05/08/2025
" Is Filming Police Officer a Crime?
High confirms South Africans Have the Right to Film and Question Police Officers when arresting them. 250k awarded for unlawful arrest and detention.
[The Jacobs Judgement]
Shaun Jacobs, an attorney from Gauteng, has been awarded R250,000 in damages after the High Court found that his arrest and overnight detention by metro police were unlawful. The incident began in March 2019 when Jacobs returned home to find a metro police roadblock set up directly in front of his driveway. After asking the officers if they could relocate slightly and filming the setup on his phone, Jacobs was suddenly handcuffed and arrested without clear justification.
He was taken to Edenvale Police Station and held for 26 hours under degrading conditions—no clean water, poor sanitation, and no bedding. While others arrested that evening were released on bail, Jacobs was told he would remain in custody, despite being well-known, cooperative, and having a fixed address. The charges brought against him were - crimen injuria and interfering with police work, which later dropped.
The High Court found that Jacobs had broken no law. Recording police in a public space and asking them questions about their actions are not criminal offences. In fact, the court made it clear: citizens have a right to hold law enforcement accountable through both questions and documentation i.e. recording the incident. Judge Twala stressed that this kind of engagement is not interference or a punishable offence in relation to the legal prescripts of South Africa. He emphasised that such actions rather amounted to legitimate and protected aspects of democratic life.
The court ruled that Jacobs had not committed any crime at the time of arrest and that simply recording the police or questioning their conduct does not amount to interference. In fact, Judge Twala remarked that asking questions of law enforcement is a basic part of democracy and not a punishable offence. The court also found that the SAPS had unlawfully continued the detention and should have released him once they were aware that the arrest had no proper legal basis.
Although Jacobs also sued for defamation, the court dismissed that claim, finding that police officers may lay charges without it automatically being defamatory. However, both the metro police and the Minister of Police were held responsible for his unlawful arrest and detention, and ordered to compensate him and cover legal costs.
This case serves as an important reminder that our constitutional rights are not optional. The right to dignity, to liberty, and to challenge authority when necessary is fundamental to a just society. It also reinforces that public officials, including police, are accountable for their actions, and that unlawful arrest and detention—no matter how brief—carry real consequences. In a time when many feel powerless in the face of authority, Jacobs’ case proves that the courts remain a vital check on abuse and a place where justice can still be found.
What makes this case especially important is, it's a clear message to both the public and the police: you are allowed to ask questions. You are allowed to record what public servants are doing, especially when it happens on your doorstep or in a public space. The ability to do so is not just a matter of curiosity or complaint—it’s a constitutional safeguard against abuse of power.
At it's core, this case is about accountability and basic freedoms. In a time when many South Africans feel unheard or intimidated in the face of state power, the court has reminded us that respectful questioning is not a threat—it’s a right. Filming public officials and demanding transparency isn’t interference—it’s responsible citizenship. This judgment strengthens the public’s position and confirms that no one, not even the police, is above the law.
BIBLIOGRAPHY
Case law
Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC 722 (12 June 2025
Written by: Babalo Jiza (Director - Jiza Tyokolo & Associates Inc.)
Vetted by: Thabisa Tyokolo (Director - Jiza Tyokolo & Associates Inc.)
Legal Article: Civil Litigation
Date: 05 August 2025
Judgment details: Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC 722 (12 June 2025)
