Who has right of way anyway? This is what the law has to say on whether motorists should obey vagrants at traffic lights

Brothers Namanje and Simon Mahlangu, of Mpumalanga, direct traffic at busy intersections in January Masilela Drive daily when there is load shedding. Picture: Jonisayi Maromo/IOL

Brothers Namanje and Simon Mahlangu, of Mpumalanga, direct traffic at busy intersections in January Masilela Drive daily when there is load shedding. Picture: Jonisayi Maromo/IOL

Published Dec 16, 2022

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Durban – When load shedding hits, it's often many vagrants' time to shine. From begging at the intersection, the homeless quickly become rulers of the traffic lights and help ease the congestion at busy intersections. While a help to some, they are seen as a nuisance by others. But is what they are doing legal?

According to a Tshwane Metro Police Department spokesperson, Senior Superintendent Isaac Mahamba, the proliferation of the untrained traffic controllers was a cause for concern as it endangered their lives and must be stopped. He said they were not only putting their own safety at risk but that of motorists as their actions could lead to accidents.

Metro police chief Steve Middleton said it was the responsibility of motorists to treat intersections as four-way stops.

He said it was illegal for vagrants to direct traffic.

Middleton said metro police did not have the capacity to direct traffic at all intersections in the municipality affected by load shedding.

“Where we are advised that these people are illegally directing traffic, then we deploy to those intersections. Currently we prioritise, where we can, the major intersections like South Coast Road and the M7, N2 and M7 and the Phoenix R102 and M41. But going back to the law, it says treat it as a four-way stop,” he said.

Johannesburg Metro Police Department spokesperson, Xolani Fihla urged motorists to report illegal “pointsmen” at intersections.

So will your insurance company pay out if there is a crash as a result of obeying the directions of vagrants at an intersection? According to the head of Auto & General Insurance, Ricardo Coetzee, irrespective of who was directing traffic, motorists had a duty to take the necessary care when driving.

“This means driving responsibly and adhering to the rules of the road as well as the terms and conditions of their insurance contract. If an accident occurs as a result of unofficial traffic directing, clients will be covered. We do, however, urge motorists to be cautious and aware at all times,” he said.

IOL