The Organisation Undoing Tax Abuse (Outa) is taking the City of Johannesburg (COJ) to court to challenge the legality of the new bylaw on privately owned closed-circuit television cameras (CCTVs).
The city earlier this year announced the bylaw, which, among other things, prohibits residents from posting CCTV footage on the internet. The bylaw states:
- 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.
Outa filed a case against the City of Johannesburg, city manager Tshepo Makola and mayor Dada Morero in the Johannesburg high court on June 18.
“The notice of motion calls for the court to declare the city’s CCTV bylaw invalid and unconstitutional, and set it aside. It also calls for the city to provide the records relating to the public participation, adoption and promulgation of the bylaw,” Outa said.
“Outa believes the bylaw is convoluted, irrational, places unreasonable burdens on private businesses and residents, raises privacy concerns and is unworkable.”
Outa executive director Stefanie Fick said they wanted the bylaw overturned due to lack of public participation, lack of rationality and legality.
“Given the extent and impact of the bylaw, it appears limited public participation took place. Alternatively, there was insufficient community participation,” she said.
“It would appear the COJ is usurping policing functions by commandeering private CCTV camera systems aimed at ensuring the safety and security of individuals, communities and property within the city, which … is primarily the function of national and provincial government. For this reason the COJ is overstepping its executive and legislative authority.”
The city’s registration process is “irrational, cumbersome and unimplementable”, the organisation argues, adding it believes the bylaw will undermine community safety initiatives.
“Placing an enormous administrative burden on a CCTV owner would discourage residents from installing CCTV camera systems. The net result would be a community increasingly exposed to crime, where the police and Johannesburg metropolitan police department are not equipped to effectively deal with pervasive crime.”
Outa raised further concerns about the registration process, saying it could compromise privacy and the city’s handling of data.
“The COJ may regulate its own CCTV camera systems as it deems fit, but it exceeds its powers by directly interfering with private property rights. What a person does within the boundaries of his property is private and the COJ must not intrude on this privacy.”
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