The High Court has now spelled it out in black and white; if you’re in a public place, you can film the police. What is more, they have no right to arrest you simply because you’re recording.

The judgment was delivered in the South Gauteng High Court in Johannesburg, in a case brought by attorney Shaun Jacobs (Jacobs).

Back in March 2019, Jacobs came home from work one evening to find a police roadblock set up right 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 filming what was going on. He later said he wanted to record the activity and, if needed, speak to the officers about the disruption to his street.

Things unfortunately escalated quickly. When Jacobs approached and respectfully asked one of the officers for their name and badge number, the response was anything but polite. He was shoved in the chest and told to “go back inside” or be arrested. Jacobs didn’t move. Owing to this, the officers put him in handcuffs with no explanation, no charges read out and no mention of his rights. He spent more than 24 hours in detention.

Jacobs took the matter to court, suing the Minister of Police and the Ekurhuleni Metro Police Department. He argued that the arrest was unlawful and violated his constitutional rights.

Justice M.L. Twala agreed, finding both the arrest and detention unlawful. The court awarded Jacobs R250 000.00 in damages (R100 000.00 for the detention and R150 000.00 for the arrest itself).

But the compensation wasn’t the main takeaway. The ruling sends a broader and significant message, namely that 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.

“Citizens are entitled to ask questions and are entitled to explanations from law enforcement officers in respect of their conduct,” Justice Twala wrote in the judgment. “That cannot be regarded as interference with the execution of their lawful duties.”

The decision has been welcomed by activists and legal observers. Civil rights advocate Mukhethwa Dzhugudzha called it “a vital safeguard for the public,” pointing out that the right to record is part of a bigger picture, in particular freedom of expression under Section 16 of the Constitution. “Cameras don’t just record violence they can prevent it,” she said.

Section 16 protects the right to receive and share information and ideas, and the court was clear that this protection applies to everyone, whether you work in the media or you’re just a passer-by.

The ruling comes at a time when public trust in law enforcement is strained. The Independent Police Investigative Directorate (IPID) 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.

Of course, the police can still stop you if you physically block them from doing their job. But quietly recording from a safe and lawful position? That’s not a crime.

The South African Police Service hasn’t yet said whether it will issue new internal guidelines following the judgment. Legal commentators say the precedent is now set; filming the police, without obstructing them, is lawful.

For Jacobs, the case brought personal vindication. For the rest of the country, it’s a reminder that rights don’t vanish when confronted with a badge and a uniform. As one lawyer observing the case put it: - “This isn’t about being anti-police it’s about making sure the law applies to everyone, including those who enforce it.”