Latest news with #publicoversight
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
CBS News
09-05-2025
- Business
- CBS News
Minnesota Senate advances bill establishing a new Office of Inspector General in wake of high-profile fraud scandals
A look at plans for a new Office of Inspector General in Minnesota A look at plans for a new Office of Inspector General in Minnesota A look at plans for a new Office of Inspector General in Minnesota A proposal to establish a new state government watchdog designed to fight fraud in public programs sailed through the Minnesota Senate on Thursday. On a 60-7 vote, lawmakers approved establishing a new Office of Inspector General, an independent agency charged with investigating state agencies and private organizations that receive taxpayer money. The measure comes two-and-a-half years after federal prosecutors first announced the Feeding Our Future scheme, which they declared the "largest pandemic fraud in the United States." Since then, two dozen people have been convicted for their role in stealing money intended to support feeding hungry children. Republicans and Democrats alike who worked on the legislation said they hope the new role will prevent theft of public funds in the future. "In a year where we are scrutinizing every dollar, let's remember that fraud is expensive. Oversight is cheaper than scandal," said Sen. Heather Gustafson, DFL-Vadnais Heights. "This bill is about prevention, accountability and protecting the public good." The inspector general would be barred from engaging in partisan or campaign work while in office and the bill grants the position subpoena power. A bipartisan selection commission of lawmakers would vet candidates and make recommendations to the governor to choose, subject to a two-thirds vote in the Senate. The office would also have a phone line and website for Minnesotans to anonymously report tips of fraud. As lawmakers look at spending cuts to stave off a $6 billion deficit in the future, this bill asks for $8.9 million in investment to get the agency off the ground and support its staff. "It's really a rather modest startup cost to get it off the ground and the savings and the opportunity to clamp down on fraud, I think it'll pay for itself many, many, many times over," said Sen. Michael Kruen, R-Blaine, who worked alongside Gustafson to advance it. Seven Democrats voted against the measure. Some expressed concern that the jurisdiction of the office could endanger federal Medicaid funding. An amendment added on the floor made clear some provisions of the law would be subject to approval by The Centers for Medicare & Medicaid Services. "This bill, although it's a great front page of a newspaper article, is not ready for prime time," said Sen. John Hoffman, DFL-Champlin. DFL Gov. Tim Walz earlier this year pitched his own anti-fraud package but notably didn't call for a similar independent agency. When asked Thursday if he supports the proposals in the Legislature, he said he is open to it, but stopped short of endorsing the plan. "I'm not sure that that is the most efficient use of the resources to do it, but if the legislature can come to some type of conclusion, I said, I'm certainly open to it because I think I, amongst everyone else, the theft of public funds needs to be a top priority. It needs to be prosecuted," he said. "I'm just not convinced among the experts that it is the most efficient way to get to what we're trying to get at." The House has a slightly different approach for creating a new inspector general's office, though that bill has not yet cleared the chamber yet. There has been work behind the scenes in the meantime: Lawmakers said they have been meeting weekly on a bipartisan, bicameral meeting to fine tune the details and prime it for end-of-session negotiations. "This has evolved into a bipartisan working group where we've essentially been doing conference committees for months over at the Senate every Tuesday," said Rep. Patti Anderson, R-Dellwood, at a news conference earlier this week. The session must end May 19 or lawmakers will go into overtime to pass the next two-year budget.
