Kabous Le Roux19 March 2024 | 5:55

EASTER DRIVE: Is it legal to flash others to warn them about speed traps?

Some traffic authorities try to use 'defeating the ends of justice' to arrest motorists, says Howard Dembovsky (Justice Project).

EASTER DRIVE: Is it legal to flash others to warn them about speed traps?

© snvv7/123rf.com

Have you ever flashed your high beam at oncoming cars to warn them about an upcoming roadblock or speed trap?

If traffic cops see you doing so, do they have the right to pull you over to hand you a fine?

Kieno Kammies interviewed (on 24 February 2020, we grabbed this from our archives ahead of Easter Weekend) Howard Dembovsky, National Chairman at Justice Project South Africa.

"I spoke to the then operations director for Johannesburg Metro, David Tembe, and he said it’s totally acceptable to warn people of cameras ahead of you," said Kammies.

But, is he right?

“Flashing your lights at oncoming motorists to warn them of a speed trap ahead… is not specifically illegal. Although traffic authorities have in the past arrested people… bringing charges of defeating the ends of justice…”
- Howard Dembovsky, National Chairman - Justice Project South Africa
“There’s a Supreme Court judgment that categorically states that it does not amount to defeating the ends of justice… Those law enforcement authorities [using ‘defeating the ends of justice’ as justification] … have found themselves getting sued for unlawful arrest…”
- Howard Dembovsky, National Chairman - Justice Project South Africa

Scroll up to the audio player to listen to the interview.