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Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region.
Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613451399987200 |
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| access_status_str | Open Access |
| author2 | Ngobeni, Tinyiko |
| author_browse | Ngobeni, Tinyiko |
| author_facet | Ngobeni, Tinyiko |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/106983 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:21.406Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/106983 Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region. Ngobeni, Tinyiko biancamakong@gmail.com Warikandwa, Dr Tapiwa Victor Makong, Malelingoana Bianca UCTD Sustainable Development Goals (SDGs) Digital Trade Digital Trade Data Governance AfCFTA Digital Trade Protocol Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025. This study considers the scope of coverage of data governance within the Southern African Development Community (SADC)’s legal framework and its importance to digital trade in the sub-region. Coupled with the importance of ensuring accessibility of the internet and the rise of digital trade, Africa must ensure translation of digital trade into actual economic benefits. SADC has introduced three pivotal model laws to advance regional digital governance, namely, the Model Law on Data Protection, the Model Law on Cybercrime and Cybersecurity together with the Model law on E-transactions and E-commerce. These were adopted as non-binding legal instruments meant to provide a template for SADC states to introduce or improve their own data governance regimes. This was achieved through the Harmonisation of the ICT Policies in Sub-Saharan Africa (HIPSSA) Project. Nevertheless, the non-binding nature of this model law has led to heterogeneity of regimes between member states in the region and has resultantly attracted heavy criticisms on the model’s success in achieving its intended aims of harmonisation of digital trade laws in SADC. Operationally, in enacting their national laws, SADC member states borrowed heavily from the European Union Data Governance Laws, thus straying far beyond the scope of the model law. In actual fact, to date, only one state, Zimbabwe, has introduced a draft Bill on the basis of the Model Law. Overall, the model law has not been successful in harmonising data protection practices within SADC. This research adopts comparative analysis approach in its enquiry. It considers the SADC Data Governance Model Laws in context of the African Continental Free Trade Area Digital Trade Protocol (AfCFTA DTP), regional and international law instruments. The purpose of this approach is to assess the key elements of data governance in the SADC Model law, identify and review gaps in the model, and the extent to which, the recently adopted AfCFTA DTP can serve as a harmonising factor on data governance among SADC member states. Drawing lessons from AfCFTA DTP’s binding framework and international models the study highlights the need for SADC to adopt binding, interoperable standards for digital identities, payments, data transfers, and cybersecurity. These lessons emphasize replacing fragmented, non-binding laws with a regional protocol, inspired by AfCFTA’s harmonized approach, to enhance enforcement, reduce compliance costs, and foster a resilient digital trade ecosystem aligned with global standards. Centre for Human Rights LLM (International Trade and Investment Law in Africa) Unrestricted Faculty of Laws SDG-09: Industry, innovation and infrastructure SDG-10: Reduces inequalities 2025-11-28T10:48:51Z 2025-11-28T10:48:51Z 2025-12-10 2025-09-30 Mini Dissertation * D2025 http://hdl.handle.net/2263/106983 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Digital Trade Digital Trade Data Governance AfCFTA Digital Trade Protocol Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region. |
| title | Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region. |
| title_full | Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region. |
| title_fullStr | Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region. |
| title_full_unstemmed | Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region. |
| title_short | Strengthening data governance provisions in the SADC Digital Trade Framework to facilitate digital Trade in the sub-region. |
| title_sort | strengthening data governance provisions in the sadc digital trade framework to facilitate digital trade in the sub region |
| topic | UCTD Sustainable Development Goals (SDGs) Digital Trade Digital Trade Data Governance AfCFTA Digital Trade Protocol |
| url | http://hdl.handle.net/2263/106983 |