The City of Johannesburg is promulgating a by-law aimed at regulating privately owned closed-circuit television (CCTV) surveillance cameras
The City of Johannesburg is promulgating a by-law aimed at regulating privately owned closed-circuit television (CCTV) surveillance cameras in order to bring all private surveillance installations under municipal oversight.
Under the new rules, any individual or business installing a CCTV camera with a view of public space will be required to obtain formal approval from the municipality.
The by-law also imposes strict registration requirements for existing cameras, with the city creating a database of all privately owned surveillance systems monitoring public spaces.
The draft was passed last week.
It has raised the ire of residents, civil society, businesses and the Democratic Alliance (DA), which has “put forward our dissent to the proposal”, according to the party’s caucus leader in the city, Belinda Echeozonjoku. She told the Mail & Guardian that the party had had a “flood” of complaints from residents.
The only other party to oppose the draft was the African Christian Democratic Party (ACDP). It was passed by the ANC-ActionSA-Economic Freedom Fighers-Patriotic Alliance coalition in the city, with some smaller parties also agreeing to it.
ACDP councillor Ronald Winston Harris told the M&G that his party did not support the law because every home in the city that had a CCTV camera installed would have to apply for permission.
“How is this going to be monitored? Are private systems going to be integrated into the public CCTV infrastructure? Will a fee structure be put in place? How does this by-law affect those who sell the technology? The by-law is not clear on the intrusion into the lives of citizens. Yes, the technology is necessary for public safety, but we are not clear on the impact on private citizens,” he said.
Echeozonjoku said the law “introduces a complex and costly registration process that will affect homeowners, businesses and community policing forums that have installed CCTV cameras to protect their properties and public spaces”.
“Instead of working with these stakeholders to strengthen crime prevention efforts, the City of Johannesburg is imposing yet another layer of red tape, forcing residents to seek approvals, renewals and compliance checks that come with undisclosed fees and penalties,” she said.
The public participation around the law had been poor, she added.
But ActionSA’s Sarah Wissler said there had been “a lot of misinformation” about the regulation. There would be “no hidden costs” for residents, she said.
“Also, we are not restricting residents that have personal cameras but rather making sure that everyone complies with the Popia [Protection of Personal Information] Act. Footage in the past was just handed over to anyone and used. This is very dangerous.
“So, we require residents who have cameras facing the street that record people walking by or driving to register with the city. To make sure they comply with Popia, signage must be displayed that cameras are recording, so the public knows. The footage can only be given to law enforcement; it must not just be handed over to just anyone.”
The footage from the cameras would help in tracking and tracing criminals, she said.
Harris said the city had left a door open in the draft for potential charges for already over-stretched ratepayers. “It is not stated clearly in the draft that there is no cost involved,” he said.
The most pressing concern for the ACDP was the potential for invasion of privacy through the integration of private and city systems. “Will they want to tap into the footage of private citizens? Will they need a court order for that?”
Several business owners the M&G spoke to, including those who supply and install CCTV cameras, said they would challenge the law. One said trying to enforce and regulate footage from private cameras that might record some public areas was akin to trying to regulate cellphones, which did the same thing when taking photos and videos.
Julia Fish, of the Organisation Undoing Tax Abuse’s Johannesburg Community Action Network, said the civil rights organisation was concerned about the lack of public engagement accompanying the by-law.
“JoburgCAN supports legislation that enhances the rights enshrined in our Constitution such as the right to dignity, security, freedom of movement and privacy. Much of the by-law effectively adds protections and regulation to ensure these rights,” Fish said.
“However, the implications of some of the by-law equates to extensive overreach into individuals’ lives and private property which need to be properly considered in wide public comment and citizen education.”
The city had not been transparent about the costs of required site plans, insurance, storage and registration.
“For instance, the by-law requires that residents hire an engineer to certify camera setups and submit reports to the city. All businesses — which would include private security companies — require public liability insurance for community camera networks.
“If the city rejects your application for approval of your existing system, the cost of removing the equipment is at your own cost. The renewal of such permission and reports are at the ongoing discretion, and at the will, of the city at an escalating tariff of their choosing.”
Fish said by-laws should be realistic, sensible and address a clear need, “not merely add red tape and costs”.
According to the draft document, the regulation will cover all CCTV cameras installed in public spaces or on private property where the camera’s range includes public areas.
The law also addresses the storage and handling of footage, granting law-enforcement agencies access to CCTV data when required for investigations.
The draft stipulates that no CCTV camera can be erected operated, or maintained without prior written approval from the city.
Applicants will be required to submit detailed plans, including the location, technical specifications and the intended purpose of the surveillance system.
The law outlines conditions for special approval when cameras are installed on city-owned property, such as government buildings, bridges, freeways and police stations.
Failure to comply with the regulations could result in severe penalties.
The by-law empowers municipal authorities to issue compliance notices, revoke approvals and order the removal of unauthorised CCTV installations.
Non-compliant individuals or businesses can face fines, imprisonment of up to two years or both.
Commercial CCTV operators will be required to maintain records of all footage downloads and transfers, ensuring that no unauthorised individuals gain access to sensitive surveillance data. The legislation also prohibits the use of audio recording capabilities in public spaces.
Unauthorised installations on city property will be removed at the owner’s expense. In addition, the city has reserved the right to impose tariffs or surcharges for CCTV-related services.
