Johannesburg’s New CCTV Bylaw: What It Means & How to Challenge It

Johannesburg has introduced a new bylaw requiring homeowners to obtain formal approval before installing CCTV cameras that face public spaces. While the city claims this is a security measure, critics argue it infringes on privacy rights and places unnecessary burdens on residents. In this post, we will break down the bylaw, its potential impact, and how individuals can challenge it legally.

Understanding the CCTV Bylaw

The new regulation requires homeowners to:

• Apply for approval before installing cameras facing public areas.
• Ensure that security footage complies with monitoring requirements set by the municipality.
• Potentially upgrade their systems to meet certification standards.

Concerns Raised:

• Privacy Issues: The bylaw could allow authorities access to privately recorded footage, raising constitutional concerns.
• Administrative & Financial Burden: The approval process and potential equipment upgrades may be costly and time-consuming.
• Legal Ambiguity: Enforcement mechanisms remain unclear, leaving homeowners uncertain about compliance.

🔗 For full details on the bylaw, refer to the official document.

Steps to File a Formal Objection

If you wish to oppose the bylaw, follow these structured steps:

1️. Review the Bylaw – Understand its clauses and how they impact you.

2️. Gather Supporting Evidence – Compile legal references, expert opinions, and documented concerns.

3️. Draft Your Objection – Clearly outline your concerns, referencing relevant rights and municipal procedures.

4. Submit Your Objection – Use the official submission system provided by the City of Johannesburg. Official Document.

5️. Follow Up – Stay engaged with municipal representatives to track the progress of your submission.

6️. Consider Legal Escalation – If the objection is dismissed, explore judicial challenges or seek legal counsel.

Final Thoughts

While security concerns are valid, bylaws must balance public interest with individual rights. If Johannesburg’s CCTV regulations appear unfair or legally questionable, affected residents should take appropriate action to ensure their privacy and financial security remain protected.

South Africa has several legal frameworks governing CCTV usage, primarily focusing on privacy rights and data protection. Here are the key laws and regulations:

1. Protection of Personal Information Act (POPIA)

• POPIA regulates how personal data, including CCTV footage, is collected, stored, and used. Key points include:
• Notification Requirement: Businesses and homeowners must inform individuals that they are being recorded, typically through visible signage.
• Purpose Limitation: CCTV footage should only be used for security, crime prevention, or operational monitoring.
• Data Retention: Footage must not be stored indefinitely—retention periods should align with the reason for collection (e.g., 30–90 days).
• Access Control: Only authorized personnel should have access to recorded footage.
• Cloud Storage Compliance: If footage is stored on cloud servers, they must comply with POPIA, especially if hosted internationally.

2. Constitutional Right to Privacy

South Africa’s Constitution guarantees the right to privacy, which extends to CCTV surveillance. Courts may rule against excessive or intrusive monitoring, particularly if cameras invade private spaces like homes or workplaces.

3. Workplace Surveillance Regulations

Employers must disclose CCTV monitoring in employment contracts or company policies. While consent is not always required, transparency is essential.

4. Residential CCTV Guidelines

Homeowners can install CCTV for security, but they must:

• Avoid pointing cameras directly into neighbouring properties without consent.
• Ensure footage is not used for purposes beyond security.
• Delete recordings regularly unless needed for investigations.

5. Public Space Surveillance

South Africa lacks specific laws governing CCTV in public spaces, leading to legal uncertainty. However, POPIA applies if footage captures identifiable individuals.

Written by a Private Property Reporter | Mar 24, 2025 Article 

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