Warning to homeowners and businesses with security cameras

The City of Johannesburg has passed a new by-law regulating the use of privately owned CCTV cameras, which could include new application and renewal fees, as well as penalties for non-compliance.

This by-law applies to all cameras installed in public spaces or private properties with a view of public spaces.

According to the City, the new rules aim to ensure their lawful and constitutional use for safety and security while protecting human rights, including privacy and dignity.

The by-law highlights that all CCTV cameras in public spaces or those overlooking public spaces must be approved and registered with the City.

“Applicants must submit detailed plans and undergo a pre-evaluation process before receiving approval, which is valid for one year and requires annual renewal,” it said.

The by-law also notes that temporary installations are prohibited, and the unauthorised use of drone cameras is strictly banned.

“Special approval is needed for installations on or near City-owned properties such as government buildings, bridges, JMPD cameras, traffic lights, street luminaires, national key points, and SAPS community service centres,” it added.

The by-law also sets out strict rules for handling data collected by CCTV cameras, which may only be used for lawful purposes such as security monitoring and law enforcement.

“The data must be stored securely and handled confidentially, with access restricted to authorized persons, JMPD, and SAPS.

“Audio recording is strictly prohibited. Cameras installed on private properties with views of public spaces must also be registered,” it said.

The by-law also mentions charges and fees related to CCTV camera installations. It specifies that prescribed fees, including application fees, renewal fees, and penalty fees, must be paid when submitting an application.

The by-law states that the City may also determine tariffs, charges, or surcharges related to any aspect of the by-law, which will be published in the Provincial Gazette once approved.

Additionally, owners are responsible for all costs associated with the design, installation, maintenance, and removal of CCTV cameras.

If the City removes an illegal or unsafe camera, the owner also bears the costs of removal, storage, and any damages to City property.

Major push back

The new CCTV by-law in Johannesburg has sparked significant criticism from residents, civil society, businesses, and political parties.

Speaking to the Mail & Guardian, Democratic Alliance (DA) caucus leader Belinda Echeozonjoku said the party had received numerous complaints from residents.

She argued that the law introduces a complex and costly registration process that will burden homeowners, businesses, and community policing forums using CCTV cameras for security.

Echeozonjoku criticised the by-law for adding unnecessary red tape, requiring approvals, renewals, and compliance checks accompanied by undisclosed fees and penalties.

She also pointed out that there was not enough public participation throughout the drafting process, while the new rules have the potential to add to the financial strain on households and businesses.

African Christian Democratic Party (ACDP) councillor Ronald Winston Harris also had concerns about how the law would be implemented.

He questioned whether private CCTV systems would be integrated into public infrastructure and whether a fee structure would be introduced.

He argued that the by-law lacked clarity on its impact on private citizens, particularly regarding privacy issues and potential costs.

Harris also agreed with Echeozonjoku that the regulation could increase financial pressure on ratepayers, as the draft did not explicitly state that there would be no costs involved.

Despite the backlash, ActionSA’s Sarah Wissler defended the by-law, arguing that much of the criticism was based on misinformation.

Although the draft papers mention the possibility of fees and charges; she said that there would be no hidden costs for residents.

She added that the law was designed to ensure compliance with the Protection of Personal Information Act (Popia).

She argued that the regulation was necessary to safeguard personal information while also enhancing security by enabling effective tracking and tracing of criminals.