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SAPS Standing Order 156

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SANEF Strongly Condemns the Hostile Attack Against Newzroom Afrika Journalists

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The South African National Editors’ Forum (SANEF) strongly condemns the hostile attack against Newzroom Afrika journalists who were prohibited by members of the South Africa Police Services (SAPS) from doing their job of covering the Diepsloot demolitions on 25 November 2020.
Journalist Mbali Thethani and cameraperson Muraga Mphaphuli were forcefully removed from the scene where they were covering the Diepsloot demolitions.

“While filming, we were asked to delete the footage and vacate the property because it was not ‘safe’. This is despite them having already completed 99% of the demolitions,” said Ms Thethani.
She stated she was speaking to the landlady (affected by the demolition) when police scolded and ordered them off the property. She said, “While making our way, my colleague Mphaphuli was manhandled, pushed and shoved by police.” A video showing the incident has since circulated on social media.

Thethani said there was no police barricade to direct journalists as to where they could operate. “It made it very difficult and prevented us from doing our jobs properly and informing the public at the same time.”

Gauteng SAPS spokesperson, Brig Mathapelo Peters said they have noted the circulating video clip and that an urgent internal investigation will be conducted to get to the bottom of the matter.

SANEF calls on senior officers in charge of these operations to brief their teams appropriately to allow the media to play its critical role of informing the public. We wish to strongly remind them that this is a right enshrined and protected in our constitution and one that must be adhered to under the COVID-19 lockdown rules.

SANEF is also working with the SAPS national team to revise the standing order 156 which deals with Media Communication in the SAPS. It will soon be replaced with new regulations guiding the relationship between the police and journalists.
We also wish to highlight the issue of journalists’ safety by referring all journalists and media organisations to the safety tips including on our SANEF website.

We call on all media organisations to ensure, wherever possible, that they provide trauma counselling for journalists who have been out on assignment. We reiterate the long-term damaging effects of untreated trauma. We have compiled a list of trauma and psychological services for journalists – these can also be accessed on our website.

Note to Editors: The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.

For more information please contact:

  • Mahlatse Mahlase – SANEF Chairperson, (083) 399-2852
  • Katy Katopodis – SANEF Deputy Chairperson, (082) 805-7022
  • Moipone Malefane – SANEF Secretary-General (082) 772-5861
  • Mary Papayya – SANEF Media Freedom Chair (082) 379-4957
  • Sbu Ngalwa – SANEF Eastern Cape Convenor (073) 404-1415
  • Janet Heard – SANEF Western Cape Convenor (078) 041-9528
  • Hopewell Radebe – SANEF Gauteng Regional Convenor (083) 582-1734
  • Judy Sandison – SANEF KZN Convenor (082) 571-3334
  • Kate Skinner – SANEF Executive Director – (082) 926-6404

Socials

Twitter: @SAEditorsForum

Email: [email protected]

Website: SANEF

Media Freedom

Rules SAPS Must Follow When Dealing With Journalists

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The South African Police Service (SAPS) have limited and strict circumstances to stop the media from taking photos or videos, as indicated by the SAPS Standing Order 156.

Helene Eloff, has recorded this podcast to explain what the Standing Order 156 says?

She also advises all journalists to download the standing order for easy reference especially when confronted by the SAPS.

# Standing Order (General) 156 Media Communication in the South African Police Service Communication and Liaison Services

 

Summary of points to consider

– Section 10(1) states that police officers “must treat all media representatives with courtesy, dignity and respect, even when provoked”.

– Section 10(3)a states that although the media may be prohibited in terms of Section 69 of the South African Police Service Act from publishing certain images, “a media representative may not be prohibited from taking photographs or making visual recordings” by any SAPS member. This includes photographs of police officers themselves.

– Section 10(3)c states that “a media representative may under no circumstances be verbally or physically abused and cameras or other equipment may not be seized” unless the equipment is being seized as evidence in terms of the law.

– Also, “under no circumstances whatsoever, may a member willfully damage the camera, film, recording or other equipment of a media representative”.

What does this mean?

– When in public spaces, you have the right to photograph anything in plain view, including SAPS members.

– However, Section 17(2)a does make provision for the police to prevent the filming of police premises, but only when “there are reasonable grounds to believe that such visual material is intended to be used in the planning or execution of a crime or will jeopardise security measures”.

– SAPS members may not stop you from photographing any person, although there are prohibitions on publishing photos of certain people without permission (such as someone suspected of a criminal offence but who has not yet been charged, or a witness). This is spelt out in Section 17(1) – media professionals should read it.

What are the restrictions?

– The right to photograph does not give you the right to trespass, break any other laws or interfere with lawful SAPS activities.

– Only senior SAPS leadership may authorise someone to take film or video of the inside of police premises, and the outside and inside of police cells.

– There are some (limited) restrictions on filming National Key Points.

– Standing Order 156 is just an instruction to SAPS members; it is not a law and has not been tested in court.

– This order does not apply to metro police departments, which are separate from SAPS. It is not yet clear if any metro police departments have similar orders.

What to do if a SAPS member tries to stop you from taking photos

– Stay calm. Do not raise your voice or provoke violence against you.

– If police demand that you delete data under threat of violence, do so. Your life cannot be measured in megabytes.

– If you are detained, ask what crime you are suspected of committing. If the officer demands to view the material or confiscates your equipment, ask what legal basis s/he to do so, and ask for the officer’s name, police station and commanding officer.

– If you experience any contravention of Standing Order 156, you may lodge a complaint to the station commander of the nearest station. Disobeying a Standing Order is a disciplinary offence.

– If the SAPS station commander refuses to take disciplinary action against the member concerned or is otherwise unhelpful, you may take legal action against the SAPS. The order, however, does not apply to metro police departments, which are separate from the SAPS.

Find the SAPS Standing Order 156 here.