POLICY STATEMENT - Filming in eThekwini Municipality
1. eTM is in favour of encouraging filming in the City and has established, within the Economic Development Department, the Durban Film Office whose object is, inter alia, to assist filmmakers in their dealings with the local bureaucracy - whether at local, provincial or national government level
2. The law applicable in the eThekwini Municipality is more liberal than in other South African cities. It does not restrict filming in public places except where the use of the road or other public place concerned is disrupted by filming activity - provided that the rights of the individual under the constitution and the common law are respected. Filming or other behaviour which violates the rights of the public to use the roads and other public places without the appropriate closure and, in certain cases, contract is subject to criminal and sometimes civil sanctions. Should there be a potential disruption of, for example, traffic in a public road, closure of the public place concerned by the Municipality for filming can be achieved under the law.
3. Filming on municipal premises, certain closed public places and private property is largely governed by a contract between the filmmaker and the municipality or other person with the relevant right in the property.
4. The Municipality is a complex organism and the closures and hirings required may, for example, require communication with Departments such as Traffic and Transport, Metro Police, Parks, Recreation, Beaches and the like.
eTM thus believes that collaboration and effective communication between the governments and their departments to support filming activity is vital for the provision of an efficient and effective service, which develops and maintains sound relationships between the film industry, the city, the province, national department operating in the city, business, tourists and residents of affected areas. This role will be performed by the Durban Film Office and filmmakers are encouraged to work in collaboration with this office when operating in the metro.
5. The Municipality is a public authority and will not grant any closure and, where applicable, application to hire, unless the applicant's application is accompanied by evidence of adequate public liability insurance. Film applications using the services of stunt performers are further required to provide evidence of appropriate specialised risk, blanket liability or work cover insurance.
6. Whether the Municipality will order any closure depends on the potential impact of the activity on the amenity of residents, business and traffic.
7. The timeframe for closures and the like correlates to both the intended location and the potential impact of the administrative action. Thus
a. For public places in strip shopping centres, other commercial areas and high density residential areas and public places under the jurisdiction of other governments, a minimum of seven days is desirable.
b. For public places in low impact residential areas a minimum of seventy-two hours in advance may be effective but preferably at least forty-eight hours in advance is desirable.
8. A seven day notice must be given for reserved parking requests. Maps indicating the location and number of parking spaces required by the filmmaker must be stipulated.
9. Fees for determining the necessary authorisations and for the hire of municipal property for film purposes are fixed in terms of section 75A of the Local Government: Municipal Systems Act, 2000.
10. The following principles will be applied to the fee structures
a. A seven day notice must be given for reserved parking requests. Maps indicating the location and number of parking spaces required by the filmmaker must be stipulated.
b. Fees for determining the necessary authorisations and for the hire of municipal property for film purposes are fixed in terms of section 75A of the Local Government: Municipal Systems Act, 2000.
11. The following principles will be applied to the fee structures
a. A standard fee will apply for filming for any one project. A daily rate will apply for any subsequent days. The phrase 'any one project' means one feature film, one television commercial, one season of a television series or one season of a television serial. Additional Fees are charged where film crews park in metered parking areas. All fees are set by the Council as part of its annual municipal Budget process.
b (i) Emerging film makers, students from local film institutions and community benefit projects will be entitled to an exemption from a fee. Projects related to charitable activities, projects of demonstrable community benefit and documentaries which are specific to the cultural heritage of the city and province are to be regarded as "community benefit projects" and. . . . . . . . . . are to be regarded as "Emerging film makers".
(ii) Fee exemptions will only be available in accordance with the following. . . . . . . .
(iii) Fee exemptions will not be able to be waived retrospectively.
This concession is to be treated as a sponsorship by the eThekwini Municipality. The filmmaker will be required to acknowledge the eTM and the DFO in the end credits of the production. The exemption will have to have been requested in writing from the Film Coordinator from the DFO. The location acknowledgement has to read "Filmed in the City of Durban, South Africa - Special thanks to the eThekwini Municipality and the Durban Film Office".
12. The closure of a public place is an administrative action performed by the authorised Delegate whose authority is required to close the place concerned. The normal rights given and responsibilities imposed by the law apply to both the applicant and the treatment of the application by the authorised delegate. Thus at least 48 hours (and preferably up to 7 days in advance for business areas) before application for closure of any public place, the applicant must notify affected businesses and residents in writing, of the proposal to film and to close the public place concerned. A copy of the notification and proof of notice must be provided to the Council. Before ordering any closure, the authorised delegate shall consult the Film Coordinator from the DFO.
