South Africa’s Place in Space: Towards a New Space Regulatory Framework

Abstract

AbstractThe African space sector is growing as the socio-economic dividends of space exploration become more apparent to African governments. The COVID-19 pandemic continues to unveil the utility of space applications which are supporting governments’ responses to curbing the spread of the COVID-19 virus. Space applications have assisted African governments to mitigate the devastating social and economic impact on the most vulnerable citizens - often located in remote areas. With advancements in the continental space sector, more African governments will seek to review their existing legislation or will opt to draft new national space legislation in order to create regulatory certainty for commercial and academic space actors, while ensuring that national space activities are undertaken in compliance with international law. Soft-law instruments provide further impetus for states to enact national space legislation and provide a good basis from which states can draw best practice. South Africa is currently in the process of drafting a new national space law, which seeks to cater for developments in international law and in its domestic space industry. The legislation could become a model law on the African continent and its review process could provide many insights for jurisdictions that are considering a similar review or drafting process. The new legislation will include a number of provisions that are not contained in its current legislation, the Space Affairs Act, No. 84 of 1993, as amended. It is anticipated that the Outer Space Bill will be finalised within two years. Its finalisation will present a new epoch in South Africa’s space regulatory framework and will position it among countries with progressive national space legislation. The review being undertaken will enable South Africa to craft a model national space legislation, which adequately balances its international law obligations against its objectives to create a vibrant, competitive domestic industry. This chapter unpacks some of the developments on the African continent in relation to space frameworks, the impact of COVID-19 on African space affairs, and the key changes to South Africa’s space regulatory framework.