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Legalities of boomed neighbourhoods

Residents seeking safer neighbourhoods may now need proof of serious crime before closing off roads, as authorities move to clamp down on illegal and non-compliant closures.

In many Johannesburg suburbs, boom gates, security guards, and restricted access have become part of everyday life.

They are visible signs of communities trying to protect themselves, but behind these measures lies a complex web of rules that many residents may not fully understand, and which authorities are now beginning to take action on.

Steve Margo, who runs Margo Security, and is also a Fourways resident, could no longer sit back, raising concerns about widespread non-compliance with road closure regulations. He warns that some neighbourhoods could face penalties, or even removal of their closures, if they fail to meet strict requirements.

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“It has come to our attention that there are a number of closures that are breaking the rules of closure, which could lead to problems with the JMPD and the council.”

Margo said that, to comply with regulations, security officers must be employed by a company registered with the Private Security Industry Regulatory Authority (PSIRA), the body that oversees and regulates private security in South Africa, and that the officers themselves must also be individually registered.

“Officers must be registered as a minimum of Grade C. Officers are there to monitor activity at the boom or gate.”

He said the security officers working at a gate or boom may not: search a vehicle, request anyone to fill in a register, or ask the person where they are going, how long they will be, what their business is, or ask for personal information, like an identity number.

They’re also not allowed to delay traffic, scan a licence disc or driver’s licence, charge a fee, restrict or delay access to any emergency vehicles, such as police, fire truck, ambulance, JMPD, etc, or restrict access to any council services, like Eskom, Johannesburg Water, City Power, etc.

Samuel Mudau, a security officer from SDS Security at Norscot, says he knows the rules. Photo: Ditiro Masuku

Margo said for those who would like to apply for a road closure for the first time can only apply for a two-year term. At the conclusion of this term, they can apply for a four-year extension, and at the conclusion of the second term they can apply for a six-year extension.

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To qualify for the extensions, completed files must be handed into council one month (30 days) ahead of the expiry date. Late renewals will only be given a two-year extenstion. Council is not obliged to give the extended periods. They do so at their discretion, and provided that no rules have been broken.

Margo added that they have very recently been advised that crime statistics are a major requirement when applying for a road closure. “Should there be no crime in the street closure area, council will not approve a closure. Whilst petty crime can be or should be recorded, it will apparently not count towards a closure.

“Council requires that all serious crime be recorded with police case numbers. Serious crime includes, in no particular order but not limited to, residential burglary and theft of motor vehicles. Council advises that they will check all crime by visiting the relevant police station. This is yet another delaying tactic.”

Margo said wayleave applications are essential in all cases where gates or fencing are to be erected. He said this is to ensure that no services under the surface are affected. 14 departments are contacted for this purpose.

He addressed expired and illegal road closures. “We have been advised that there are a large number of illegal and expired road closures in the field, where closures have been erected without council permission, or where people have not bothered to renew a closure whose period has expired.

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Please be advised that council is now taking steps to rectify this.

JMPD will be issuing infringement notices, giving the closure 30 days to rectify the problem or have the closure removed. If you are aware of illegal or expired closures, please advise the people of what may happen in the near future.”

Infographics

Equipment that is prohibited
• Access may not be controlled by using biometrics,
• May not use a tag system,
• May not use a card system,
• May not use a digipad with a code system, and
• Remote transmitters may not be given to residents. The security officers are the only people allowed to have these transmitters as they are there to manage the running of the booms or gates

Cul-de-sac closure requirements
• The closure must be a natural Cul de Sac,
• The closure must have less than 30 properties within its boundaries, and
• Vehicles entering a Cul de Sac take preference over vehicles exiting, which need to wait for the vehicle entering – additional road marking and signage is required.

Pedestrian gates
• Council requires these gates to be a minimum of 750mm wide for wheelchair access,
• Gates can be self-closing, but not locked by day, one can also use electronic locks with push buttons for opening, and
• Gates can be locked at night, according to instructions received from council.

Crime portfolio
• Form a crime portfolio and get one member in the closure to run it.
• Ask every resident living in the closure area to record each and every crime that takes place within the closure, together with the name of the police station which attended the scene and case number.
• Get your appointed security company to assist by not only logging crime within the area, but also in surrounding suburbs.
• Get friendly with your sector police officer and ask him to keep you advised of any criminal activity.

Main gates
• Main gates/motorised gates, which are there to close off a road, must be able to open to the full width of the road.
• Council requires an opening of not less than 4.5m for emergency vehicles.
• No upright support posts are to be positioned on any road surface, all support posts to be positioned on the pavements.
• Gates that receive permission to be locked may only use a padlock and chain.
• It is recommended that a master key system be used if multiple gates apply.
• In certain cases, these gates may have to be opened at certain times to allow bulk traffic to exit or enter the area.

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Signage
• All road signage must be erected in accordance with the traffic regulations.
• All information signage must be erected in accordance with the council regulations.
• Signage showing duration of approval period should be clearly visible on site.

Automation of booms
• Automated booms may be used under certain conditions: Firstly, booms to be managed by guards on a 24-hour basis. Secondly, booms to be automated without the use of any guards. This can be done using the following: loops installed under the tar, using handsfree (handwave) systems, using a CCTV system monitored off site, details available upon request – where this is done a patrol vehicle must be in close proximity.
• Wherever a post is erected in the centre of the road, it must be collapsible, allowing it to lie flat on the road surface in order to allow large trucks access.

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Ditiro Masuku

Ditiro Masuku is a seasoned journalist with a track record of covering dynamic stories for newspapers, magazines, and digital publications including social media. They are now driving compelling content at Fourways Review.

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