Latest news with #ShaunJacobs
The Herald
08-08-2025
- The Herald
Judgment permitting filming police in public key to accountability: legal expert
The recent court judgment which stated filming police in a public place is not a crime underlines the role of the public in holding police accountable and that exercising oversight is lawful and protected. This is the comment by a director of law firm Fluxmans, Myron Mer, after a judgment by the Johannesburg high court in a case brought by attorney Shaun Jacobs who succeeded in his application for damages for unlawful arrest and detention. In March 2019, Jacobs came home from work one evening to find a police roadblock set up outside his property in Kempton Park. He went inside, put his things down, picked up his phone and walked back out, not onto the street but to the boundary of his garden and began recording what was going on. He was not rude or aggressive towards the officers but when they saw he was recording a video of the scene, and especially their vehicle, one of the officers pounced on him and arrested him without explaining his rights and what he was arrested for. He spent more than 24 hours in detention. Jacobs took the matter to court, suing the minister of police and the Ekurhuleni metro police, arguing his arrest was unlawful and violated his constitutional rights. Judge Mpostoli Twala agreed, finding the arrest and detention unlawful. The court awarded Jacobs R250,000 in damages, R100,000 for the unlawful detention and R150,000 for unlawful arrest. Mer said the compensation was not the main takeaway in this judgment. 'The ruling sends a broader and significant message, namely ordinary South Africans, not just accredited journalists, have the right to question police conduct and to record it. However, and importantly, as long as they are not physically obstructing operations,' Mer said. In his judgment Twala said citizens were entitled to ask questions and entitled to explanations from law enforcement officers in respect of their conduct. 'That cannot be regarded as interference with the execution of their lawful duties,' Twala said. Mer said civil rights advocate Mukhethwa Dzhugudzha called it 'a vital safeguard for the public', pointing out that the right to record was part of a bigger picture, in particular freedom of expression under section 16 of the constitution. The ruling came as public trust in law enforcement is strained. 'The Independent Police Investigative Directorate has received hundreds of complaints in recent years about excessive force, unlawful arrests and abuse of power. 'Against that backdrop, the judgment underlines the role of the public in holding police accountable and confirms that exercising that oversight is a lawful and constitutionally protected act,' Mer said. However, the police can stop a member of the public if they physically block them from doing their job. 'But quietly recording from a safe and lawful position, that's not a crime.' Mer said while the case brought personal vindication for Jacobs, for the rest of the country it was a reminder that rights do not vanish when confronted with a badge and a uniform. TimesLIVE
The Citizen
07-08-2025
- The Citizen
High Court ruling affirms citizens' right to question police without fear of arrest
The Johannesburg High Court has ruled that South African citizens have the right to question and record police officers without being arrested or intimidated. This judgment followed a case brought by attorney Shaun Jacobs, who was unlawfully arrested during a police roadblock outside his home. Read more: Police boss plans to take back Johannesburg Jacobs approached officers at the scene to ask that the roadblock be moved due to the disturbance it was causing in the residential area. After his request was disregarded, he began recording the scene with his cell phone, a move that led to his arrest. Despite remaining calm and respectful throughout, Jacobs was detained overnight in harsh conditions. According to a document from the Southern African Legal Information Institute, Jacobs was handcuffed, taken away without any explanation, and later falsely accused of being aggressive and intoxicated, however, video evidence submitted to the court clearly showed Jacobs peacefully filming the police, and testimony from his wife confirmed his composed and sober demeanour. The judge who presided over the case dismissed the claims made by the arresting officer, and ruled that Jacobs' conduct in recording and questioning the police did not amount to any form of criminal offence or interference with police work. 'Citizens are entitled to ask questions and are entitled to explanations from the law enforcement officers in respect of their conduct. That cannot be regarded as interference with the execution of their lawful duties.' The court found the arrest, and subsequent 26-hour detention, unlawful. Jacobs was awarded R250 000 in damages, R100 000 from the minister of police for unlawful detention, and R150 000 from the metro police for the unlawful arrest. Legal experts have hailed the ruling as a crucial precedent that upholds the values of freedom, dignity, and accountability enshrined in South Africa's constitution. This ruling comes at a time of heightened public concern around police misconduct. Fourways Review reached out to police spokesperson Brigadier Athlenda Mathe, who indicated she would consult their legal team, and to Captain Mavela Masondo on August 4. Despite multiple follow-ups to both, no response was provided to the questions below, sent for further insight. The Johannesburg High Court recently ruled that citizens have the right to question and record police without fear of arrest. Is SAPS aware of this judgment, and what is the department's reaction to the ruling? In light of this case, where an attorney was awarded R250 000 after being wrongfully arrested for filming a roadblock, how does SAPS plan to ensure officers understand and respect the public's constitutional rights in similar situations? How does SAPS feel about the court's message, that asking questions or demanding explanations is not considered interference with police work? Does the service view this ruling as a need to relook at internal training or conduct at roadblocks? Follow us on our Whatsapp channel, Facebook, X, Instagram and TikTok for the latest updates and inspiration!
