Warnings about new CCTV law

Anti-crime activists and private security companies have warned that a new City of Johannesburg (CoJ) draft by-law for private CCTV cameras facing public areas will harm community-driven crime-fighting.

The by-law requires that people and companies installing CCTV cameras on private properties with a view of a public area, such as an adjacent street, first apply to the CoJ for approval and register the camera.

It also prescribes that no data or information collected through a CCTV camera can be disclosed or shared with any person not authorised to have access to that data.

In addition, all CCTV camera footage or imagery of captured criminal incidents that require further investigation must be kept confidential.

The by-law makes it unlawful for footage capturing a crime or potential suspects to be shared on social media platforms or on mobile chat apps like WhatsApp and Telegram.

In feedback to Sunday Times, well-known anti-crime activist and Crime Watch presenter Yusuf Abramjee alleged there was an ulterior motive behind the by-law.

“This new by-law is here totally because social media has made the state’s failures in curbing crime too visible,” Abramjee said.

“I post hundreds of crime videos a month. If it weren’t for social media users like myself, residents would have no idea about the extent of crime in our country.”

“How can they stop me from sharing footage if it is in the public interest?” 

Eblockwatch’s André Snyman also told the publication that there had been many incidents where criminals would never have been caught if it weren’t for people sharing footage of public spaces from their own cameras.

“Security companies and community policing forums (CPFs) using CCTV footage to track and trace criminals are working,” Snyman said. “Why would you take this important tool away?”

CoJ public safety committee chairperson Sara Wissler defended the by-law in feedback to Sunday Times.

She provided the example of a bank robbery in which the perpetrators fled from the scene and drove through a suburb where they hit a mother and her baby in a stroller.

“If there is footage of this incident [from a private CCTV camera facing the street], the by-law will allow it to be shared with law enforcement but prevent people from sharing it on the Internet,” she said.

“Imagine it was your wife and your child and people you don’t know are watching the footage of their deaths on the Internet.”

“CPFs, and members of the public in some cases, could get footage and share it. Now they will have to go to law enforcement and you can only access it with a case number.”

Wissler said that registration would be free, and the city will not be able to access registered cameras remotely. It can only demand footage from the cameras if it believes it will assist in a crime investigation.

The City of Cape Town’s MMC for safety and security JP Smith told the Sunday Times the CoCT’s draft by-law on CCTV cameras does not block owners of the footage from sharing it on social media or with CPFs.

“We expect a degree of responsibility from our residents when it comes to other people’s privacy,” said Smith.

Snyman also said that Saps officers have frequently complained that the sharing of a suspect’s face on social media would influence identity parades or derail a court case, but labelled this argument as “rubbish.”

“Show me one case that was thrown out or one identity parade that went wrong because someone shared a video on social media,” Snyman said.

“But I can show you many criminals behind bars because of sharing videos.”

Private security companies also asking questions

Several private security companies have also criticised various aspects of the by-law.

Vision Tactical has warned that community-led safety initiatives, including neighbourhood watch programmes and business security collaborations, depended heavily on privately installed CCTV networks to enhance situational awareness.

“If the new regulations create additional barriers for these groups, criminals may exploit the reduction in surveillance coverage, leading to increased security risks,” the company said.

The company has also taken issue with the CoJ needing to give approval for the installation or operation of CCTV cameras in public spaces.

It argues that this has introduced unnecessary administrative hurdles that could slow the expansion of security networks.

“Efficient crime prevention demands swift decision-making and adaptability. Delays in approval processes may leave high-risk areas exposed,” the company said.

Vision Tactical director Yaseen Theba urged the city’s authorities to engage in meaningful consultation with private security firms, businesses, and community leaders to ensure that the by-law was practical, efficient, and supported crime prevention efforts.

“We believe a balanced regulatory approach can provide oversight without compromising security,” he said.

One of the country’s biggest private CCTV network operators — Vumacam — welcomed the by-laws as a key step in making the city safer.

“The proposed by-laws will support the creation of a database of all registered CCTV cameras being used within residential or private property which may have a view of a public space,” Vumacam said.

“In line with our ongoing support for effective regulation of surveillance technologies, we believe that clear, easily applicable by-laws can aid the growth of CCTV-based security systems, providing certainty to residents, law enforcement and users.”

However, Vumacam has sought more clarity on the by-laws’ provision for CCTV footage access.

“This includes the right of private sector security companies to access data versus those rights for public sector law enforcement agencies,” Vumacam said.

“We believe effective access to data by all legitimate and authorised parties is key to maintaining the momentum we have already built in the fight against crime.”