Drone battleground coming to South Africa
The South African Police Service’s recent warning that the entire 86km Comrades Marathon route is a ‘no-fly zone’ underscores that illegal drone use can have severe consequences.
Ahead of the gruelling race, a police spokesperson said that the unauthorised drones would be shot down and that counterintelligence measures would be used to disable them.
The Comrades Marathon Association issued its own notice reinforcing the ban, citing aviation law, safety concerns and the risk of interference with emergency operations.
“When SAPS is prepared to disable drones during a major national event, it underscores that these devices are regulated aircraft,” said Cor van Deventer, Director at VDM Incorporated.
“They’re not toys. They carry legal consequences. Drones are everywhere: roads, residential neighbourhoods, farms, and business districts. While the law is clear, public behaviour is obviously not.”
He said that the Comrades enforcement plan was more than a one-off security measure, and a sign that drone misuse has reached a point where public safety, privacy and aviation law are being affected.
He added that it is simply a matter of time until a court is asked to rule on unlawful drone operations, as incidents are no longer isolated or harmless.
South Africa’s drone laws fall under the Civil Aviation Act 13 of 2009 and Part 101 of the Civil Aviation Regulations. The rules apply to all drones except the smallest toy-grade devices. Restrictions include:
- No flying within 50m of any person, building, structure, vehicle or public road
- No flying over private property without the owner’s permission
- No flying within 10km of an airport or airfield
- No flying at night without specific approval
- No flying beyond the visual line of sight
- A maximum altitude of 120m
“Many South African hobbyists mistakenly believe that drones under 250 grams are exempt from all rules, but even sub-250g drones must follow the 50m and privacy laws,” said Van Deventer.
“And once you apply the 50m rule, compliant recreational flying becomes almost impossible in built or semi-built environments. Most of the drone flights happening in suburbs, along roads or near complexes are actually unlawful.”
Capturing footage of identifiable individuals or private property without consent is also illegal in terms of POPIA and could expose operators to civil and criminal liability.
Noise complaints are also a problem
Van Deventer added that the acoustic signature of drones is an overlooked safety factor, as they produce a distinctive high-frequency whine.
Drone misuse is often framed as a privacy issue, but Van Deventer says drones’ acoustic signatures are an overlooked safety factor.
While the noise is irritating to humans, it is a massive threat to cats, dogs and livestock and triggers defensive behaviour.
One complaint has been from a Cape Town resident who walks along the pavement on the road directly outside a gated complex and opposite another estate, flying a drone overhead. Breaking a host of laws.
“Flying within fifty metres of buildings and people. Flying over private property without permission,” said Van Deventer.
“Operating while wearing drone goggles, which compromises the visual line of sight. Potential POPIA violations. And repeated flights that could amount to harassment.”
The Comrades’ warnings also sparked public debate on whether drones can be legally taken down.
However, private individuals cannot, under any circumstances, interfere with a drone, with heavy penalties for those who do.
The Civil Aviation Regulations state that interference could result in a criminal offence or a fine of up to R50,000, or both.
Under the broader criminal provisions of the Civil Aviation Act, acts that endanger or destroy aircraft in service carry significantly higher, uncapped statutory penalties, often up to 30 years.
Van Deventer added that while SAPS and authorised state bodies are permitted to disable drones, they may do so only under controlled conditions and only when justified by public safety or aviation security mandates.
“It’s a criminal offence for people to throw objects at drones, jam their signals or try to bring them down. Only the state may act, and even then, only within strict limits,” he said.
While South Africa has not seen a reported court case involving unlawful drone operations, he said that isn’t a sign of weak regulation. “It’s a sign of untested regulation – for now,” he said.
“But sooner or later, a drone is going to hurt someone, damage property, or cause a serious privacy breach, and when that happens, the courts will have to interpret these laws.”
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