2023

MINSTER OF POLICE AND NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS ORDER TO PAY DAMAGES

In this matter we represented the Plaintiff and sued the Minister of Police and National Director of Public Prosecutions as a result of wrongful arrest, detainment and malicious prosecution.

The Plaintiff was arrested on 13 March 2019 and remanded in custody until 20 March 2019 for a formal bail application following an alleged crime arising in 2013. He was released on bail of R500.00 but prosecuted in the Phuthaditjhaba Magistrate’s Court (Free State) until 19 September 2019 when all charges were withdrawn.

The Court found that there was no prima facie evidence nor DNA linking him to the incident in 2013 and stated “This case is a good example of poor and ineffectual police investigation and a failure by the relevant prosecutor/s to read the docket properly and apply his/her mind to the evidence in the docket. The Investigating officer, as senior police officer, displayed a lack of understanding, or ignorance, of the evidence gathered and particularly whether there were grounds to arrest the Plaintiff in the first place”

As a result of these findings the Court awarded an amount of R250 000.00 in respect of unlawful arrest and detention and a further amount of R150 000.00 in respect of malicious prosecution.