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Outa's court challenge against Johannesburg's CCTV by-law raises privacy concerns
Outa's court challenge against Johannesburg's CCTV by-law raises privacy concerns

IOL News

time09-07-2025

  • Business
  • IOL News

Outa's court challenge against Johannesburg's CCTV by-law raises privacy concerns

Organisation Undoing Tax Abuse (Outa) is taking the City of Johannesburg to court to challenge the legality of the new by-law on CCTV cameras. Image: Henk Kruger / Independent Newspapers The Organisation Undoing Tax Abuse (Outa) is intensifying its fight against the controversial new by-law requiring residents to register CCTV cameras monitoring public spaces. The organisation has announced that it is taking the City of Johannesburg to court, challenging the regulation introduced in February. Outa said it is challenging the legality of the City of Johannesburg's new by-law on privately owned CCTV, which sets up convoluted rules requiring registration and city access to private data. Advocate Stefanie Fick, executive director for the accountability division, said the metro should police the city, not residents' CCTV cameras. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The case, which was filed in the Gauteng High Court, Johannesburg, on June 18, is against the city and its municipal manager. As opposition against the new by-law grows, the SA Property Owners Association (Sapoa) also filed an application at the Johannesburg court to declare it invalid. Fick said Outa is still awaiting an indication of whether the city intends to oppose the action. The city's spokesperson, Nthatisi Modingoane, did not respond to messages and calls. Fick said the notice of motion calls for the court to declare the city's privately-owned CCTV by-law invalid and unconstitutional, and set it aside. It also calls for the city to provide the records relating to the public participation, adoption, and promulgation of the by-law. 'This by-law was passed by the city council on February 21, 2025, with the meeting minutes showing support from 15 parties (including the ANC, ActionSA, EFF and PA) and dissent by two parties (the DA and ACDP),' she said. Fick said the group believes that the by-law is convoluted, irrational, places unreasonable burdens on private businesses and residents, raises privacy concerns, and is unworkable. She said the organisation wants the by-law overturned due to: Lack of public participation; Conflict with Section 156 of the Constitution regarding the powers of municipalities; Lack of rationality; and Infringement of the constitutional rights to property (Section 25 of the Constitution), privacy (Section 14), and freedom and security (Section 12). Fick said the public participation process is essential, and calls for the by-law to be declared invalid 'for want of sufficient public participation'. 'Given the extent and impact of the by-law, it appears that limited public participation took place, alternatively, that there was insufficient community participation,' she said. Outa questioned the legality of the by-law, arguing that the city's powers are limited by the Constitution and the South African Police Service Act, and these do not appear to allow a municipality to exercise direct authority over private property such as privately owned CCTV cameras. 'The City of Johannesburg may regulate its own CCTV camera systems as it deems fit, but it exceeds its powers by directly interfering with private property rights. 'It would appear that the city is usurping policing functions by commandeering private CCTV camera systems aimed at ensuring the safety and security of individuals, communities, and property within the city, which safety and security responsibility is primarily the function of the national and provincial government. For this reason, the COJ is overstepping its executive and legislative authority,' said Fick. Outa also added that the city's registration process is irrational, cumbersome, and unimplementable. The by-law requires 'prior written approval' from the city for installing, using, or upgrading CCTV cameras, which include coverage of public space, to provide the city with plans and motivations for such cameras, get sign-off from a registered engineer, reapply each year, and pay fees to the city. It also allows the city to simply confiscate, without a court order, any equipment it deems to have overstepped the by-law. The organisation said the by-law also requires that each CCTV camera must record and store data for a minimum period, but this is incoherently stated and effectively outlaws cameras that provide only real-time monitoring. Fick added that the by-law blocks sharing of data with community policing forums or private security companies, restricting it to use by the SAPS and Johannesburg Metro Police Department (JMPD) only. CCTV cameras must carry labels with owners' names and contact details, which creates privacy issues. There are additional restrictions for commercial applicants, and Fick called the demand for fees 'nothing more than a scheme to secure additional revenue for the city, which is financially crippled' and a double tax for owners who have already paid VAT and probably import duties on their CCTV equipment. 'Outa believes this by-law will undermine community safety initiatives, which means the by-law will effectively have the opposite effect of what is intended. The by-law appears to grant city officials the right to enter private property at any time to inspect the cameras, which is an invasion of privacy and open to abuse.' Threats to confiscate unregistered cameras or those of which the city does not approve would be arbitrary deprivation or expropriation without compensation, said Outa, adding that the requirement that owners must simply hand over all data is unnecessary, as 'far less intrusive alternatives' already exist in law, including the subpoena system for investigation and prosecution, or simply asking CCTV owners for help. 'The registration requirements raise concerns over privacy, and the city's handling of data and potential for misuse. If the city takes all footage with access to public space, it follows that much of that footage will also include images of private space. What a person does within the boundaries of his property is private, and the City of Johannesburg must not intrude on this privacy,' said Fick, who added that the by-law is unimplementable, and would not improve security.

