Court action launched by SA Property Owners’ Association against Johannesburg’s CCTV by-law
The City of Johannesburg’s new closed circuit television (CCTV) by-law faces court action by the SA Property Owners’ Association (Sapoa).
In papers filed at the Gauteng High Court, Johannesburg, Sapoa states that it intends raising the following constitutional issue.
“Declaring that the first respondent’s privately owned closed-circuit television surveillance camera by-law (the by-law) is unconstitutional, ultra vires (beyond the powers) and invalid, and is accordingly set aside,” the association said.
The municipality promulgated the by-law in February to allow for the obligatory registration of all CCTV camera systems operational within Johannesburg, and which have an angle of view to public places.
According to Sapoa, the association is concerned not only about the introduction of the by-law, but also regarding its scope and operation.
“Sapoa has identified a number of deficiencies regarding the by-law, including the fact that none of the application forms provided for the by-law are yet available, and the applicable tariffs have yet to be published. Furthermore, the by-law has not been adopted in accordance with the constitutional and legislated procedural requirements,” states Sapoa.
The association added that it is of the view that, after having obtained legal advice, the by-law is unconstitutional as it exceeds the powers of the City of Johannesburg.
“Following discussions, Sapoa has resolved to institute court proceedings against the City of Johannesburg to have the by-law declared unconstitutional and invalid, and to have it set aside. The court application has been issued and is being formally served on the city,” Sapoa explained.
It said in light of the mentioned deficiencies identified and the legal proceedings, the City of Johannesburg can no longer attempt to enforce the by-law.
Sapoa members have been invited to be vigilant of any attempts to enforce the by-law and have been requested to notify the association of the details of such attempts.
The City of Johannesburg has approved a new by-law to regulate privately-owned CCTV surveillance in public spaces and private property and enforce their registration including drones, body cameras, and automatic number plate recognition.
Earlier this year, the municipality explained that this is required as a mechanism to deter crime and prosecute perpetrators of crime and to ensure the safety and security of individuals and property in the City of Joburg while promoting the use of CCTV cameras.
The by-law will be applicable to use for camera-related surveillance equipment including automatic number plate recognition, body-worn video or body cameras, unmanned aerial systems or drones, and other systems that capture information about identifiable individuals or information relating to individuals.
In addition, the city may also determine tariffs, charges, or surcharges dealing with any aspect, conduct, or action in terms of the by-law, and such tariffs and/or charges or surcharges will be published in the provincial gazette for information after being approved by the municipality.
The municipality has assured residents that the by-law is intended to regulate and not restrict the erection of CCTV infrastructure on city property.
The City of Johannesburg departments will not be required to follow the application process but merely register the locations of the CCTV cameras with the Johannesburg Metropolitan Police Department for documentation and database recording purposes.
