A well-intentioned cleanup operation in Johannesburg earned its organisers a hefty fine last weekend when metro police confiscated their banners and accused them of illegal advertising.
The volunteer cleanup by Better Fourways was one of several such initiatives in recent years by communities rolling up their sleeves to perform the tasks that the municipality itself fails to take care.
Even President Cyril Ramaphosa urged residents to get involved during a visit to the city earlier this month, describing conditions in the city — which is hosting high-profile G20 gatherings this year — as “not very pleasing”.
Retired project manager Raffaella Carnicelli told the Sunday Times she and her Better Fourways team had been clearing litter and detritus along the stretch of Witkoppen Road.
“We put up our banner and some teardrop flags with our logo on for visibility and to communicate to motorists who we were, so they could see that Better Fourways was out there cleaning up the place,” she said.
But just as they were finishing members of the Joburg Metro Police Department arrived, confiscated all their banners and flags and issued the team with a R5,864 fine.
Carnicelli complained about the “heavy-handed” intervention on social media, attracting support and encouragement from the local community.
“I think what JMPD was unfair and wrong,” Carnicelli posted. “Just a short distance from where we were, hobo cops were illegally directing traffic and they did nothing about it. Across the road there were a bunch of hawkers, and the cops didn’t take their stuff. There was a mobile trailer nearby with a big advertising banner on it that looked like it had been standing there for months — but apparently that’s OK.”
JMPD spokesperson Xolani Fihla said the officers were simply enforcing the city’s outdoor advertising bylaws.
“They [Better Fourways] did not have the necessary prior written approval from the city, meaning they were in violation. Their flags and banner were impounded as they were considered unauthorised advertising materials,” Fihla said.
He said the fine was not R5,864 but R3,864 — the “5" was really a badly written “3".
“The calculation of this amount is based on the specific penalties outlined in the city’s outdoor advertising bylaws for such infringements. The illegibility of the handwriting on the fine led to confusion about the correct amount.”
Fihla acknowledged that Better Fourways had raised a valid concern regarding the consistency of enforcement.
Carnicelli said her post on social media had garnered wide attention, for which she was grateful. She launched Better Fourways 18 months ago, modelling it on Better Bedfordview — a community action group that also organises clean-ups and civic improvements.
Julia Fish, regional manager of the Johannesburg Community Action Network, said activists had to follow the rules, particularly when working in public spaces and municipal property.
“Both the outdoor advertising and the public roads bylaws require ‘application and approval’ for public work on municipal land and to erect anything on public space,” she said.
But the Better Fourways case was “overreach and extreme interpretation of the bylaws [by the JMPD], especially in the face of other inaction like the informal pointsmen”.
Fish said the metro police usually targeted informal traders “like the local dog-bed sellers at the park, or basket traders on street corners”.
But in other cases a cleanup crew on Jan Smuts Avenue had been arrested, and residents who filled potholes or repainted street signage had been threatened with legal action.
“On one hand, we cannot call for bylaw enforcement and policy adherence from government if we as citizens don’t follow the rules when it suits us,” Fish said.
“On the other, many of these bylaws and regulations are not known to communities who are just trying to be active citizens and fill the gap of service delivery in their areas.”
Devon Steenkamp, councillor for ward 134, said that technically the JMPD had been in the right to fine Better Fourways.
“It’s unfortunate, as Better Fourways do excellent work in the area. But technically, any advertising material requires prior approval, regardless of the organisation’s intent.”
Community activist Nikki Belt, co-founder of Community Heroes in Randburg, said the group had never encountered JMPD problems since it launched more than a year ago.
“We work with our ward councillor, who helps us get stuff done legally. We’ve met with the deputy director of JMPD and he often sends his guys out to help us,” Belt said.
She said it was possible to get training in pothole repairs from the Johannesburg Road Agency. The agency was willing to let residents perform the work, which it would inspect once complete to see if the repairs were up to standard.
Community Clean-Up: Notify your ward councillor who will connect you to the relevant authority for coordination with Pikitup, City Parks or Joburg Roads Agency (JRA).
Banners or promotional material: Get written approval from the metro's outdoor advertising unit. Documents and applicable by-laws are on their website.
Cleaning up a road: Road activities require a wayleave from JRA. Applications at www.jra.org.za/wayleaves/
Pothole Repairs: It is illegal to fix a pothole without an approved wayleave from JRA. Report potholes on 0860 562 874 or email hotline@jra.org.za.
Source: Ward 134 Councillor Devon Steenkamp
— QUICK GUIDE TO JOBURG COMMUNITY ACTION
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