The City of Johannesburg has been operating under the privately-owned closed circuit television surveillance camera by-law since February 28, which mandates the registration of all CCTV camera systems that have a view of public spaces.
The by-law, according to the CEO of the South African Property Owners Association (SAPOA), includes provisions for annual approval renewals, regular inspections by city officials, and restrictions on the sharing of footage.
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Under the by-law, footage from CCTV cameras can only be released to officers from the South African Police Service (SAPS) or the Johannesburg Metropolitan Police Department (JMPD). Property owners and security providers are prohibited from sharing this footage independently.
In May, SAPOA initiated court proceedings to have the by-law declared unconstitutional and unlawful, seeking to have it set aside.
SAPOA noted that while the city has indicated its intention to oppose the matter, it has not yet submitted its answering affidavit. Consequently, SAPOA’s attorneys, GVS Law, have scheduled the case for an unopposed hearing on September 9. If the city fails to file its papers by that date, the court is expected to declare the by-law invalid.
On August 14, the city’s attorneys informed SAPOA that the city intends to repeal the by-law at the upcoming Municipal Council meeting at the end of August. They indicated that a resolution to effect this repeal is being tabled.
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SAPOA expressed appreciation for the city’s acknowledgment of the errors associated with the by-law. However, they emphasised that SAPOA’s application will remain on the court roll until the by-law is officially repealed, and its legal costs are settled.
“We plan to closely monitor the situation, and will keep members informed once the by-law has been repealed.”
Director in Communication for the Public Safety Department Keitumetse Letebele stated that they cannot comment at this stage as the process of repealing the CCTV by-law still needs to serve before, and be approved by, council.
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