Important information for people who have security cameras in Joburg
Johannesburg residents who use security cameras have scored a major victory after the city confirmed it is repealing its controversial CCTV by-law.
The decision follows strong public backlash and legal action by civil society groups. AfriForum was one of these groups that took legal action against what it described as a “blatant power grab.”
The by-law, passed earlier this year, sought to regulate and control all closed-circuit television networks in public spaces and private property if they overlooked public areas.
This included fixed cameras, drones, automatic number plate recognition systems, and even body cameras.
In July, AfriForum filed an application in the Johannesburg High Court, asking that the by-law be declared unconstitutional, illegal, and invalid.
Now, in a letter from the city’s legal representatives, the municipality confirmed that the repeal process is already underway. It will be presented to the Mayoral Committee and then the Municipal Council at the end of August.
“This is a massive win for the people of Johannesburg,” said Jacques Broodryk, AfriForum’s Chief Spokesperson for Community Safety.
“This by-law was nothing more than a blatant power grab to hijack private safety infrastructure. Thanks to this challenge, community safety networks remain in the hands of the communities that built and funded them.”
Broodryk added that the case highlighted the broader issue of the need for municipalities to work with residents rather than against them.
“Metros like Johannesburg need to accept the hand of friendship extended by community safety structures and start working with communities and not against them,” he said.
The by-law, as originally passed, would have created a host of new requirements for residents and businesses using CCTV cameras that could view public spaces.
Under its terms, all such cameras had to be approved and registered with the city. Applicants would have had to submit detailed plans, undergo a pre-evaluation process, and pay various fees.
Approval would have been valid for just one year, with annual renewals required. Temporary installations and the unauthorised use of drone cameras were prohibited.
Special approval would have been needed for any installations near city-owned properties such as government buildings, bridges, traffic lights, national key points, and police service centres.
The by-law also laid out strict rules for handling footage. Data would only have been permitted for lawful purposes, such as security monitoring and law enforcement, stored securely, and kept confidential.
Access would have been limited to authorised persons, the Johannesburg Metro Police Department (JMPD), and the South African Police Service (SAPS). Audio recording was strictly prohibited.
Property owners would have been responsible for all costs related to installing, maintaining, and removing CCTV cameras.
If the city removed a camera it deemed illegal or unsafe, owners would also have been liable for removal costs, storage, and any damages to city property.
The municipality would have had the power to set and publish tariffs, charges, or surcharges related to any aspect of the by-law.
AfriForum argued that the regulations amounted to unconstitutional overreach and would have undermined existing community safety networks, many of which are funded and maintained by residents themselves.
The City of Johannesburg previously defended the by-law as a way to ensure the lawful and constitutional use of surveillance technology while protecting human rights such as privacy and dignity.
However, critics said the rules would have done little to improve safety and could have crippled community crime-prevention efforts.
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