‘You can’t spy on us’
The Johannesburg Roads Agency must explain why it initially granted a company applications for the installation of CCTV ‘spy’ cameras in areas of the city but has now backtracked.
Suspension of applications and installations unlawful, says company.
The Johannesburg Roads Agency (JRA), an entity of the City of Johannesburg, has stopped granting permission for the erection of close-circuit television (CCTV) cameras in the suburbs – even though it had previously approved such systems.
Now it is involved in a complex legal battle with a company installing the systems, Vumacam.
“The JRA has not suspended the granting of wayleaves for Vumacam’s smart CCTV system specifically,” said Vumacam spokesperson Natacha Cunningham.
“They are holding on approving all wayleaves for any CCTV and aerial wayleaves applications in the public space. This is not aimed at Vumacam.”
Cunningham said JRA did have the authority to grant authorisation for Vumacam to install poles with cameras “and has in fact approved hundreds of wayleaves to date”.
But it was Vumacam which approached the courts first.
In an affidavit responding to Vumacam’s application, JRA acting chief executive Victor Rambau detailed the agency’s reasons for suspending the CCTV wayleave applications – which are the formal permissions to erect installations on municipal property.
Rambau claimed that the system Vumacam intended to rollout was in violation of the right to privacy of private individuals and JRA had no authority to approve such a system.
“…the court will appreciate that this application is not just about wayleaves, which in simple terms, [is] a ‘permission to cross the way’. Vumacam wants to install surveillance cameras to monitor movements of innocent people and sell the footage to third parties,” he stated.
Rambau said even if the court were to grant the application, it would be of no use as the JRA had not legislative authority to grant authorisation or policy for a system intended to “spy” on private citizens without their knowledge.
The court application called on the JRA to explain how Vumacam’s wayleaves were initially approved.
Court papers filed before the High Court in Johannesburg show between October 2019 and April this year, the JRA had granted Vumacam, a total of 64 wayleaves for CCTV purposes to fight crime in Joburg suburbs. Vumacam wants the court to declare JRA’s decision to suspend aerial and CCTV wayleave applications unlawful and invalid.
In his affidavit, Vumacam chief executive Ricky Croock stated since March this year no wayleaves had been granted to Vumacam.
He stated at first Vumacam’s wayleaves applications to JRA would generally be granted within 48 hours.
“…from April 2019, Vumacam started experiencing difficulties in obtaining the relevant wayleaves,” he said in the affidavit.
He said the applications were made in compliance with the requirements set out by the bylaws and submitted between August 2019 and March this year.
“The JRA has still not accepted and issued the required wayleaves. The result is that Vumacam is unable to complete the installation of its CCTV network in the affected areas,” Croock stated.
He deposed that Vumacam did not complain about the delay at first, on presumption it was caused by the Covid-19 lockdown.
It was only on 9 June when JRA sent a letter stating “the JRA had been temporarily closed, but would now be accepting wayleave submissions from 10 June 2020”, however, “aerial and CCTV wayleave applications are still suspended until further notice” making it clear from the JRA’s own document “that it will no longer consider Vumacam’s applications at all”.
This application is not just about wayleaves