The festive season is upon us and after a very turbulent two years of pandemics, lockdowns, international and interprovincial travel bans and all the economic difficulties to go with them, no one can be blamed for wanting to hit the open road and “let their hair down” at their favourite holiday destinations. This article serves as a warning to all those who are travelling in a more “festive mood” over the holidays than what our laws allow.

ROADBLOCKS – roadblocks when performed correctly are an effective way to pick out the lawbreakers from the law-abiders. The Constitution provides for supplementary restrictions on the legality of roadblocks (that fall under the wide definition of Search and Seizures). Our Constitution sets standards by which officials conducting roadblocks must abide by.

The Constitution specifically guards the right not to be searched or have your home searched unnecessarily, as this may result in the violation of an individual’s right to privacy.

Section 36 of our Constitution provides that your right to privacy may be limited for example in instances where limitations on your Constitutional rights are reasonable and the only way in which enforcement of the law can be attained. The Criminal Procedure Act for example has as its main purpose to combat crime.

Section 13(6) of the Police Service Act states that a police officer is allowed to search (without having to apply for a search warrant) any person, building, other types of property, vehicle, vessel or airplane or any container, and to lawfully seize and take possession of any item that is found. The reason for such a procedure is to enable and empower law enforcement officials to govern illegal movement of persons or property crossing the borders of South Africa.

The Police Service Act allows the National and / or Provincial Commissioner to sanction a police official in writing to conduct a roadblock(s) or checkpoint(s) on any public road in any area.

A police or law enforcement official who is authorized to set up such a roadblock or checkpoint, may conduct a search (without having to apply for a warrant) on any individual or motor vehicle that has been stopped or any container or attached items to such a motor vehicle and seize items found to be illegal, also without a warrant.

The law enforcement official conducting proceedings at such roadblock is compelled under law and on demand of any individual who feels their right had been compromised, to produce a copy of the above-mentioned written authorization. The process and fairness, in cases where individuals had been arrested at roadblocks, have been tested in South African courts (Sithonga v Minister of Safety and Security). The reason for a roadblock must always be reasonable.

“DON’T TALK TO ME, TALK TO MY LAWYER”

Many people make the mistake of thinking that “playing open cards” at a roadblock will solicit compassionate treatment from the respective law enforcement officials. This is not the case at all, as the law enforcement officer has a duty to and is compelled to enforce the law.

Rather keep quiet. The right to silence is guaranteed by the Constitution and gives arrested/detained persons the right not to be forced to make possibly self-incriminating admissions that could be used against them in court. It must be noted here that although arrested and detained individuals have the right to remain silent, they are legally required to provide their names and addresses.

My message in short would be to stay safe, be responsible, be educated and lastly be respectful to law enforcement over the festive season. Their hard work during these busy times saves countless lives and ensures public order and safety.

Article by Patrick Vosloo, Associate (LLB, LLm). For more information, contact Patrick on patrick@rgprok.com or 071 786 6046.

www.rgprok.com

Drinking and driving – high alert:

We hereby encourage you to please ensure your guests are made aware of the consequences of drunk driving.

The traffic departments are on high alert during the festive season, and we have already seen many road blocks all over our area.

Please make sure you warn all guests that there will be serious consequences.

We now have many taxi services available and this can be booked in advance if required.

Please also keep curfew in mind, as the taxis can’t be on the road after midnight. Please check the price with the taxi in advance to avoid any payment/amount issues.

I believe they only accept cash, so please make guests aware of that too.

Taxi contact details:

Please see below contact details for Taxi Services.

Perhaps our restaurant and pup owners can have these numbers printed and available for guests to view

If you know of any other numbers I can add to the list, please let me know.

Boeber Taxi Services

078 120 0318

Christiaan Barnard (Travel-ibiki)

+27 82 307 7761 Cell

+27 81 585 3383  WhatsApp

Designated Dan (attached advert)

082 928 6142

Taxi Mossel Bay

082 932 5809

The Hot Summer of Touch (HSOT) has scored another season on the sunny south coast of the Western Cape with its 2021 series. Kicking off last week in the Strand, this touch rugby series saw a remarkable game on Sunday, 12 December at Camps Bay, with players completely blindsided by the tides.

When organising a touch rugby tournament, especially one of this size, very little is left to chance. Three days before the big Camps Bay match, the resident surf crew and tournament MC, Deon Bing, accompanied the event organiser, Grahame Bobrow, on a recce of the beach to mark off the playing arena.

Arenas are chosen where tides won’t interfere with the play, and all Covid-19 protocols are put into place for the big day. Counting on Sunday’s 10:37am high tide, the flat sea and protective sand dune, there was scant cause for concern.

“We couldn’t have wished for a more perfect Mother City day – not a breath of wind, and overcast conditions throughout – perfect for players and spectators alike,” said Bobrow.

But players were in for a surprise. At around 9:15, shortly after the game had started, huge waves started breaching the bank and flooding the arena. “We couldn’t believe it when the first swell of the summer season coincided with our Camps Bay event. Eight-foot waves started rolling into the bay, literally crashing onto the field.”

This remarkable situation put a completely different spin on the game. “In a short time, three courts were overrun with seawater. Players were wading through water at almost waist level,” Bobrow said. 

“This served as a major leveller, as teams with lots of pace couldn’t display their speed, and it became a game of skill. The water slowed everyone down, but not one of the teams said they couldn’t play. Conditions were equal because they swapped sides half time.”

Bobrow lauds these quality players for pulling out all the stops and for keeping up fitness levels throughout the two years of tough COVID-19 restrictions.

“If anything, people are keener to play with enhanced skills levels. It’s a true testament to the dedication of coaches and managers during downtime. Behind the scenes, our juniors receive a lot of support, we transport them to the field, and make sure they keep fit. We were so impressed by how they took on the challenge. Everyone involved deserves a shout-out for their dedication to the development of the sport.”

For the Camps Bay game, 35 teams registered in this very controlled, well organised COVID-19-safe event, and HSOT commends the City of Cape Town for its support, as well as Mossel Bay Tourism for their beach presence during the game.

In the Premier final, Liberty Webb Samurais beat Score Forward Legends 5/1, the Cup final saw Bo-Kaap Boys beat Liberty Webb Touchies 2/1 and the Future Warriors from Struisbaai beat WOTR 2/1 in the Plate final.

HSOT is now heading to Kleinmond on the 16th of December, Struisbaai on the 19th and, then as they say in the classics, all roads lead to the stomping grounds of the main sponsor – make your Great Escape to Mossel Bay on the 27th  (Diaz Beach) and the 29th  (Hartenbos) to see the final few teams go head-to-head.

Teams can enter online at www.touchrugby.co.za. If the day’s full contingent has not been filled, late entries may be permitted on the morning of each event (7:15 – 8:45am). Call or WhatsApp the HSOT Hotline on 062 770 6818 with queries.