18 Aug 2025
In an update to our Executive Brief from March this year. A
pivotal moment for public-private security collaboration, the City of
Johannesburg’s announced intention to repeal its controversial Public
Surveillance By-Law is a significant and positive development for the business
community. We discussed the by-law's potential impact, and
this update confirms that the widespread concerns from civil society and
business leaders were heard. The legislation drew formidable legal challenges from
groups like AfriForum and the Organisation Undoing Tax Abuse (Outa), who argued
it was unconstitutional. Its planned repeal averts a serious operational
handicap and reinforces the essential value of public-private security
partnerships, which have become a cornerstone of community safety.
The Risks the Repeal Will Avert
The by-law's scope was exceptionally broad, extending far
beyond traditional CCTV to include modern security tools like drones, body
cameras, and Automatic Number Plate Recognition (ANPR) systems. This wide reach
would have created a significant administrative and financial drag on any
organisation investing in security. As our Managing Director Adriaan Otto noted
in March, "While regulation is necessary to ensure responsible
surveillance, there is a risk that these restrictions could slow down crime
prevention efforts." His concern highlighted that "any additional
administrative burden should not come at the cost of public safety." This
burden would have included annual registration fees per device and arranging
municipal inspections, diverting critical funds and personnel away from
proactive security duties towards compliance paperwork.
The by-law’s most critical flaw, however, was its clause
restricting the sharing of surveillance footage to only SAPS or JMPD. In
practice, this would have dismantled the collaborative networks between private
security, community policing forums, and businesses. It would have crippled the
use of security technology as a real-time, preventive tool, directly hindering
the proactive measures that are essential for modern crime prevention in a
fast-paced urban environment.
The Opportunity for a Proactive, Integrated Security Model
This planned repeal is vital because it preserves the
ability of businesses to use surveillance as a proactive, intelligence-led
tool. Modern security effectiveness depends on an integrated model where
technology, expert human analysis, and seamless intelligence sharing work in
concert. It involves fusing data from various sources—like ANPR flags and live
CCTV footage—into a single, coherent operational picture. This allows trained
analysts to identify suspicious patterns, verify threats, and escalate intelligence
to response teams before an incident occurs. The repeal ensures this effective,
collaborative approach can continue, allowing surveillance to function as an
active defence mechanism rather than just a passive recorder.
Strategic Takeaways for Business Leaders
As this repeal moves toward finalisation, business leaders
should prepare for the opportunities it presents by taking a more strategic
view of their security apparatus.
Further Reading:
Good news about CCTV restrictions in South Africa –
City of Joburg to repeal private CCTV by-law–
Johannesburg's New CCTV By-Law: Balancing Security and
Regulation–