Comrades drone crackdown exposes widespread illegal flying

• Comrades Marathon no-fly zone highlights widespread breaches of South Africa's drone laws.
• Most recreational drone flights in suburbs and near roads are likely unlawful.
• Experts warn South Africa's first major drone court case is only a matter of time.

Comrades drone crackdown exposes widespread illegal flying

Police warnings ahead of the 2026 Comrades Marathon have shone a spotlight on what legal experts say is a growing problem across South Africa: widespread illegal drone activity.

Ahead of the iconic 86km race, the South African Police Service (SAPS) declared the entire route a no-fly zone, warning that unauthorised drones would be "taken down operationally". While early reports suggested drones would be shot down, authorities later clarified that authorised countermeasures would be used to disable rogue aircraft.

The Comrades Marathon Association reinforced the ban, citing aviation laws, safety concerns and the risk of interference with emergency and security operations.

For Cor van Deventer, Director at Van Deventer Dowlath Marx Incorporated, the incident demonstrates that drones are no longer being treated as harmless gadgets.

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"When 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."

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According to van Deventer, the Comrades crackdown may prove to be a watershed moment in the enforcement of South Africa's drone regulations.

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"Drone misuse is no longer an occasional problem. Drones are everywhere, roads, residential neighbourhoods, farms and business districts. The law is clear, but public behaviour obviously isn't."

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Drones are aircraft, not toys‍

South Africa's drone regulations fall under the Civil Aviation Act and Part 101 of the Civil Aviation Regulations. Van Deventer believes many operators wrongly assume that recreational flying is exempt from strict legal requirements.

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"Many South African hobbyists mistakenly believe that drones under 250 grams are exempt from all rules, but even sub-250g drones must comply with distance and privacy laws. Once you apply the 50-metre rule, compliant recreational flying becomes almost impossible in built or semi-built environments."

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He says many flights taking place in suburbs, along roads and near residential estates are, in fact, unlawful.

The law and recreational flying‍

South Africa's drone laws apply to virtually all drones except the smallest toy-grade devices.

The regulations govern:

• Recreational flying.
• Commercial operations.
• Privacy rights.
• Safety around people, buildings and infrastructure.
• Airspace and airport restrictions.

Capturing footage of identifiable individuals or private property without permission can also expose operators to liability under the Protection of Personal Information Act (POPIA).

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"Most people don't realise that privacy laws and aviation laws intersect when it comes to drone use."

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Restrictions include‍

Drone operators may not: 

• Fly within 50 metres of any person, building, structure, vehicle or public road.
• Fly over private property without permission.
• Fly within 10 kilometres of an airport or airfield.
• Fly at night without approval.
• Fly beyond visual line of sight.
• Fly higher than 120 metres above ground level.

Van Deventer says these restrictions mean many everyday drone flights seen across South African suburbs are technically illegal.

The acoustic factor nobody talks about‍

Drone misuse is often discussed from a privacy perspective, but van Deventer says the acoustic impact of drones is frequently overlooked.

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"A drone produces a distinctive high-frequency whine with rapid modulation from its propellers. To humans it may be irritating, but for cats, dogs and livestock it can resemble a predator and trigger defensive behaviour."

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He says the regulations prohibiting flights near people and animals are designed partly to mitigate these risks.

Among recent complaints received by his firm was a case involving a Cape Town resident who reported a man regularly flying a drone outside her gated estate. According to van Deventer, the activity potentially involved multiple legal breaches, including:

• Flying within 50 metres of buildings and people.
• Flying over private property without consent.
• Operating while wearing drone goggles, compromising visual line of sight.
• Potential POPIA violations.
• Conduct amounting to harassment.

Can you legally "Take Down" a drone?‍

The Comrades warnings also sparked debate about whether rogue drones may legally be disabled.

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‍Van Deventer is clear: "A drone is an aircraft in the eyes of the law and interfering with an aircraft carries serious consequences."

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Private individuals are prohibited from interfering with drones by throwing objects, jamming signals or attempting to bring them down.

Only SAPS and authorised state entities may disable drones, and then only under tightly controlled circumstances involving public safety or aviation security.

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"It's a criminal offence for people to interfere with drones. Only the state may act, and even then only within strict limits."

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South Africa's first drone court case is coming

‍Despite increasing reports of illegal drone activity, South Africa has yet to see a landmark court case dealing directly with unlawful drone operation. Van Deventer believes that won't last.

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"The absence of case law isn't a sign of weak regulation. It's a sign of untested regulation, for now. But sooner or later, a drone is going to hurt someone, damage property or cause a serious privacy breach, and the courts will have to interpret these laws."

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The Importance of a drone policy

Van Deventer believes homeowners associations, body corporates, commercial precincts and landowners should act now rather than wait for incidents to escalate.

He recommends adopting formal drone policies that:

• Prohibit unauthorised flights.
• Only permit accredited operators with Remote Pilot Licences and Remote Operator Certificates.
• Include indemnities protecting the organisation from liability.
• Establish clear penalty and enforcement procedures.

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"The absence of a policy creates uncertainty and exposes organisations to unnecessary risk."

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Reporting problem drones

Van Deventer warns against confronting drone operators or attempting to disable their aircraft.

Instead, residents should:

• Record dates, times and flight paths.
• Photograph or identify the operator where possible.
• Report the matter to the body corporate or homeowners association.
• Escalate repeat offences to SAPS.

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"When reporting to SAPS, make it clear that the drone is being flown within fifty metres of buildings and people, in breach of Part 101, with potential POPIA violations."

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Drones need rules and enforcement‍

While drones have transformed photography, security, agriculture and inspections, van Deventer says growing misuse is exposing serious gaps in public awareness.

The Comrades Marathon no-fly zone may have been designed to protect one of South Africa's biggest sporting events, but it has also exposed a broader issue.

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"The South African public needs a clearer understanding of drone law and a willingness by governing bodies to enforce it. Drones can be valuable tools, but they have to be operated within the law. The safety, privacy and peace of communities depend on it."

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As drones become more affordable and increasingly common, legal experts warn that stricter enforcement and eventually landmark court cases, appear inevitable.
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For more info
 
Contact: Cor van Deventer | Director at Van Deventer Dowlath & Marx Inc 

Phone: (011) 394 1606 Ext 111

Email: cor@vdm.law

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