The spread of foot-and-mouth disease (FMD) and the lack of roadblocks or control points to monitor animal movement may tempt farmers to take matters into their own hands. It is important that everyone familiarises themselves with the laws governing such actions.

By Alani Janeke, senior journalist at African Farming and Landbouweekblad

According to current legislation, no person other than a member of the police or traffic authorities may stop or search another person or vehicle on a public road. Anyone doing so risks prosecution and a fine or imprisonment, or both.

African Farming spoke to Isabel Kruger, livestock theft safety representative at Free State Agriculture (FSA), about what farmers may and may not do in this regard. She answered three key questions.

Also read: FMD | KZN farmers set up their own control points (and more to follow)

1. Do farmers have the right to stop people on public roads?

It is important that farmers and other stakeholders in the agricultural sector understand the laws that apply to maintaining rural safety. The first distinction to make is between public and private roads.

Legislation states that no private person may stop or search another person on a public road. A public road is defined as any road, street, passage or place that:

(a) is generally used by the public or a section of the public; or
(b) to which the public or a section of the public has a right of access, including:
- (i) the verge or side of such a road, street or passage;
- (ii) any bridge, pont or low-water crossing that forms part of or connects to such a road; and
- (iii) any other structure or feature forming part of, or connected to, that road.
  This definition also includes roads within residential estates or other areas with controlled access.

The National Road Traffic Act (Act 93 of 1996), along with provincial road ordinances, gives local authorities the responsibility to ensure public access to roads. If anyone other than traffic or police officers – the only authorities legally permitted to stop vehicles on public roads – attempts to do so, it constitutes a legal offence.

No person may erect any kind of obstacle, gate or barrier on a public road that restricts free traffic movement. On private property, however, farmers may erect barriers or control access as they see fit.

Erecting barriers on a public road without the involvement of police or traffic officials is a criminal offence punishable by a fine, imprisonment or both.

Farmers should also note that civil claims could be brought against anyone responsible for unlawful actions. If someone is injured or an accident occurs due to an unauthorised roadblock, and the person responsible acted outside the law, insurance will not cover the claim.

Also read: Western Cape rallies to contain foot-and-mouth disease (FMD), sets up roadblocks

2. Can vehicles be stopped during “blue light/white light” operations?

Such operations may take place in collaboration with the police. The police establish a joint operational centre to monitor activities. If a suspicious vehicle is identified, the police must be informed – they will then stop and search the vehicle or handle any arrests if necessary.

The Criminal Procedure Act (Act 51 of 1977) allows for citizen’s arrests under certain conditions. According to Section 42(1)(a), a private person may, without a warrant, arrest someone who:

commits or attempts to commit an offence (as listed in Schedule 1) in their presence, or
is reasonably suspected of having committed such an offence.

For rural security purposes, this includes offences relevant to livestock theft, such as:

robbery,
assault causing serious injury,
arson,
burglary or trespassing with intent to commit a crime,
theft (including stock theft), and
receiving property known to be stolen.

If a farmer suspects that stolen livestock is being transported in a vehicle on a public road, they may not stop or search the vehicle. They should notify the police immediately.

A police officer may, however, instruct a private person – including a farmer – to stop a vehicle. Such instructions must be recorded in an incident report register or occurrence book, with full details of both the officer and the private individual(s) involved.

3. May farmers set up their own roadblocks?

No. Farmers have no legal authority to set up any form of roadblock on a public road.

If farmers believe that local authorities are not doing enough to prevent the spread of foot-and-mouth disease, any roadblock they wish to organise must be carried out in collaboration with the police.

Farmers may, however, implement biosecurity measures such as access control or barriers on their own land and private roads to help prevent disease transmission.