Understanding drone laws as experts warn of growing misuse

A legal expert warns that the misuse of drones can result in criminal prosecution, coupled with heavy penalties.

As drones become an increasingly familiar sight over suburbs, sporting events and public spaces, aviation experts are warning that casual or careless use is pushing more operators into illegal territory — with real legal consequences.

The issue came into sharp focus during this year’s Comrades Marathon, where police declared the full 86km route a strict “no-fly zone” and warned that unauthorised drones would be “taken down operationally”. SAPS also said countermeasures would be used to disable drones, underscoring the seriousness with which authorities are treating airspace breaches.

The Comrades Marathon Association backed the restriction, citing aviation law, safety concerns and the risk of interference with emergency response teams along the route.

Cor van Deventer, director at Van Deventer Dowlath and Marx Incorporated, says the scale of the warning reflects a wider national problem.

“When the SAPS is prepared to disable drones during a major national event, it underscores that these devices are regulated aircraft. They’re not toys. They carry legal consequences,” he said.

Van Deventer argues the enforcement stance is not limited to marathon day, but points to a broader trend of increasing drone misuse across South Africa.

“It’s a sign that drone misuse has reached a point where public safety, privacy, and aviation law are being affected,” he said.

He added that legal action in this space is becoming inevitable. “The first drone court case is coming. It’s just a matter of time until a court is asked to rule on unlawful drone operations, because the incidents we are seeing now are neither isolated nor harmless.”

Drone activity in South Africa is governed by the Civil Aviation Act 13 of 2009 and Part 101 of the Civil Aviation Regulations, which apply to most drones beyond toy-grade devices.

Under the rules, drones may not fly within 50 metres of people, buildings, vehicles or public roads, and may not be flown over private property without permission. Flights within 10km of an airport or airfield are prohibited, night flying requires special approval, and operations are generally capped at 120 metres in altitude.

Van Deventer says many everyday flights in residential areas already breach these requirements.

“In reality, most drone flights happening in suburbs, along roads, or near complexes are actually unlawful,” he said.

He also cautioned that privacy laws add another layer of risk. Capturing identifiable individuals or private property without consent may breach the Protection of Personal Information Act (POPIA), exposing operators to both civil and criminal liability.

He cited a recent complaint from a Cape Town resident who reported a man repeatedly walking along the pavement outside her gated complex while flying a drone over nearby estates.

Van Deventer said the conduct in that case may involve multiple breaches, including privacy violations and potential harassment through repeated flights.

He also warned that members of the public cannot legally take matters into their own hands. Drones are classified as aircraft, and interfering with or disabling one is a criminal offence.

Only SAPS and authorised state agencies may disable drones, and even then only under strict conditions linked to public safety or aviation security.

Van Deventer is urging property owners, estates and precinct managers to adopt formal drone-use policies aligned with aviation law. These, he says, should clearly prohibit unauthorised flights and allow only licensed remote pilots and certified operators to conduct approved work such as security or maintenance.