The City of Johannesburg council has rescinded the controversial closed-circuit television camera (CCTV) bylaw it promulgated earlier this year.
This comes after the Organisation Undoing Tax Abuse (Outa), AfriForum and the South African Property Owners Association (Sapoa) took the city to court to challenge the legality of the bylaw on privately owned CCTV.
The council had approved the promulgation of the CCTV bylaw in February this year to regulate surveillance camera operations within its jurisdiction and regulate registration of commercial and non-commercial privately owned CCTV cameras.
Before the publication of the bylaw, a review application in the high court seeking to declare it inconsistent with the constitution and invalid was filed by Outa, Sapoa and AfriForum. The applications were based on procedural and substantive irregularities in its promulgation and public participation process.
In a progress report presented to the council about the bylaw, it was stated withdrawing the CCTV bylaw aligns the city with constitutional and statutory requirements, mitigates litigation risks and reinforces public confidence.
“Immediate action is recommended to initiate the withdrawal process as outlined above,” read the report.
Outa executive director Stefanie Fick said they are glad the council repealed the bylaw.
“It is mind-boggling why they felt this was a good idea in the first place. Was it incompetence, or did they think no-one would know about it? Or do they think they are going to squeeze money out of Joburg residents?” she asked.
The bylaw stated that:
- CCTV cameras which show public places, such as roads, must be approved and registered with the city;
- the cameras cannot be moved, updated or taken down without consent; and
- footage of crimes cannot be shared on the internet or WhatsApp.
Fick said if it wasn't for civil society organisations, the bylaw could have gone through quietly.
Both Outa and Sapoa warned the city, she said.
“We said, 'But guys, please repeal this bylaw before we go to court. Please repeal this bylaw. It is unconstitutional, it is unfair, unreasonable and irrational.' They didn’t listen, and it took us to go to court for them to decide to repeal the bylaw as it should have been.”
The city needs good leaders who will govern in the best interests of the people and not just squeeze money out of everybody, she said.
“In a nutshell, we are happy. They shouldn’t have agreed to this bylaw in the first place. We are happy they repealed it eventually.”
The city did not oppose their application in the high court but only filed the notice of who their attorneys were, she said, adding they won't persist with their main application but are going to persist with their costs.
“We notify them and say, 'Before we go to court, don’t you want to consider repealing this bylaw?' Like they have done now — but we didn’t get any answer, nothing. So they must pay our legal fees.”
DA shadow MMC for public safety Solomon Maila said the DA in the city is pleased the ANC/EFF/PA coalition “of mismanagement” has decided to rescind the CCTV camera bylaw it pushed through council earlier this year.
“The rescission of the bylaw, which comes in the wake of huge public pressure and possible court challenges, is a victory for the 6-million residents of the city and the rule of law, which includes thoroughgoing public consultation in all lawmaking processes across the spheres of government,” he said.
He said they recognise the crime-prevention mandate of the public safety department through the Joburg metropolitan police department in terms of the provisions of the SAPS Amendment Act. However, they are firm in their assertion that the CCTV camera bylaw — or any other bylaw enacted by the city — must not be in conflict with the constitution.
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