Cape Town - The City’s invitation to comment on its Draft Filming By-law has caused concern among Cape Town’s iconic Bo-Kaap neighbourhood residents.
The residents fear the proposed by-law amendments will negatively affect the community with congested streets and noise pollution but provide few economic benefits.
The City’s Events and Film Department hopes the new by-law, which gives the City powers to identify the types of filming activities that require a film permit and to simplify the permit application and appeals process, will replace the previous one from 2005.
Mayco member for safety and security JP Smith said the Filming By-law amendments align with the council’s 2022 film policy positioning Cape Town as a globally competitive film destination.
Smith said: “We believe this by-law will allow our film permit office to better identify where and when filming is taking place on private property and to mitigate any possible challenges that residents and film-makers might have.”
Bo-Kaap residents fear that while the City is clear on its powers to control and monitor filming in Cape Town, the proposed by-law will not protect the historic neighbourhood’s basic human, cultural, religious and property rights against commercial filming.
In a letter to the Cape Argus, Bo-Kaap resident Professor Mogamat Faadiel Arnold said: “The City has been elected to protect the human and constitutional rights of the citizens, not to marginalise their rights in favour of filming permits.
“The core ethics and laws relating to filming in public places rests on respecting privacy rights and the international ethics of research and filming is the non-intrusion of indigenous, local cultures and religious practices.”
Arnold said while Bo-Kaap was one of the most sought-after locations in the world for its Islamic culture, its mix of architectural styles, quaint streets and magnificent views, it is also a heritage area.
He said residents often felt disrespected by financially motivated film organisations that negotiate with filming companies and the City at the expense of the people, their faith, culture and private dwelling rights.
“Filming must not over-arch the dignity of human rights and must not superimpose Eurocentric culture over South African culture and ethics.”
Bo-Kaap Civic Association chairperson Osman Shaboodien said the association would study the proposed by-law to see how it affected the area’s “living culture”.
Shaboodien said: “We have certain conditions and criteria. For instance, we don’t want the filming of alcohol or bikini adverts in the area.
“We believe that during filming in our neighbourhood, things such as ensuring free unhindered access to the mosque during prayer times is vital.”
He said they would be looking to see if they were allowed to vet the scripts to be filmed here.
“We have had nasty experiences in the recent past where in one film they portrayed Bo-Kaap as an Isis hideout.”
He said Bo-Kaap residents did not want to be stigmatised.
Shaboodien said there was a need for some sort of mechanism put in place so that communities in the City generally could also benefit from filming.
“We are happy for the City to benefit, but neighbourhoods around Cape Town should have some sort of community chest set up so that when filming is booked with the City, a certain amount goes to the communities.
“This would help make those communities more tolerant of the upheavals caused by filming on their doorstep.”
Safety and Security Portfolio Committee chairperson Mzwakhe Nqavashe said: “We want to ensure that we pass a by-law that takes into account the views of all those impacted by these amendments.”
Interested parties can submit comments, input and recommendations by email to: Filming.Bylaw@capetown.gov.za
Written submissions: Attention: Terence Isaacs, Film and Events Department, 10th Floor, Tower Block, Cape Town Civic Centre, 12 Hertzog Boulevard, Cape Town 8000. Call 021 444 7691 between 8am and 4.30pm on weekdays
mwangi.githahu@inl.co.za