On 28 February 2025 the City of Johannesburg purported to promulgate the Privately-Owned Closed Circuit Television Surveillance Camera Bylaw (hereinafter referred to as “the Bylaw”), which provides, amongst others, for the obligatory registration of all CCTV camera systems operational within Johannesburg, and which have an angle of view to public places.
SAPOA is concerned, not only about the introduction of the Bylaw, but also regarding its scope and operation. SAPOA has identified a number of deficiencies regarding the Bylaw, including the fact that none of the applications forms provided for in the Bylaw are yet available, and the applicable tariffs have not been published. Furthermore, the Bylaw has not been adopted in accordance with the constitutional and legislated procedural requirements.
SAPOA is accordingly of the view, after having obtained legal advice, that the Bylaw is unconstitutional as it exceeds the powers of the City of Johannesburg.
Following discussions, SAPOA has resolved to institute court proceedings against the City of Johannesburg in order to have the Bylaw declared unconstitutional and invalid, and having it set aside. The court application has been issued and is being formally served on the City.
In light of the mentioned deficiencies and these legal proceedings the City of Johannesburg can no longer attempt to enforce the Bylaw.
Should members be aware of any attempts to enforce the Bylaw, they are requested to notify SAPOA of the details of such attempts by sending an email to ceo@sapoa.org.za