The DA has become the latest to state its opposition to the City of Johannesburg’s CCTV camera by-law, which was promulgated two weeks ago.

The party has warned that the by-law could have the opposite effect in the prevention of crime.

DA councillor and shadow public safety MMC Solomon Maila party abstained from the voting.
“We could not vote in support of the bylaw because we are concerned that it could have the opposite effect of what it seeks to achieve in relation to the prevention of the serious and violent crime ravaging the city at the moment,” he said.

Maila added that the reality is that promulgation is the next natural step following the approval of the CCTV camera by-law in council on February 21.

“That is because the legislative authority of the City of Johannesburg Metropolitan Municipality is vested in its municipal council in terms of the provisions of section 151(2) of the Constitution of the Republic of South Africa, 1996,” he explained.
There has been widespread opposition to the new by-law, with the likes of crime-fighting online initiative eBlockwatch stating that it could be in violation of the Protection of Personal Information Act (Popia), which is there to protect Joburg residents in such cases, as well as that it could be a violation of privacy.

Camera-based technology company Vumacam also opposes the by-law.

Vumacam said having considered the promulgated by-law, its view is that the legislation in its current form places significant, unlawful restrictions on privately-owned CCTV cameras, which are onerous and overly restrictive to commercial, private, and residential camera owners.

In terms of the by-law, all third-party CCTV camera systems and CCTV camera on city property and structures must be registered with the municipality within three months from the date of the promulgation of the by-law. Additionally, all approved but unregistered CCTV camera installations must also be registered in terms of the by-law within the stated period.
Failure to register any CCTV camera, installation, equipment, system or part thereof in accordance with the provisions of the by-law within the period will result in a compliance notice to the CCTV camera owner, or property owner being issued.

Once there is there is compliance by the CCTV camera owner or property owner with the notice the CCTV camera installation must be registered within 30 days.

The City of Joburg has also warned that failure by the CCTV camera owner or property owner to comply with such notice within 30 days and upon expiry of such period, the CCTV camera and related equipment shall be removed without a court order by the municipality in an appropriate manner and impounded.
Any CCTV camera and related equipment impounded in terms of the by-law must be kept by the city for a period of 60 days from the date of impoundment and an authorised official must in writing notify the owner of such installation of impoundment if the address of the owner can be ascertained.

According to the by-law, the owner of a CCTV camera installation impounded may claim such installations subject to payment of a prescribed fee, failing which the city may, if the CCTV camera installation is not claimed by its owner within the period of 60 days destroy or otherwise dispose of such equipment or installation in the manner it deems necessary.

The by-law also empowers the City to recover the prescribed fee from any owner who has not claimed his or her CCTV camera installation equipment.

loyiso.sidimba@inl.co.za

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