Asked by John on 22-05-2014 08:23:19
Question posted in the Property Law category relating to Gauteng
Question posted in the Property Law category relating to Gauteng
Good day,
I am a simplex owner in a complex consisting of 6 houses. The developer lives on the property (thinking that the complex belongs to him). At the last general meeting we had a dispute about the boundary wall that was repaired poorly. I was also recorded without my knowledge while this person provoked me. This however was not resolved. This tenant lives in the far left hand corner of the property as you come through the gate. He has been a client of Fox Security since I've moved into the complex. Although we've had an incident whereby a casual worker was allowed onto the property by one of the residents, an attempted robbery took place, but not because of lack of security. An electric fence also surrounds the property as almost every complex has. He also switches on his alarm whenever he leaves his house. He has now installed a CCTV camera facing my front door and garage. I feel I can not open my front door for some light or fresh air or he will record whatever the camera records in my lounge area.I feel my rights and privacy have been violated. Please help.
Kind Regards,
John Muldoon.
I am a simplex owner in a complex consisting of 6 houses. The developer lives on the property (thinking that the complex belongs to him). At the last general meeting we had a dispute about the boundary wall that was repaired poorly. I was also recorded without my knowledge while this person provoked me. This however was not resolved. This tenant lives in the far left hand corner of the property as you come through the gate. He has been a client of Fox Security since I've moved into the complex. Although we've had an incident whereby a casual worker was allowed onto the property by one of the residents, an attempted robbery took place, but not because of lack of security. An electric fence also surrounds the property as almost every complex has. He also switches on his alarm whenever he leaves his house. He has now installed a CCTV camera facing my front door and garage. I feel I can not open my front door for some light or fresh air or he will record whatever the camera records in my lounge area.I feel my rights and privacy have been violated. Please help.
Kind Regards,
John Muldoon.
Message from the Lawyer
Posted by Att. Patrick on 22-05-2014 12:34:12
Hi there and thank you for your question,
I think that my answer will half satisfy your question, and also half not satisfy it.
The right to privacy in SA is entrenched in our Constitution, and also in various legislation and the common law. Essentially this right records that you have the right to privacy in places that you would expect to remain private.
Basically, this means that somebody can legally record or video you while you are walking on the street, or in your garden, or standing outside your front door - all without your consent. The idea is that nobody could reasonably expect that their actions while walking down the street or being in their driveway would be 100% private.
This changes however if you are in a place where you would expect privacy. i.e. in your home, in your lounge, in your bedroom, in your bathroom. One would expect there to be privacy there, and in those instances if somebody was to video you there they would infringe on your right to privacy.
If your neighbour has installed CCTV facing the common driveway, and this includes your front door and garage, then legally there is not a lot you can do. Your only option would be to speak to him and ask him kindly to angle the camera away from the front door and garage a little so as to give you some privacy.
If however the camera points into your house, specifically into your lounge, then you should advise your neighbour that it impacts on your right to privacy, and he needs to angle the camera away, otherwise you will ask the Court to intervene in order to order him to remove the camera due to your rights being infringed.
In SA, you can legally record somebodys conversation as long as one of the people in the conversation is aware of it, and has consented to the conversation being recorded.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
I think that my answer will half satisfy your question, and also half not satisfy it.
The right to privacy in SA is entrenched in our Constitution, and also in various legislation and the common law. Essentially this right records that you have the right to privacy in places that you would expect to remain private.
Basically, this means that somebody can legally record or video you while you are walking on the street, or in your garden, or standing outside your front door - all without your consent. The idea is that nobody could reasonably expect that their actions while walking down the street or being in their driveway would be 100% private.
This changes however if you are in a place where you would expect privacy. i.e. in your home, in your lounge, in your bedroom, in your bathroom. One would expect there to be privacy there, and in those instances if somebody was to video you there they would infringe on your right to privacy.
If your neighbour has installed CCTV facing the common driveway, and this includes your front door and garage, then legally there is not a lot you can do. Your only option would be to speak to him and ask him kindly to angle the camera away from the front door and garage a little so as to give you some privacy.
If however the camera points into your house, specifically into your lounge, then you should advise your neighbour that it impacts on your right to privacy, and he needs to angle the camera away, otherwise you will ask the Court to intervene in order to order him to remove the camera due to your rights being infringed.
In SA, you can legally record somebodys conversation as long as one of the people in the conversation is aware of it, and has consented to the conversation being recorded.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the client
Hi Patrick,
Thank you for your quick response. However, I did not know about the camera until I visited my neighbour across the driveway from me.
Thank you for your quick response. However, I did not know about the camera until I visited my neighbour across the driveway from me.
Message from the Lawyer
Posted by Att. Patrick on 23-05-2014 11:18:48
Hi there,
Do you need further information on some aspect?
Att. Patrick
Do you need further information on some aspect?
Att. Patrick
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