Call for Transport Minister to suspend penalties for motorists amid driving licence backlog
Call for Transport Minister to suspend penalties for motorists amid driving licence backlog

IOL News

time19-06-2025

  • Automotive
  • IOL News

Call for Transport Minister to suspend penalties for motorists amid driving licence backlog

The Organisation Undoing Tax Abuse (Outa) has asked Transport Minister to suspend penalties related to expired driver's licence cards for motorists who have applied for renewals. Image: File photo: INLSA The Department of Transport is facing mounting pressure to address a significant backlog of driving licence cards, currently standing at 690,000, following the breakdown of its sole card-printing machine in April. As the department works to reduce this backlog, which has decreased by approximately 43,000 from the previously reported 733,000, stakeholders are urging Transport Minister Barbara Creecy to waive fines for motorists affected by the delays. The Organisation Undoing Tax Abuse's (Outa) Advocate Stefanie Fick on Tuesday wrote to Creecy and asked her to consider announcing a moratorium on fines related to expired driver's licence cards for motorists who have already applied for renewals, and that no temporary licences should be required until all backlogs have been cleared. She also requested the department to consider issuing public communication of this moratorium through all official channels, including the Road Traffic Management Corporation (RTMC), provincial traffic authorities and traditional and social media. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Fick added that the department must provide clarity to all enforcement officials to prevent unwarranted fines and harassment of motorists. Department of Transport spokesperson, Collin Msibi, confirmed it received the letter which is being processed internally for the Minister's attention. Fick said it was important to note that during the Covid-19 pandemic, the department recognised the exceptional circumstances and issued blanket extensions on the validity of expired driver's licences, allowing the public reasonable leeway while the system was caught up. She said this temporary relief was an example of fair, compassionate governance in the face of operational disruption. 'We urge the department to take a similar approach now, especially given that this crisis stems from internal systemic failures rather than a national emergency,' Fick said. Creecy recently revealed that the department spent over R12 million on the repair and maintenance of the printing machine over the past three years. The department has been trying to procure another machine for years, but repeatedly cancelled and reissued the tender. In August last year, the department announced that it had appointed Idemia and Security South Africa as the preferred bidder for a tender to print new driving licence smart cards. However, Outa's investigation uncovered irregularities and handed the report to Creecy, who in turn passed it to the Auditor-General (AG). In March, Creecy announced that the AG investigation identified instances of non-compliance with the required procurement procedures, and added that she instructed her department to lodge a High Court application for a declaratory order regarding the tender. Fick said Outa is still waiting for clarity on the contract process. Cape Argus

Outa urges Transport Minister to suspend penalties for motorists amid driving licence backlog
Outa urges Transport Minister to suspend penalties for motorists amid driving licence backlog

IOL News

time18-06-2025

  • Automotive
  • IOL News

Outa urges Transport Minister to suspend penalties for motorists amid driving licence backlog

The Organisation Undoing Tax Abuse (Outa) has asked Transport Minister to suspend penalties related to expired driver's licence cards for motorists who have applied for renewals. Image: Karen Sandison / Independent Media The Organisation Undoing Tax Abuse (Outa) has called for the Minister of Transport, Barbara Creecy, to waive fines and temporary licences for those whose new driving cards are stuck in the ongoing backlog. This comes as the Department of Transport (DoT) scrambles to clear the driving licence card backlog, which was caused by the breakdown of the sole card-printing machine earlier in April. Last week, DoT reported a backlog of 690,000, down roughly 43,000 from the 733,000 that was announced a week ago. On Tuesday, Outa's Advocate Stefanie Fick wrote to Creecy and asked her to consider announcing a moratorium on fines related to expired driver's licence cards for motorists who have already applied for renewals and that no temporary licences should be required until all backlogs have been cleared. She also requested the department to consider issuing public communication of this moratorium through all official channels, including the Road Traffic Management Corporation (RTMC), provincial traffic authorities and traditional and social media. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Fick added that the department must provide clarity to all enforcement officials to prevent unwarranted fines and harassment of motorists. 'Recent reports confirm that the Department of Transport is currently experiencing a backlog of approximately 733,000 to 747,500 unprinted licence cards, with delays attributed to issues with card machines, administrative inefficiencies and high demand," Fick said, adding that many law-abiding motorists could be issued fines by law enforcement officials for not physically possessing their renewed cards, even when they hold receipts or valid temporary licences proving compliance. She said this practice would be unfair, adding that the public is being penalised for failures which is not their making but because of a broken system that is currently unable to meet service delivery expectations. DoT spokesperson Collin Msibi confirmed that the department received the letter and it is currently being processed internally for the Minister's attention. Fick said it was important to note that during the Covid-19 pandemic, the DoT recognised the exceptional circumstances and issued blanket extensions on the validity of expired driver's licences, allowing the public reasonable leeway while the system was caught up. She said this temporary relief was an example of fair, compassionate governance in the face of operational disruption. 'We urge the department to take a similar approach now, especially given that this crisis stems from internal systemic failures rather than a national emergency,' Fick said. Creecy recently revealed that the department has spent over R12 million on the repair and maintenance of the printing machine over the past three years. The department has been trying to procure another machine for years, but repeatedly cancelled and reissued the tender. In August last year, the department announced that it had appointed Idemia and Security South Africa as the preferred bidder for a tender to print new driving licence smart cards. However, Outa's investigation uncovered irregularities and handed the report to Creecy, who in turn passed it to the Auditor-General (AG). In March, Creecy announced that the AG investigation identified instances of non-compliance with the required procurement procedures, and added that she instructed her department to lodge a High Court application for a declaratory order regarding the tender. Fick said Outa is still waiting for clarity on the contract process.

