Civilians can now film police without fear of arrest
A historic ruling has strengthened the rights of civilians in their interactions with police officers. The High Court of Johannesburg has decided that civilians are allowed to question and record videos of police officers without fear of arrest.
This follows the unlawful arrest of an attorney known as Jacobs for recording a video of a stop near his house.
According to court documents, Jacobs stated that he returned home from work around 8pm on March 1, 2019, to find that police had set up a roadblock in front of his gate. However, he was permitted to drive into his yard.
Jacobs then went inside his house and chatted with his wife about the disruption produced by the roadblock before approaching the police to see if they would be willing to shift it to oppose the unoccupied ground near his house.
“The officers just ignored him. When he asked for their details, the third respondent became aggressive, pushed him with both his hands on his chest and told him to get into his house, otherwise he would arrest him.
“He went to his house and fetched his cellphone. His primary intention was to photograph or take a video of the roadblock… When they saw that he was recording a video of the scene and especially the vehicle, they arrested him without explaining his rights and what he was arrested for,” read the documents.
The court declared the arrest unconstitutional and granted Jacobs R250,000 in compensation.
Activist Mukhethwa Dzhugudzha called the ruling a big win for accountability when it comes to law enforcement.
“It protects the public, reinforces constitutional values such as the right to freedom of expression,” he said. “Section 16 of the Constitution applies whether you’re a journalist or just someone with a phone. Camera don’t just record violence; they can prevent it.”
Dzhugudzha added that people act differently when they know that they are being recorded. “This is crucial for communities that experience harassment, especially with the growing number of vigilantes.”
IOL News