Joburg’s CCTV bylaw fails residents and security firms

Johannesburg’s new CCTV bylaw is riddled with flaws that make it costly, impractical and unlawful.

Instead of tackling rampant crime, the bylaw burdens residents, businesses and security companies with red tape and costs, while sidelining public input.

The bylaw compels private citizens and businesses to register CCTV cameras that view public spaces.

There is a video in which I am accused of fearmongering and residents are told: “There are no fees”.

In fact, the word fees appears eight times in the bylaw. “Cost” appears 16 times, “fine” six times and “penalty” four times.

The bylaw also allows for imprisonment for up to two years. For residents and businesses struggling with exorbitant municipal bills, this is a slap in the face. The bylaw gives the city the authority to remove “illegal” cameras and charge owners for the cost –penalising those trying to protect themselves.

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Security companies which rely on CCTV to combat crime are hard hit.

Restrictions threaten to make security operations economically unviable, undermining a critical layer of community safety.

Public consultation was a sham. Too many residents and businesses were left in the dark.

There’s no evidence that the bylaw was sufficiently shared with residents for feedback.

Councillors were not advised of public participation sessions.

Security firms who were consulted discovered their legally founded suggestions ignored.

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Court challenges are inevitable.

Pushing through such sweeping changes without proper engagement is undemocratic and disrespectful to the people most affected.

Existing laws already regulate privacy and the use of public spaces, making this attempted overreach unnecessary.

The bylaw also conflicts with or intrudes upon higher legislation, particularly around the sharing of CCTV footage. By attempting to restrict how footage can be used, the city may be overstepping its authority. It is questionable whether a municipality can give itself permission to regulate cameras on private property.

In common with Joburg’s regulations around outdoor advertising, building control and much else, the approval process for CCTV cameras is not clear enough.

Nothing in the documentation approved by council – with the dissent of the DA – offers clarity, for example on how long the process will take.

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Bylaw enforcement in Joburg is weak, through combinations of incompetence, corruption, understaffing and laziness. Consider the behaviour of taxi drivers, outdoor advertisers, property developers, backyard builders, or countless poor people who displace themselves all over our parks and other public open spaces.

All these bylaw infringements are carried out with impunity. Who will police CCTV cameras? Where is the willing, competent manpower when there are not enough officers to cover the basics in more pressing instances? Where is the budget, in a city that frequently doesn’t pay its fleet rentals and can’t afford, nor manage, reliable supplies of water and electricity?

Joburg’s CCTV bylaw is a misguided attempt to control what the city can’t manage. Instead of fostering collaboration with private security and residents, the city has chosen to burden them with costly regulations.

In a city plagued by crime and failing services, this bylaw is a step backward.

How far will this attempted overreach stretch? If control freaks think they can access footage from private CCTV cameras, what’s next? Dashcams, drones, cellphones?

Think about it.

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