Concerns over government spending on outdated driving licence printing machine
Concerns over government spending on outdated driving licence printing machine

IOL News

time09-06-2025

  • Business
  • IOL News

Concerns over government spending on outdated driving licence printing machine

Government continues to spend millions repairing and maintaining its only driving licence card printing machine. Image: SUPPLIED The Organisation Undoing Tax Abuse (Outa) said it is concerned at how the government continues to spend millions of Rands maintaining its only driving licence card printing machine and the costs to catch up with backlogs. The organisation said this is concerning because the government has been talking obtaining about a new licence card machine for the past 10 years. This was after Transport Minister, Barbara Creecy, revealed that the machine had been out of service for 38 days since April 1, resulting in a backlog of 733,000 licence cards. Creecy disclosed this in response to a written parliamentary question from Rise Mzansi leader, Songezo Zibi. Zibi asked how many times the machine had broken down in the past three financial years, including since the start of the 2025/26 financial year. He also wanted to know how much had been spent on repairs during this period and how much overtime had been paid to employees due to lost printing time as a result of the breakdowns. Creecy revealed that the machine was broken for 26 days in the 2022/23 financial year. In 2023/24 it was broken for 48 days. It was also broken for 17 days in 2024/25. The department paid R9,267,862 for the repair and maintenance in 2022/23. It paid R1,651,772 in 2023/24, R544,747 in 2024/25, and R624,988 so far, totaling R12,089,370,64. The department also had to fork out R4.4 million for overtime payments between the 2022/23 and 2024/25 financial years. Creecy said it takes four people to operate the machine. She said she has directed that a declaratory order be sought from a competent court on the tender to acquire a new machine, in order to ensure that no further irregular expenditure occurs. In March, Creecy announced that she had instructed her department to lodge a High Court application for a declaratory order regarding the licence machine tender -awarded to Idemia and Security South Africa. Her decision was influenced by the findings from the Auditor-General (AG) report, which identified instances of non-compliance with the required procurement procedures. Outa's chief executive officer, Wayne Duvenage, said the organisation was also concerned by the length of time it takes for the department to get the court to nullify the contract - riddled with irregularities and potential corruption. 'Why does it take so long to get this process done?' he asked. 'Lots of money spent on maintaining and overtime costs to catch up with backlogs. This is very concerning. The government has been talking about a new driving licence card machine for about 10 years now, with multiple tenders awarded and cancelled for the past 5 years and still, we are nowhere near resolving this issue. Incompetence and political interference at its best,' Duvenage said. Department of Transport spokesperson, Collen Msibi did not respond to a request for comment.

Mashatile, Ministers under fire for R200 million travel bill, including R900,000 Japan stay
Mashatile, Ministers under fire for R200 million travel bill, including R900,000 Japan stay

IOL News

time07-06-2025

  • Politics
  • IOL News

Mashatile, Ministers under fire for R200 million travel bill, including R900,000 Japan stay

The Organisation Undoing Tax Abuse (OUTA) has thrown its support behind a new bill aimed at reining in unchecked benefits for ministers. Image: Supplied Ministers in the Government of National Unity (GNU) have spent more than R200 million in travel expenses since assuming office last year, ActionSA revealed. The party said this figure was compiled through its GNU Performance Tracker, following the latest replies to our parliamentary questions submitted to every Minister, including the President, Deputy President, and the Minister of Sport, Arts and Culture. This painted a damning picture of executive indulgence at a time of deep economic crisis, ActionSA said in a statement. This week, the party revealed that Deputy President Paul Mashatile and his staff have incurred over R2 million in travel-related expenses for transport and accommodation since last year This included spending over R900,000 on just four nights' accommodation in Japan. In a written reply, Mashatile said all these occurred due to his international trips: to Ireland, Botswana, Zimbabwe, and, recently, Japan. He stood in for President Cyril Ramaphosa on other trips. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ In addition to this, Sports Minister, Gayton McKenzie, and his department have spent about R6.6 million on international travel. Among the most shocking items is a R164,556 payment for a trip to Burkina Faso that never took place. 'Not only is this spending exorbitant, but it is riddled with red flags, gaps, and inconsistencies,' it added. ActionSA said the public paid for flights and accommodation for an event that was ultimately abandoned, a textbook case of wasteful expenditure, as defined by the Public Finance Management Act. Defending his ministry, McKenzie said it would not be right to expect ministers not to fly business class on long flights. In a statement, ActionSA MP Alan Beesley condemned these as wasteful expenditures, saying that it was enough to build a decent home for a family in need for each night they spent in luxury. 'South Africans deserve leadership that puts people before perks and not an R200 million travel spree by the world's largest cabinet,' Beesley said.

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