Case Explained: Digital policing debate grows as expert warns technology must follow the law  - Legal Perspective

Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Digital policing debate grows as expert warns technology must follow the law – Legal Perspective

Governments across the world are turning to digital policing systems to improve crime detection, manage information and respond faster to security threats, but North-West University (NWU) legal expert Advocate Justice Khoza say the expansion of these technologies is raising new questions about privacy, accountability and constitutional rights.

Recent developments in countries such as Ethiopia, where authorities have introduced smart police stations that rely on digital reporting systems, surveillance tools and integrated data platforms, show how technology is becoming central to modern governance. The systems are designed to speed up service delivery, improve coordination between law-enforcement units and strengthen state capacity to respond to crime.

Advocate Khoza from the Faculty of Law said the move toward digital policing reflects a global shift in how governments manage public safety but warned that technological innovation must remain subject to legal control.

“Technological innovation in policing can strengthen state capacity, but in a constitutional democracy it must remain firmly anchored in the Bill of Rights, legal accountability and public trust,” he said.

Advocate Khoza said countries experimenting with smart policing are showing how digital systems can support governance, but he noted that constitutional safeguards become more important when technology is used to collect and store personal information.

“Effective governance increasingly depends on technological infrastructure capable of managing information and coordinating public services, but the use of these systems must comply with constitutional protections.”

He said the South African Constitution provides clear limits on how policing technologies may be used, particularly through the right to privacy and the requirement that administrative action must be lawful and fair.

Advocate Khoza also pointed to the Protection of Personal Information Act, which regulates how personal data may be collected and processed, saying digital policing must operate within these rules.

Digital systems can help police track cases, analyse crime patterns and improve response times; however, technology alone cannot solve deeper problems in law enforcement.

“Technology can strengthen law enforcement capacity, but it cannot replace the foundations of effective policing, strong institutions, professional accountability and public trust,” Advocate Khoza said.

He added that South Africa could adopt elements of smart policing, but any such move would need to comply with constitutional requirements and ensure that new systems do not undermine rights or create inequality in access to policing services.

“The challenge is not simply adopting new policing technology but ensuring that it is implemented in a manner consistent with constitutional rights, legal accountability and democratic governance.”

Advocate Justice Khoza