On 28 February 2025 the City published the Bylaw and indicated that it has been promulgated, and is taking immediate effect. The Bylaw provides, amongst others, for the following:

  • The Bylaw applies to all CCTV cameras, mobile cameras, and drone cameras operating in a public space, or on private property with a view or angle of coverage to public space, which are installed within Johannesburg.
  • No person may install or use a CCTV camera, or continue to use an existing CCTV camera, unless prior written approval has been obtained from the City.
  • Prior to applying for approval, a property owner must first apply for pre-evaluation.
  • Approval is only valid for one year, and has to be renewed annually.

SAPOA took legal advice on the issue, and was advised that, not only is the Bylaw legally ineffective, due to the fact that it has not been properly promulgated in the Provincial Gazette, but it is also unenforceable, as the Bylaw is incomplete, and most of the forms referred to are not yet in existence.

Members were accordingly advised that the City cannot yet enforce the Bylaw, and that any enforcement attempts may be resisted.

A few weeks thereafter, both AfriForum and the Organisation Undoing Tax Abuse (OUTA) launched separate court applications, seeking similar relief. Both these matters were launched more than a month after SAPOA’s challenge, and SAPOA’s matter was the first of the three challenges to be heard in court.

The City opposed the relief sought by SAPOA, but failed to take any further steps in the litigation, and specifically failed to deliver any opposing affidavit. SAPOA’s legal team accordingly proceeded to set the matter down on an unopposed basis.

Days before the hearing of SAPOA’s application, however, the City Council repealed the Bylaw, and provided proof thereof the evening before the matter was set down to be heard. The City was therefore ordered to pay SAPOA’s costs of the application, with the application being withdrawn by virtue of the fact that the Bylaw was no longer operative and the matter had therefore become moot.

SAPOA is currently in the process of collecting its legal costs from the City through the taxation process.