DJ PSandy

[THE RECORDING OR PHOTOGRAPHING OF POLICE OFFICIALS WHILE ON-DUTY OR EXECUTING THEIR DUTIES] There is no prohibition that prevents a private person from recording a police official while the police official is on duty or exercising any power or duty as a police official in public. A private person is not committing an offence, albeit interference with a member, defeating or obstructing the course of justice or any other offence, merely because he or she is recording the conduct of a police official. Arrest under these circumstances will be unlawful. The device used by a person to make such recording or to take a photograph may not be seized, damaged or destroyed merely because a recording was made or a photograph taken of a police official. In addition, such a recording or photograph does not constitute a contravention of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) ("POPIA") and police officials cannot rely on their right to privacy to protect their identity or conduct.