The Law Governing the Acquisition and Use of Earth Observation Data in South Africa: A Need for Legal Harmonisation

Abstract

The law on acquisition and use of earth observation data in South Africa is scattered through various pieces of legislation residing in different user entities. The primary pieces of legislation governing earth observation, The South African Spatial Data Infrastructure Act of 2003 provides for the  institutional framework to enhance the acquisition, integration, distribution and use of spatial data, including satellite-derived data while the South African Space Affairs Act of 1993 establishes a regulatory framework for use of outer space, which satellite earth observation is a great component. There is also the South African National Space Agency Act of 2008, which authorises the South African National Space Agency (SANSA) to acquire and utilise satellite remote sensing data.
It is of great concern that these various pieces of legislation confer authority on various entities to acquire, integrate, enhance and disseminate earth observation data. There is a great risks of duplication of effort leading to increased costs for the users of earth observation data and an unnecessary drain on the national fiscus since the majority of these entities are either State-owned and/or funded by the Treasury.
It is therefore necessary to analyse these pieces of legislation, observe the overlaps, if any, and suggest an integration legal approach to harmonise earth observation data laws at a national level.