National Police Commissioner General Fannie Masemola has informed SA Police Service (SAPS) members that there is no prohibition preventing any person from recording or photographing officers while on duty or executing their duties.

Masemola noted that police officers seem uncertain about how to react when a member of the public photographs or records a police official in public.

“There is no prohibition that prevents a private person from recording a member while the member is on duty or exercising any power or duty as a police official in public,” he explained in a letter dated August 12, 2025, to acting Hawks head Lieutenant-General Siphesihle Nkosi, all deputy national, provincial, divisional, district commissioners, and all heads and section heads, among others.

The top cop warned that arrest under these circumstances will be unlawful.

Masemola said cases of people arrested for recording a police officer or taking a photograph must be dealt with circumspection and unless an offence has been committed, justifying the registration of a case docket and the alleged offence is of a serious nature that requires detention, a case may not be registered and the person must be immediately released and an entry made in the occurrence book.

He added that a commander must be satisfied that there is prima facie evidence that the elements of an offence are present before accepting an arrested person and processing him or her for detention in the SAPS’s custody.

In June, Gauteng High Court, Johannesburg, Judge Mpostoli Twala ordered suspended Police Minister Senzo Mchunu and the Ekurhuleni Metropolitan Police Department to each pay R100,000 and R150,000, respectively, for the unlawful arrest and detention of attorney Shaun Jacobs for taking a video of a roadblock on a public road in front of the driveway to his house in March 2019.

Jacobs had complained about the unreasonableness and disturbance caused by the roadblock and approached the officers and asked them to relocate it to a vacant land not far from his house but was ignored.

When Jacobs asked for their details, an officer identified as Koahela George became aggressive, pushed him with both his hands on his chest, and told him to get into his house, threatening him with arrest.

He then fetched his cellphone from his house to record the roadblock to lay a complaint with the authorities on how it was set up in front of his house.

Despite not being rude or aggressive towards the officers, when they saw him recording a video of the scene and especially the vehicle, George pounced on him and arrested him without explaining his rights and what he was arrested for.

He was detained for 26 hours, which the court deemed unjustified and unlawful.

To make matters worse, Jacobs and his attorney attended mediation where the prosecutor told them if there was a payment of R20,000, the matter will go as it is a serious matter similar to the infamous Vicky Momberg racism case and the resultant three-year imprisonment sentence.

He refused and made representations, attaching the video and the prosecutor withdrew the charges.

Masemola does not make reference to Jacobs’ judgment but states that “a person is not committing an offence, albeit interference with a member, defeating or obstructing the course of justice or any other offence, merely because he or she is recording the conduct of a police official”.

He added that the device used by a person to make such recording or to take a photograph may not be seized, damaged or destroyed merely because a recording was made or a photograph was taken of an SAPS member.

In addition, according to Masemola, recording or photographing SAPS members does not constitute a contravention of the Protection of Personal Information Act and police officers cannot rely on their right to privacy to protect their identities or conduct as SAPS members.

Masemola said police officers must exercise proper control over crime scenes and protect the privacy of victims of crimes, including deceased persons.

“Where a person interferes with a crime scene or hinders a member in the execution of his or her duties at a crime scene, the person must, as far as possible, be warned to refrain from continuing with the conduct before arrest is considered,” he explained.

If after the warning a person continues to interfere with the crime scene, arrest may be considered and a case docket be opened at a police station.

However, Masemola states that the recording or taking of photographs while a person is outside the cordoned off area of a crime scene does not constitute defeating or obstructing the course of justice or interfering with a member in the execution of his or her duties.

Persons recording or taking photographs at police stations may compromise the privacy of persons inside such as witnesses and victims of crime as well as security measures.

“Police stations are increasingly being targeted by criminals. A recording or photograph may compromise the security of a police station by exposing security measures and any shortcomings thereof, especially if shared on public platforms.

“This increases the risk of harm to every person at a (police) station, including members of the public. Persons who are making such recordings must be requested to refrain from doing so,” explained Masemola.

National police spokesperson Brigadier Athlenda Mathe said Masemola’s letter only applied to the SAPS.

loyiso.sidimba@inl.co.za

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