Cape Town Photographers protest regarding permits

[d7e7r7]

After reading the ODP thread, I'm posting the topic here as well to try and get as much people aware of it as possible...

About Cape Town Photographers Association (CTPPA)
Facebook Page
About the permit saga
Let the protest begin

 

[BigAl-sa]

I really can't see how they can enforce this. The powers that be can't even stop people using cellphones whilst driving.

 

[akescpt]

Just for clarification private ppl taking pics is still ohk right? This just for commercial shoots, micro as they refer to it? So what happens if a couple asks me to take pics of them in various locations, do I require a permit for that? Ridiculous! Money grubbers. More disilusionment with the DA led government.

 

[d7e7r7]

Just for clarification private ppl taking pics is still ohk right? This just for commercial shoots, micro as they refer to it? So what happens if a couple asks me to take pics of them in various locations, do I require a permit for that?

Well someone posted on the Facebook page:

Repost from Kiki: So today, I was doing a little test shoot vibe just for fun at a local park {Northern suburbs, Plattekloof} with some little girls in princess dresses, and the police pull up in a menacing way and ask if I have a permit. *sigh* I say "No" he asks if I am making a movie {heh} I say "No" He looks menacingly at me and says something about it being council property and me needing a permit and what if one of the girls get injured? So, I took the old fashioned damsel in distress route, fluttered my eyelashes, smiled coyly, said I would remember for next time and it totally worked. They left us to shoot but obviously I won't be able to shoot there again in future. {why must we suffer so much?}
I must add that I went home and took my protest photo straight away!

Now I don't know what her setup was but you get the idea...

Ridiculous! Money grubbers. More disilusionment with the DA led government.

The weird thing is that atm, getting a permit is free, just the admin part that's an unnecessary hassle.

 

[akescpt]

I don't trust this free business. Its like this dog registration. Free now but who knows when they have a record of u!

Have they adopted the best practise from overseas? Doesn't sound good. So do wedding photographers need a permit for their shoots as well? Definitely sounds like it.

 

[Paul Hjul]

Well one approach they could adopt to piss on the city's batteries is to use the Regulation of Gatherings Act (205 of 1993). Basically contrary to many municipality's implementation this Act affords a right to conduct gathering after giving notice- not applying for permission - and as one has a gathering newsworthiness kicks in and more importantly the very framework of the by-law makes it clear that the primary intentions of the bizarre extension of a permit regiment pertains to interference with traffic and what not. Ordinarily the RGA should not be used as a means to conduct an assembly for such a commercial venture but the definition of gathering applies to this case:

gathering means any assembly, concourse or procession of more than 15 persons in or on any public road as defined in the Road Traffic Act, 1989, or any other public place wholly or partly open to the air -
(a) at which the principles, policy, actions or any failure to act of any government, political party or political organization, whether or not that party or organization is registered in terms of any applicable law, are discussed, attacked, criticized, promoted or propagated; or
(b) held to form pressure groups, to hand over petitions to any person, or to mobilize or demonstrate support or opposition to the views, principles policy, actions or omissions of any person or body of persons or institutions, including any government, administration or governing institution;

The reality is that each shoot for which notice is given under the RGA is a protest action - and T-Shirts or placards should accompany them.

Now the conditions of the gathering set out in the notice carry weight so in the notice it states photographs or video will be taken. The municipality is going to have to have to hold dozens of meetings under the RGA because they aren't going to like the demonstrations and every prohibition - which they will do unlawfully - is subject to review not at the High Court but at the magistrates office as an urgent matter - there is a 24 hour filing rule in the Act. The Act does not give municipalities the power to charge costs and it isn't an application.

Strategically allthat is required is 100 or so notices of gathering filed (which can be for different days long in advance) on one day from amongst the photographers in Cape Town with either an attorney or person knowledgeable under the Act (who would then need to be the "convenor" for the gatherings) and a readiness to make the office in Cape Town responsible for the RGA unworkable. One very important provision in the RGA is that the municipality must notify you within 24 hours if they wish to call a meeting otherwise the gathering is protected under the Act. If you have a few other gatherings of a more protest nature - COSATU and co - the SAPS guys in Cape Town will have a bloody hernia. The DA might seek an interdict from the High Court to ban gatherings involving photographers but but will have a real mountain to climb (a real mountain not like Table Mountain) to get any sympathy from the court in wanting to directly infringe on the basic rights of assembly and free expression as well as to undermine a national statute (which the City of Cape Town has recently defended in the Constitutional Court) because the City is introducing an idiotic by-law.

Section 4(3)
If a convenor ... has not within 24 hours been after giving notice ... been called to a meeting in terms of ... the gathering may take place in accordance with the notice ...

More significantly because Section 6 of the Act creates this specific function for the magistrate to Act in review the poor magistrates' office is going to be cleaning up Cape Town's mess and probably municipal fine matters will simply be put on hold. If Cape Town simply shirks off and doesn't oppose any of the gatherings the cops will climb on them and if they want meetings they have a ton of meetings to try to hold. In short they have an unworkable mess. But quite frankly inherently unjust pass-law statutes are easy to make ungovernable and should be made so. A government faced with such protest must either give up or resort to draconian laws thankfully the DA and ANC notwithstanding the high number of former nats and other fascists in the organizations do not have that luxury really.

 

[d7e7r7]

Very interesting take on the issue Paul...
So in effect you are saying photographers should give notice under the Regulation of Gatherings Act instead of applying for a photography permit?

 

[Paul Hjul]

Yep. Of course they would need to also protest at the shoots for which they are giving notice. You'd need to have the photographers who are doing this being clued up on the fairly simply statute and ready to attend the meeting that can be called and to stand their ground. What is really nice about the Act though is that there is a no costs provision pertaining to the magistrates court review - so CT can send in a team of lawyers if they like and end up footing the bill regardless of how the magistrate feels.