Drones in the Drakensberg Park

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wrote:

uhhhh, by implication a camera of any sort is an image recording device. The letter of the law could be interpreted to outlaw taking photographs without a permit.

Always useful to check that you are not in a glass house

"the filming and simultaneous transmitting of photographic images by the use of a webcam or other image recording or transmitting device"

Yes a camera records an image but does it transmit the image to the public at the same time?
I would suggest you look up the words bolded above.
If someone had to do a live social media video feed then that could fall into this category, but not taking a photo and then sharing it


 

Well, strictly speaking, which almost everyone on this thread is doing, almost every camera released in the last 5 years has WiFi built in. Legislation does not say "to the public" but only "transmitting". When I take an image my camera is connected to my phone and images are transmitted automatically, which according to the rules is illegal. I know this is trifle, but that is what is being discussed here. The main problem here is that legislation has not kept up with technology like this .

Honestly, people know when they are doing something wrong or not. Secondly, no amount of talking online is going to change attitudes. My honest thoughts: whatever you do, just make sure you are not lessening or detracting from others' experiences in the berg. 

Peace 

I completely agree. People can live their lives and holidays how they want. I spend most of my time snorkeling and the wife laying and reading. We like a big drink in the evening. But drones are different. To me they are like bad behaved people, children or drunks. If they affect my holiday. Then your chosen enjoyment is my business. No more than if my neighbour thinks he was rights to play music late at night and keep me and my family up. 

A WAY FORWARD.
 
The person to speak to at Ezemvelo KZN Wildlife is Wayne Evans - 082 321 6843, This email address is being protected from spambots. You need JavaScript enabled to view it.  (see edit at bottom)
In conversation with Wayne he stressed the following points:
 
EKZNW will not in the usual course of events grant permission for private drone flights on its premises or Protected Areas. The reasons for this are as follows:

• Drones impact upon the visitor experience of other guests and users due to their high visibility and the noise that they generate.
• The privacy of guests is valued and the presence of drones undermines the right to privacy of guests, whether real or perceived.
• The safety risk to persons and property through loss of control of a drone is considered an unacceptably high risk by EKZNW.
• The principle of minimal disturbance to wildlife in a Protected Area

Commercial Flight Applications (filming of events, weddings etc) will be considered upon receipt of an EKZNW Flight Application form.
 
Under all circumstances (and this applies to that Motorbikes palaver, fires in caves, poaching, all illegal activities) it is ideal if you can take pictures of the miscreants, note the date, time, location and inform Wayne immediately, or as soon as you can. Or put differently (my words) moaning about it online 3 weeks later is utterly pointless.
If a new video pops up online inform him immediately, not 3 months later.
 
It’s very difficult for Ezemvelo officers to be at all places at all times, patrolling the whole Berg is an immense undertaking...The hiking community’s interaction is strongly desired.
 
Ezemvelo staff are not allowed to comment, question or harass people on social media on these matters. That function falls upon us.
 
 
Another Ploy.
I did have a proposal for Wayne which was that we, the public, “Report” the videos on their respective platforms - usually there is a Report feature - upon which we supply the reason for “Reporting” as “Illegal activity”. He said go for it, and he’ll supply the legal documentation should Youtube, Insta, etc request of you to back up your allegation. I have not tried this as I’m not really active on social media at all, but it’s worth a shot.
 
Wayne will provide the relevant documents on a case by case basis
 
EDIT (Dec '22):
WAYNE EVANS WILL BE LEAVING EZEMVELO END OF 2022.
NEW CONTACT DETAILS TO FOLLOW AS SOON AS POSS.
IN THE MEANTIME IT IS BEST TO CONTACT THE OFFICER IN CHARGE (OIC) OF RELEVANT AREAS.

 

For those wanting to know which Act covers the legality of drone flight in the WHS see...

Act No. 57 of 2003: National Environmental Management: Protected Areas Act, 2003.

(attached below)

What is the procedure to get permission to fly a drone in the Drakensberg which falls under Ezemvelo? There's an influencer who claims she got permission by the Injisuthi office to fly her drone, if it's this easy, then surely anyone can?

She's quite possibly lying too.

There's a sign at the entrance fence-stiles at Injisuthi just at the 'Hiker's Parking' that clearly states drones may not be flown.
I was at Injisuthi in early April and spoke to the staff, they are well aware of this sign and the law

Below's an example from Lotheni.

And as Smurf says, tho I have spoken to the previous Enforcements Officer at Ezemvelo he stated that even they cannot obtain this privilege.

Who is she?

Edit:
You should ask her who gave her permission, a man or a woman, which date etc
My bet is she's full of bs.
Besides, obtaining permission has to be done with a written submission to HQ, Conservation, not at the reception (Hospitality)...this person is breaking the law, simple.

 

 

I do not know if it is her, but there  is one, her instagram is full of drone videos...

LINDA VILJOEN | HIKING SOUTH AFRICA
23 y/o
Outdoor Freelancer
 

Thanks for the responses everyone, much appreciated. Hopefully she takes them down as she has a massive following. 

 One of her videos says "what I see vs what my drone sees". This seems pretty irresponsible promoting a use of drone to over 80 000 followers who might follow suit and get the same "permission" from the office. 

To add to this debate on drone flying in the Drakensberg, a quick search on some rules/regulation on private drone operations indicate that:

• Drones may only be operated for personal use when there is no commercial outcome, interest, or gain involved with the footage.

If there is 'commercial outcome, interest, or gain involved' then: 

• Using a drone for commercial operations requires a pilot to be registered and operate under Part 101 of the SACAA regulations.

One could argue that influencers certainly 'gain' from their drone footage - larger following and exposure, more product endorsements, monetary sponsorship, etc.

Maybe a grey area, but the fact that the park indicates that drones are prohibited this shouldn't even be entertained.