PROJECT: HIGH COURT CONFIRMS THAT YOU MAY LEGALLY RECORD SAPS OFFICERS IN PUBLIC
- Isabel Spies
- 3 days ago
- 5 min read
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In 2025, the Johannesburg High Court delivered a landmark judgment confirming that South African citizens have a constitutionally protected right to record South African Police Service (SAPS) and municipal/metro police officers in public.
The ruling in Jacobs v Minister of Police and Others (2025) established the following legal protections:
RECORDING IS LAWFUL:
Recording or photographing police officers performing their duties in public is not a criminal offence.
NO CONSENT REQUIRED:
Under the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA), individuals do not need an officer's consent to record interactions they are a party to.
QUESTIONING IS NOT INTERFERENCE:
The court clarified that questioning an officer's conduct or demanding explanations does not constitute "interference" with their duties.
NO UNLAWFUL SEIZURE:
Officers may not seize, damage, or delete footage from a device simply because it was used to record them.
PRIVACY LIMITS:
Police officers cannot claim a right to privacy under the Protection of Personal Information Act (POPIA) while performing public duties.
CASE BACKGROUND: MR. SHAUN JACOBS
The judgment followed the 2019 unlawful arrest of attorney Shaun Jacobs, who was detained for 26 hours for filming a roadblock that blocked his driveway.
The court awarded him R250,000.00 in damages, split between the Minister of Police and the Ekurhuleni Metropolitan Police Department.
KEY LIMITATIONS:
While recording is a legal right, there are specific legal boundaries to observe:
NO OBSTRUCTION:
You may not physically hinder officers or interfere with a crime scene.
SAFETY INSTRUCTIONS:
You must still comply with lawful safety instructions, such as stepping back from a dangerous area.
SENSITIVE LOCATIONS:
Restrictions may still apply to recording inside police stations, cells, or near National Key Points for security reasons.
WHAT THE LAW SAYS:
High Court judgments and constitutional interpretation have confirmed that police officers performing official duties in public do not enjoy the same expectation of privacy as private individuals.
As a result, members of the public may lawfully record:
Police stops and searches conducted in public.
Arrests taking place in public spaces.
Roadblocks and traffic enforcement.
Police interactions with members of the public.
Recording, by itself, does not constitute a criminal offence and cannot lawfully justify arrest,
detention or confiscation of recording devices.
IMPORTANT LIMITS STILL APPLY:
Courts have made it clear that the right to record is not unlimited.
Members of the public may not:
Obstruct or interfere with police operations.
Physically impede officers.
Disobey lawful instructions.
Endanger themselves, officers or others.
Disrupt public order.
The act of filming must remain passive.
Once recording crosses into obstruction or interference, police are legally entitled to intervene.
WHY THIS LEGAL POSITION MATTERS:
The clarification follows repeated incidents where civilians, journalists and bystanders have reported being told to stop filming or having devices seized during public police operations.
Civil rights organisations argue that recording plays an important role in protecting both citizens and officers by creating an objective record of events.
Courts have recognised that public recording can:
Deter misconduct.
Protect officers from false allegations.
Improve transparency.
Strengthen accountability.
This approach aligns South African law with international democratic norms regarding public oversight of law enforcement.
WHAT POLICE OFFICERS ARE STILL ALLOWED TO DO:
The legal position does not prevent police from acting when filming becomes unlawful in practice.
Officers may intervene if a person filming:
Blocks a crime scene.
Refuses lawful instructions.
Threatens officer safety.
Incites disorder or violence.
However, officers may not order someone to stop filming solely because the recording is inconvenient or uncomfortable.
IMPLICATIONS FOR EVERYDAY SOUTH AFRICANS:
For motorists, bystanders and journalists, the legal position offers clarity and protection.
South Africans may lawfully record police activity in public settings such as:
Traffic stops.
Roadblocks.
Public protests.
Arrest scenes.
Policing activities in open public areas.
Legal experts advise members of the public to remain calm, respectful and at a safe distance when recording.
RESPONSE FROM CIVIL SOCIETY:
Civil liberties organisations have welcomed the courts’ consistent stance, describing it as an important safeguard for constitutional rights and open justice.
They argue that video evidence has become a key tool in ensuring accountability and resolving disputes about what occurred during police interactions.
The legal position reinforces the principle that public officials exercising public power remain subject to public scrutiny.
WHAT HAPPENS NEXT:
Legal analysts expect this position to continue influencing police training, operational guidance and misconduct investigations.
Video evidence is increasingly relevant in disciplinary and criminal proceedings involving police conduct.
While each case will still depend on its facts, the courts have made it clear that lawful public recording is protected under South African law.
WHY THIS CLARIFICATION IS IMPORTANT:
In a society where trust in law enforcement is a critical issue, transparency plays a vital role.
South African law confirms that constitutional rights do not disappear during police interactions in public spaces.
Accountability and lawful oversight remain fundamental to democratic policing.
Source: Constitution of the Republic of South Africa, Sections 16 and 32
National Police Commissioner General Fannie Masemola has since issued a directive to SAPS members confirming these rights to ensure officers do not unlawfully arrest citizens for filming.
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