We picked this up a couple of weeks ago and there has been a big outcry from certain quarters who see it as a means to stifle press / personal freedoms:
The CCTV By-Law of the City of Johannesburg Metropolitan Municipality regulates the installation, operation, and management of Privately Owned Closed-Circuit Television (CCTV) Cameras on Private Property, particularly when these cameras have a view or angle of coverage that includes Public Space. Below is a summary of the key provisions related to Privately Owned or Private Property:
1. Application of the By-Law
The By-Law applies to all CCTV cameras installed on Private Property if they have a view or angle of coverage that includes Public Space.
Approval is required for such installations, regardless of the zoning of the property or any other applicable laws.
2. Objectives and Purpose
The By-Law aims to regulate and register privately owned CCTV cameras that monitor Public Space.
It ensures that the use of CCTV cameras complies with constitutional rights, including privacy, dignity, and security.
3. Approval and Registration
Approval is required for the installation of CCTV cameras on Private Property with a view to Public Space.
Applications must be submitted on a prescribed form, accompanied by necessary documentation, including maps, diagrams, and plans.
The City may refuse an application if it does not comply with the By-Law or if the CCTV camera is prohibited.
4. Prohibitions and Restrictions
CCTV cameras on Private Property must not be used for unlawful activities, such as espionage, terrorism, or violating human rights (e.g., privacy, dignity, freedom of movement).
Audio recording is strictly prohibited in Public Space, and no CCTV camera with audio recording capability may be registered.
5. Registration Requirements
All CCTV cameras on Private Property with a view to Public Space must be registered with the City.
Applications must include details such as the CCTV camera model, installer, number of cameras, and the exact location within the property.
A declaration must be provided by the CCTV owner, outlining measures taken to comply with the By-Law.
6. Database of Registered Cameras
The City will maintain a database of all registered CCTV cameras on Private Property that monitor Public Space. This database will be managed by the Johannesburg Metropolitan Police Department (JMPD).
7. Maintenance and Inspections
The owner of the CCTV camera is responsible for maintaining the camera and ensuring it does not become unsightly or deteriorate.
Regular inspections (at least twice a year) must be conducted, and records of maintenance must be kept for five years.
If a CCTV camera is found to be in disrepair or in violation of the By-Law, the City may issue a notice requiring the owner to remove or repair the camera.
8. Data Handling and Privacy
Data collected by CCTV cameras on Private Property must be used only for lawful purposes, such as security monitoring and law enforcement.
The footage must be stored for a minimum of 24 hours (or longer if required by law) and must be kept confidential.
Access to the footage is restricted to authorized persons, law enforcement agencies (e.g., SAPS, JMPD), and must be properly documented.
9. Prohibition of Unauthorized Use
CCTV cameras on Private Property must not be used for commercial purposes unless explicitly approved.
The cameras must not be used to monitor or record activities that violate the privacy or dignity of individuals.
10. Removal of Illegal Installations
Any illegally installed CCTV cameras on Private Property must be removed within 30 days of the By-Law’s promulgation.
Failure to comply may result in the City removing the camera and imposing costs on the owner.
11. Public Notice and Signage
Commercial applicants must place signage at key entrance points to notify the public that they are entering a zone monitored by privately owned CCTV cameras.
12. Transitional Arrangements
All legally installed CCTV cameras on Private Property prior to the By-Law’s promulgation must be registered within a specified period (to be published in the Provincial Government Gazette).
13. Offenses and Penalties
Violations of the By-Law, such as unauthorized installations, failure to register, or misuse of CCTV footage, can result in fines, imprisonment, or both.
14. Privacy Obligations
CCTV camera owners must safeguard the privacy, dignity, and security of individuals and comply with the Protection of Personal Information Act (POPI Act).
