It has been noticed that often members of neighbourhood watches and Community Policing Forum’s (CPF) enthusiastically publish photos of the arrests they make on social platforms such as Whatsapp.
It is understandable they are proud of the way they serve their communities and weed out crime, but according to the law they might face serious charges.
The following definitions are relevant:
• “photograph” includes any picture, visually perceptible image, depiction or any other similar representation of the person concerned; and
• “publish”, in relation to a photograph or sketch, includes to exhibit, show, televise, represent or reproduce.
No person may, without the written permission of the National or Provincial Commissioner, publish a photograph or sketch of a person-
a)who is suspected of having committed an offence and who is in custody pending a decision to institute criminal proceedings against him or her;
b)who is in custody pending the commencement of criminal proceedings in which he or she is an accused; or
c)who is or may reasonable be expected to be a witness in criminal proceedings and who is in custody pending the commencement of his or her testimony in such proceedings.
Any person who publishes a photograph or sketch in contravention of these provisions, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
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