The City of Johannesburg has approved a new by-law to regulate privately-owned closed-circuit television (CCTV) surveillance in public spaces and private property and enforce their registration including drones, body cameras, and automatic number plate recognition.
The municipality explained that this is required as a mechanism to deter crime and prosecute perpetrators of crime and to ensure the safety and security of individuals and property in the City of Joburg while promoting the use of CCTV cameras.
The by-law will be applicable to use for camera-related surveillance equipment including automatic number plate recognition, body-worn video or body cameras, unmanned aerial systems or drones, and other systems that capture information about identifiable individuals or information relating to individuals.
In addition, the city may also determine tariffs, charges, or surcharges dealing with any aspect, conduct, or action in terms of the by-law, and such tariffs and/or charges or surcharges will be published in the provincial gazette for information after being approved by the municipality.
According to the city, the by-law can apply to private and external CCTV cameras it has installed on council-owned land and infrastructure as well as on private property, monitoring the city’s public area and those cameras forming part of the broader CCTV network.
The municipality has assured residents that the by-law is intended to regulate and not restrict the erection of CCTV infrastructure on city property.
The City of Johannesburg departments will not be required to follow the application process but merely register the locations of the CCTV cameras with the Johannesburg Metropolitan Police Department (JMPD) for documentation and database recording purposes.
The by-law makes provision for the compilation of a database of all registered CCTV cameras within residential or private property with a view or an angle of view or coverage of a public space, which shall be kept and managed by the JMPD’s CCTV camera department.
“All CCTV camera footage or imagery is confidential and must be handled in a manner that it is not compromised in any way. All footage or imagery must only be released to the SA Police Service (SAPS) or JMPD, with such release and receipt properly registered and documented and kept tracking such footage removal,” the by-law states.
It will be enforced with strict compliance with the applicable laws by providing an effective framework within which the municipality can prescribe, regulate, and safeguard constitutional rights to human dignity, privacy, security of persons, freedom of movement, and the general well-being of the community.
Additionally, CCTV camera data including imagery or footage must only be accessible to authorised persons, law enforcement agencies, JMPD and SAPS, to whom it must be made available, on demand, through the relevant empowering law or statute.
The City of Joburg has assured owners of CCTV cameras that data gathered through the system in public spaces or within private properties with a view or an angle of coverage to public spaces will only be used for law enforcement purposes by SAPS and JMPD.
In terms of the by-law, any contravention or failure to comply with any of its provisions could lead to fines or imprisonment not exceeding two years or both.
Persons convicted of contravening the by-law but continuing with the contravention will be liable to additional fines and imprisonment for periods not exceeding three months or both for each day on which the person continues or has continued with that act or omission.
Joburg Speaker Nobuhle Mthembu expressed her confidence that the by-law will strengthen the city’s crime-fighting efforts and enhance residents’ safety.
“This regulation will enhance security while ensuring that constitutional rights of citizens are not trampled on,” she promised, adding that the adoption of the by-law is a significant step in ensuring that technology is used responsibly to improve safety in Joburg.
The adoption of the by-law follows Police Minister Senzo Mchunu’s revelation that members of the SAPS will start using body cameras from April 1 and each will cost R29 000.