By Brig Dirk Lambrechts
Image courtesy of FreePik
Question
A reader noted that drones are increasingly used by law enforcement agencies, including the SAPS and the Border Management Authority, as well as private security companies for crime prevention, including border and perimeter monitoring. Her concern is whether such footage can be used as evidence in a court of law.
Answer
Readers are reminded about a discussion entitled “Presenting of evidence at criminal proceedings generated by means of DRONES” (Afrikaans: “hommeltuie”), published in Pollex in Servamus: February 2024. At the time “drones” were relatively new in South Africa, where the prevention and/or combating of crime, maintenance of law and order and/or the investigation of crime are concerned.
At the start of the second paragraph on p67 of the “February 2024 discussion” referred to supra, Pollex concluded that evidence generated and presented by means of the operation of DRONES is, in fact, admissible at criminal proceedings, likewise at civil proceedings. Since this “February 2024 discussion”, the judgment of the criminal case in S v Rama Karla Sele was published, which discussed drone-related evidence.
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[This is only an extract of an article published in Servamus: March 2026. This article is available for purchase.]