South Africa's place in space : a legal commentary on South Africa's outer space bill (2017)

Abstract

Following a governmental and stakeholder consultation process, the Department of Trade and Industry (“the dti”) has drafted a space bill which seeks to reflect South Africa’s increasing space activities and space ambitions. It is envisaged that the South African Outer Space Bill 2017, once enacted, will repeal the Space Affairs Act, No.84 of 1993. The 2017 Bill departs from the old Act in a number of respects which are discussed in the mini-dissertation.

The mini-dissertation considers the 2017 Bill in the context of relevant United Nations Space Treaties, as well as recommendations for national space legislation as developed by the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPOUS) and the International Law Association Model on National Space Legislation. The dissertation delivers comment on a number of aspects the Bill ought to strengthen, in order to ensure the strictest adherence to safety and environmental considerations for licensees, including the appropriate guarantees in terms of liability to protect the State, a comprehensive definition for space debris and emphasis on safety.

The primary question throughout will be whether the 2017 Bill is a sufficient legal basis for the anticipated space activities by South Africa and whether it embraces international standards. In the final Chapter, a number of recommendations are made which seek to strengthen the Bill so it may become a model piece of national space legislation. The Bill has not yet been publicised for comment and the author is conscious that the Bill may be subject to change. The provisions of the Bill in its current form, provides rich insight into the direction South Africa wishes to take in relation to its space affairs regulatory framework. The recommendations contained in the final chapter of this mini-dissertation may assist the drafters of the Bill to consider strengthening certain provisions of the Bill in line with international developments in space law.