Cape Town - The City of Cape Town's safety bosses have clarified an important issue, saying that it's not illegal to film cops while they are carrying out their duties.
Safety and Security Executive Director Richard Bosman, in a memo sent to metro police officers dated April 24, said members of the public were entirely within their rights to take pictures or capture video of officers performing their duties, provided the officers were not impeded from carrying out their jobs in the process.
"During the past few months, we've had a number of incidents where members of our uniformed staff have been involved in incidents while on duty and had their pictures taken or had cellphone movie clips recorded of their activities," Bosman writes in the memo.
"In some instances, staff indicated to the members of the public that taking pictures or recording their activities while on duty is illegal and must cease.
"Staff have even gone so far as to request that the puictures and/or movie clips be deleted by the relevant persons who took them. Some have gone even further by taking their phiones from their owners and delteing the photos and or video clips of taken of them.
"In light of the above, staff are hereby reminded that there is no law and or legal provision which prohibits members of the public from taking photographs and/or video clips of members carrying out their duties.
"As such, the following must be noted:
* It is not illegal for staff members to be photographed by memebers of the public while on duty perfiormning their functions.
* It is not illegal for staff members to have video recordings made by members of the public while on duty performing their functions.
* Staff members must desist from making these comments to members of the public engaged in these activities as their conduct is not unlawful or illegal," Bosman noted.
However, where officers were impeded from carrying out their functions, they were to issue a warning.
"An exception to the above, however, exists in that members may not be intefered with in the scope and course of their duties by persons taking such photos and/or viodeo clips.
"In the evernt that the taking of photographs and/or recording of videos interferes with the officer performing his duties, such as issuing a fine or preventing an arrest from being effected, then the officer must issue the approprioate warning in this regard and if the offender still persists, take the necessary action as required under the circumstance," Bosman said.
The direction given to the officers was applicable immediately, he wrote.