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Recording police in South Africa is legal and protected under the law
Legal experts have reaffirmed that members of the public are within their rights to record or photograph police officials performing their duties in public spaces.
According to guidance, there is no law prohibiting individuals from documenting officers while on duty. Simply recording a police official does not amount to interference, obstruction of justice, or any criminal offence.
Any arrest made under such circumstances would therefore be unlawful.
Furthermore, devices used to capture such recordings may not be seized, damaged, or destroyed by police merely because they were used to record officers.
Importantly, such recordings do not breach the Protection of Personal Information Act (POPIA), as police officials cannot claim a right to privacy when carrying out their duties in public.
This clarification comes amid growing public concern about accountability and the role of bystanders in holding law enforcement officers to account.