In a recent ruling by the Johannesburg High Court – Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC 722 (12 June 2025) – South Africans’ legal right to film and question police officers has been affirmed. The case brought much-needed clarity on the everyday interactions between citizens and law enforcement, confirming that recording the police is not an offence.

The Jacobs ruling

The facts of the case highlight a recent encounter where attorney Mr Jacobs arrived home after work only to find his driveway blocked by a police roadblock. After politely requesting that the officers move the roadblock to nearby vacant land, they simply ignored him. Jacobs then began filming the scene, causing the officers to become aggressive, and eventually, they arrested him without cause. The court later declared the arrest unlawful and awarded Jacobs R250,000 in damages.

Your right to record

South African law supports a citizen’s right to record their interactions with others. The Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA) clearly states that if you are a party to a conversation or incident, you may record it, whether audio or video, without needing consent from the other party.

This protection applies equally when dealing with police officers. If you are questioned, stopped at a roadblock, or approached in another context, you are legally entitled to record the encounter. These recordings can serve as valuable evidence in disputes about police conduct.

Police conduct and citizen oversight

Under the Criminal Procedure Act 51 of 1977 and the National Road Traffic Act 93 of 1996, police officers may question individuals or conduct searches if they suspect a crime has been committed. In such circumstances, you are entitled to make reasonable inquiries about the basis of the search and the nature of the suspicion. The Jacobs’ ruling confirmed that asking these questions does not amount to interfering with police duties. You are within your rights to request clarity, and you may also record both your questions and the officers’ answers. However, the filming of law enforcement must not obstruct their operations, as this may be an offence.

If you later believe a search, seizure, or arrest was unlawful, you have the right to challenge it in court. The recording you made can be powerful evidence to support your case. The Jacobs matter itself illustrates how an unlawful arrest can result in significant damages for the victim.

The Jacobs ruling is a victory for transparency and citizen empowerment. It confirms that recording the police is not a criminal act but a lawful exercise of your rights. More importantly, it reaffirms the principle that public power must always be exercised within the boundaries of the law. South Africans now have clear judicial confirmation: you may film, you may ask, and you may hold law enforcement accountable.

 

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