LEGISLATIVE AMENDMENTS - eThekwini Municipality
Film Bylaws
1. Any municipal building or any road or other public place the closure of which is not governed by any other law may be temporarily closed to public access for the purpose of filming by the eThekwini Municipality by way of administrative action consistent with the Promotion of Administrative Justice Act, 2000 (Act 2 of 2000).
2. Where any municipal building or any road or other public place the hire of which is not governed by any other law is temporarily closed to public access by the Municipality, the Municipality may let and hire such property for the purpose of filming on such terms and conditions as are consistent with any policy directives of the Council and its Executive Committee and at such tariff as may be prescribed by the said municipality under section 75A of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).
General Policy Directives - Filming in eThekwini Municipality
1. the authority of the Municipality is required for the closure or partial closure of any road or other public place; or
2. he hire of any part of or the whole of any municipal premises or public place is sought from the municipality; for the making of any film, the authorised delegate shall:-
1. consult with the Film Coordinator from the Durban Film Office before granting such closure or entering into any agreement of letting and hiring;
2. be presented by the said Film Coordinator with a copy of the receipt for the payment of the tariff fee or, where there is an exemption, a copy of the certificate of exemption signed by the Film Coordinator; and
3. in the case of any administrative action, comply with the usual rules of administrative justice applicable to the municipal authorisation concerned.
2. h2 Timelines
The authorised delegate shall use her best endeavours to grant or refuse authority for filming:-
1. in public places in strip shopping centres, other commercial areas and high density residential areas and in public places in the City under the jurisdiction of other governments and where parking spaces in public places are required, within seven days of application;
2. in public places in low impact residential areas and other areas within a minimum of seventy-two hours of application.
3. Indemnities:-
The authorised delegate shall ensure that the filmmaker indemnifies and keeps indemnified:-
1. the eTM, its employees, agents, successors or assigns against any claim, suit or demand which may arise against any such person from or out of any activity arising:-
a. during the closure of any public place for the purpose of the filmmaking concerned on or out of the public place concerned; or
b. during the letting and hiring of any municipal premises for the purpose of the filmmaking concerned on or out of the municipal premises concerned.
2. the eTM, its agents, successors or assigns against
a. all costs associated with clearing litter and other waste generated; or any loss or damage howsoever arising to eTM or to its property,by activities arising
3. during the closure of any public place for the purpose of the filmmaking concerned on or out of the public place concerned; or
4. during the letting and hiring of any public place or municipal premises for the purpose of the filmmaking concerned on or out of the place or premises concerned.
Insurance
The authorised delegate concerned shall ensure that all applications for a municipal authorisation or for the hire of municipal premises for the purpose of filmmaking are accompanied by:-
1. evidence to the satisfaction of the representative of the DCM: Treasury of appropriate public liability insurance cover; and
2. where filmmakers intend using the services of stunt performers, evidence to the satisfaction of the representative of the DCM:
Treasury of appropriate specialised risk insurance, blanket liability or work cover.
The cover has to provide that
a. the policy covers liability for the death of or injury to any person or damage to any property arising out of the activity authorised by the permit;
b. eTM is named as a joint name insured with the applicant;
c. the policy contains a cross liability clause between eTM and the applicant; and
d. the amount of cover held for filming or for commercial stills photography must not be less than the amount determined from time to time by the DCM: Treasury.
5. Guns and the like
The applicant must notify the authorised delegate of details of their proposed activities which may affect the amenities of the public or cause damage to property including, for example, any intended stunt activity, the use of firearms or other weapons, the erection of any tents, marquees or other temporary structures.
Terms and Conditions of Hire
6. 1 The authorised delegate shall ensure that
1. where a public place is closed; or
2. where municipal premises are hired, that the period of use for filmmaking is specified in the closure or contract concerned. As a guideline, filming should usually NOT be permitted between Midnight and 07H30am.
6. 2 In addition to the terms and conditions the authorised delegate is obliged to impose in terms of any law or policy directives of the Municipality, the authorised delegate may, in consultation with the Film Coordinator from the Durban Film Office impose such other terms and conditions as she deems reasonable.