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Police Bheki Cele and JP Smith from the city of Cape Town clashed over the shooting of a movie on Camps Bay beach.
- Police Minister Bheki Cele agreed not to interfere with film shoots on Cape Town’s beaches.
- Subsequently, the city of Cape Town withdrew its application requesting the court for an injunction against Cele.
- The parties reached an out-of-court settlement.
The city of Cape Town has withdrawn a court request to prohibit Police Minister Bheki Cele and the police from banning filming on beaches after the parties reached an out-of-court settlement.
Police agreed not to interfere with the footage where the City has issued a permit.
Cape Town City Safety and Security Committee Member JP Smith said: “[This is an] Important victory for federalism and local government rights when subjected to arbitrary and illegal interference by national government officials. Film industry, our doors are open for business. “
On Wednesday, Cele and a phalanx of armed police hit Cape Town’s beaches, including the popular Camps Bay beach. There, Cele encountered a production crew filming an advertisement for a Russian non-alcoholic drink called Riley’s Garage, produced by the multinational brewery Carlsberg.
Excuse me
Cele ordered them to stop filming, despite Smith saying the production company, Red Petal Productions, had the required permission and that filming an ad is not prohibited by new beach regulations, which President Cyril Ramaphosa announced on Monday. at night.
“However, the minister insisted on his opinion that the filming cannot continue and gave instructions that the filming must be stopped,” reads the affidavit of Anton Smith, the coordinator of the city’s film permits office. , on which the city’s request is based.
The production company had to pack up and end the day.
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After further discussions with the police, which included the city’s filming permit office, it was agreed that Red Petal Productions could proceed the next day, with SAPS Lt. Col. Ndume present to monitor the proceedings.
Filming resumed on Thursday morning.
After Ndume returned from a cafe, he told the production team that he “received a phone call from National” informing him that filming could not continue, according to Smith’s affidavit.
And so, on Thursday afternoon, the City launched an injunction.
They asked the Western Cape Superior Court to prohibit Cele, the Western Cape Police Commissioner and the Camps Bay Police from interfering with any film crew with a valid permit, and specifically to allow Red Petal to film their advertisement.
Orders
The City also requested declaratory orders that the City may issue filming permits and that such permits do not violate closure regulations.
On Friday morning, Cele was in Kempton Park, where she told eNCA: “They told me they’re going to court, that’s what they have to do. But these regulations are very clear. Regulations are closed at 10pm. You are at home at 23:00. Do not drink on the beach. There are open beaches, but you cannot organize any extra activities on the beach. [up] on stage, they tell us everything else, so we had to stop that. “
However, before Judge Elizabeth Baartman could hear the case on Friday, the state attorney representing Cele approached city legal counsel with the following proposed settlement:
1. The Minister of Police confirms that the City of Cape Town is not precluded from issuing permits under the Filming Regulations promulgated on June 24, 2005, subject to section 2 (1) of the Regulations.
2. The Minister of Police confirms that M and M Images CC, which are marketed as Red Petal Productions, and any other film production company issued with a valid permit by the City of Cape Town, can continue their film making activities in the terms of the permit issued. to them by the city of Cape Town, without fear of illegal interference by any member of the South African police.
3. The City withdraws your application and each party pays its own cost.
Later, the City withdrew its application.
According to a statement, Cape Town Mayor Dan Plato welcomed this result and is grateful, “… justice is respected.”
“I wrote to President Ramaphosa requesting his response on the illegal conduct of Minister Cele. The matter has also been referred to the Ethics Committee of Parliament, as Minister Cele’s behavior was very problematic and must be addressed.
According to the same statement, Smith said the City reiterates that all filming sets and other production workspaces within the metro are subject to strict Covid-19 protocols, with which Red Petal has complied.
“I am grateful that we were able to resolve this matter so quickly and ensure that the film industry can get back to work without delay. The City currently has seven other film productions licensed to shoot on our beaches …” said Smith.
“It is now vital to ensure that this industry, which has suffered immense losses due to the pandemic and the subsequent lockdown, can work towards recovery during its busiest time of year without any impediment.”
