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Local – Organisation Undoing Tax Abuse (OUTA) CEO Wayne Duvenage claims that the City of Johannesburg’s controversial new CCTV bylaw amounts to an unconstitutional overreach.
The legislation compels residents and businesses to register any camera that captures a public space, including pavements or driveways.
It imposes technical standards, introduces licensing fees, and grants the City access to footage, raising serious legal and privacy concerns. This comes at a time when communities are already stepping in to fill the gaps left by inadequate policing.
In many suburbs, residents have installed their cameras and rely heavily on neighbourhood watch groups and private security firms. Critics believe the bylaw risks undermining these grassroots safety efforts.
“Firstly, we believe that the whole process lacked meaningful public consultation and participation with a number of stakeholders. And that’s very important in law”
“We also believe that it conflicts with the constitution regarding the powers of municipalities. We don’t believe they have the power to exercise this nature,” said Duvenage.
The bylaw also restricts how and with whom footage can be shared, making it difficult for communities to coordinate crime prevention. Duvenage warned that the new rules would leave people exposed and could weaken existing community safety networks.
“If they are being forced to take their camera systems down, then their security is at stake. They become vulnerable because we rely as communities … to monitor movements to defend ourselves against break-ins and so forth.”
“Unfortunately, in this country, you have to incur additional expenses just to negate the poor service delivery of the government.”
The City insists that it is merely regulating the use of CCTV and not banning it. However, OUTA argues that the process must be rational and inclusive.
While not opposed to regulation in principle, Duvenage emphasised the importance of public input and practical design.
“We don’t necessarily want to take them down… but it’s far too onerous and draconian now. So change it—but change it with our input, and then we’ll see if we can agree. If not, we’ll have to challenge it again in court.”
OUTA has filed legal papers and is prepared to argue the case before a judge. Duvenage remains confident in their position and said the City may struggle to implement the bylaw even if it wins in court.
“According to our lawyers, it’s a very strong case … If the court rules in the City’s favour, it’ll be interesting to see how they implement it … This will be met with massive resistance from communities and the public.”
