What the law says about ‘blue light brigades’ in South Africa – and what you should do if they come your way

Video footage showing a group of motorists being assaulted and threatened with weapons by VIP protection service members of Deputy President Paul Mashateile has raised the eyebrows of everyday South Africans and brought to question whether ‘blue light brigades’ are something that should still exist.

The incident took place on the N1 in Johannesburg, involving two blacked-out BMW SUVs that boxed in a civilian vehicle and forced it to stop on the freeway.

While little detail has emerged on why the incident took place, it has since been confirmed that the motorist and passengers attacked by the VIP services are members of the SANDF. Four of the VIP service members have been suspended, with investigations ongoing.

No matter the circumstances surrounding the incident, the behaviour exhibited by the officers involved has been widely condemned.

Vukani Mde, the spokesperson for Mashatile, said that the national commissioner of the SAPS, Fanie Masemola, has promised a thorough investigation of the incident.

Mashatile said he was not in the vehicle at the time of the incident.

The SAPS released a statement on 4 July denouncing the behaviour shown in a video and stating that it does not reflect the department’s values or code of conduct.

Willem Groenewald, the CEO of the Automobile Association (AA), said that issues regarding blue light bridges have existed for years.

“In early 2022, we noted our deep concerns about the so-called Blue Light Brigades and the threat they pose to road users. They are aggressive towards other drivers, often pushing them off the road to ensure their convoy has easy passage – many times through heavy traffic,” said Groenwald.

“We noted then, as we do again here, that anecdotal evidence points to members screaming at other motorists, showing their firearms to other motorists to intimidate them, and generally being belligerent when on the road.”

The legality of blue light brigades

Blue light brigades are allowed to disobey certain road rules within reason.

Section 58(3) of the National Road Traffic Act (NRTA) permits drivers of emergency vehicles, such as traffic officers and duly authorised drivers, as well as a “person appointed in terms of the South African Police Service Act who drives a vehicle in the carrying out of his or her duties” to disregard the directions of a road traffic sign displayed in the prescribed manner.

Regulation 176 of the NRTA further states that drivers on the road are supposed to give an absolute right of way to a vehicle sounding a device or bell or displaying an identification lamp.

Groenwald argues, however, that: “any driver who drives recklessly or is careless about the safety of other users on the road should be held liable for gross negligence where they pose a threat to property or another person whether they are driving a politician, delegate, VIP, or a car fitted with a blue light, just like any other road user.”

What to do

Speaking to ENCA, Stefanie Fick, the executive director of the Organisation Undoing Tax Abuse (Outa) said that assaulting someone on the road and creating danger by standing in the middle of a freeway is not a justification for their duties.

Fick said another issue has arisen where there is a trust deficit between citizens and law enforcement, with people questioning the reason behind fancy BMWs speeding and pushing other road users aside.

“Because we have seen stuff like this, there is a trust deficit. Therefore the question arises, should I move out of their way – are they abusing their power, or are they doing so with a purpose?”

“If you are not protecting the deputy president and there is not an urgent need, it is difficult to fathom what could have happened to act that way.”

Fick said that there needs to be a transparent and public investigation into the incident so that people that abuse power can be held accountable.

“We don’t want to see disciplinary hearings for years, we need to know what happened…Civil society deserves transparency, this is public, and public safety is in play here; that trust deficit is so important for the police to play open cards so we can start working on the trust deficit.”

When it comes to whether or not people should move over on the freeway when a blue light brigade appears behind them, Fick said under normal circumstances, you should do so and not try and take the law into your own hands.

If you suspect foul play, you must report them, said the director.

SOURCE:What the law says about ‘blue light brigades’ in South Africa – and what you should do if they come your way – BusinessTech