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SA traffic video: Can you be arrested for being 'rude'?

Cape Town - Johannesburg driver Clive Naidoo uploaded a video of a metro police officer who pulled him over.

Naidoo said he was mistreated by the officer and said that he was first assisted by a "polite" policewoman before a second officer barged in and said: "You got four eyes, can’t you see you shot the robot?"

The video is a viral sensation and sparked huge debate on social media

ARRIVE ALIVE RESPONDS

Can you film a police officer? Can an officer arrest you for being rude? Advocate Johan Jonck, editor of Arrive Alive, answers these questions and more:

W24: In the video, many readers criticised Naidoo's attitude. Can an officer arrest you for being 'rude'?

Arrive Alive: No you cannot be arrested for being rude. If however your rudeness escalates to verbally abusing an officer, you will be committing a crime in the form of criminen injuria - the intentional and unlawful infringement of the dignity of the officer. You could be arrested. An example would be the use of obscene and/or racially offensive language or gestures.

If you obstruct the officer from performing his or her duties it will considered criminal.

Watch: Good cop, bad cop: SA traffic video goes viral

W24: Can you film a police officer? Can an officer seize your camera/smartphone?

Arrive Alive: Yes, you can film a traffic officer. The Right to Know campaign has excellent material regarding the legalities of filming officers in South Africa.

SAPS standing Order 156:

   • An officer cannot stop you from taking a photo or video.

   • An officer cannot seize/damage your equipment. An officer cannot force you to delete footage.

Click on the tweet below for a more in-depth view of your rights with regards to filming officers.


Share your traffic officer experiences on Twitter, Facebook or email Wheels24!

W24: What are the rights of a traffic officer? Can an officer search your vehicle?



Jonck adds: "No article would however be complete if we don't emphasise that kindness and respect is the correct attitude to have. If you commit a crime, break the rules of the road, you need to face the consequences. We need our traffic officers to penalise and punish reckless drivers who endanger the lives of our loved ones on the road. Let us be respectful to one another. Remain calm and cooperate."

Use the correct channels to report officers who are disrespectful and break the law:

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