I. Introduction
Africa鈥檚 journey into outer space, once characterized by a passive but critical role, has evolved into a dynamic engagement across a wide spectrum of space activities. This transformation is driven by a profound recognition that developing space capabilities are vital instruments for addressing the continent鈥檚 most pressing developmental challenges, from enhancing agricultural productivity to bridging the digital divide. As more African nations establish space agencies and pursue national programs, a critical need has emerged for a coordinated and unified approach to the complex legal and regulatory issues inherent in this domain. The African Space Agency (AfSA), formally inaugurated by the African Union Commission in 2025 with its headquarters in Egypt, is positioned to play a pivotal role in meeting this need, serving as a central catalyst for legal harmonization.
II. The Current African Space Governance
The current African space ecosystem reveals three distinct governance models. The first model includes agencies like Kenya Space Agency which fall under the Ministry of Defense, arguably prioritizing security, which creates legal friction when attempting to promote commercial growth that demands transparent licensing and data access.
Meanwhile agencies such as the South African National Space Agency and the Nigerian National Space Research and Development Agency are anchored in ministries dedicated to science and technology, prioritizing research & development and capacity building. This model often separates the promotional function from the hard-law regulatory authority such as licensing, and liability management, arguably leading to functional legal fragmentation.
The third governance model brings to light the Egyptian Space Agency which model establishes its agency as a public economic authority affiliated directly with the President. This arguably grants maximum political leverage for major national projects but concentrates accountability heavily within the executive sphere.
The resulting heterogeneity matters profoundly because it challenges the consistent application of international obligations, specifically the state鈥檚 binding duty under Article VI of the Outer Space Treaty to authorize and continuously supervise all national space activities. The deep variance in institutional culture and legal mandate across the continent鈥檚 major space actors presents the single greatest structural impediment to realizing the unified, continent-wide regulatory framework envisioned by AfSA. Achieving coordination requires harmonizing not merely policies, but the fundamental legal and institutional functions of state responsibility.
III. The Mandate for Continental Coordination
The genesis of Africa鈥檚 continental approach to space activities can be traced to the adoption of the African Space Policy Framework and African Space Strategy by the African Union in January 2016. This foundational document was a direct response to the vision articulated in Agenda 2063, a strategic framework aimed at realizing an integrated, prosperous, and peaceful Africa. The policy outlines six core principles, including a focus on addressing user needs, fostering the regional market, and coordinating the African space arena. These principles reflect a strategic shift toward a practical, development-oriented approach, viewing space as a crucial enabler for achieving long-term continental goals.
The formal establishment of AfSA in 2025 was the most significant step in translating this policy into action. The agency鈥檚 primary mandate is to promote and coordinate the implementation of the African Space Policy and Strategy, according to Articles 2 and 4 of the Statute of the African Space Agency, and to conduct activities that harness space technologies for sustainable development. AfSA is envisioned as the central point of contact for Africa鈥檚 cooperation with international partners and a key facilitator of collaboration among member states, aiming to eliminate duplication of effort and maximize the efficiency of space activities across the continent.
A crucial, though often understated, aspect of AfSA鈥檚 role is its mandate to foster a harmonized legal and regulatory environment. The agency is explicitly tasked with working directly with national space agencies and other relevant institutions to coordinate a continent-wide regulatory framework for space activities on the continent. This specific mandate, as articulated in the foundational African Space Agency Act, clarifies the scope of AfSA鈥檚 power. It suggests an objective focused on harmonization i.e. developing best practices and coordinating disparate national systems rather than outright uniform regulation which would imply a compulsory, singular legal standard across all member states. By engaging in this coordination, AfSA ensures consistency in areas like licensing and liability, aiming to eliminate duplication and bureaucratic inefficiencies while respecting the unique national governance structures of its members.
More so, AfSA stands as a bridge to smoothen and create common ground where inconsistencies arise regarding cross-border space activities between jurisdictions with different approaches and views. It is critical to note that whilst, it seems that there are conflicting positions on the mandate of AfSA 鈥� whether it is to harmonize or to create uniform regulation; one thing is clear 鈥� Articles 4 and 5 of the Statute of the African Space Agency assigns both mandates to AfSA. Noteworthy; the assignment of this dual mandate does not seek to create friction or confusion, rather it aims to create an all canvassing and encompassing regional legislation which nations can naturalize.
By promoting the adoption of common standards and best practices, AfSA seeks to create a more predictable and enabling environment for both public and private sector involvement in the African space sector. This push for legal harmonization is not merely an administrative goal but a strategic necessity for the sustainable growth of the continent鈥檚 space industry. A patchwork of disparate national laws could create significant legal uncertainty, hinder cross-border cooperation on complex space projects, and deter both domestic and foreign investment. A harmonized legal environment, however, provides the predictability needed to foster a vibrant indigenous space industry, facilitating collaborative projects and ensuring that African space activities are conducted responsibly and in accordance with international space law.
IV. Translating Policy into Practice: The Role of National Legislation
To fully realize the benefits of their space activities, African states are translating the obligations and principles of international space law into robust domestic legal frameworks. These national space laws are essential for regulating activities, ensuring compliance, and fostering the growth of a competitive space industry.
Case studies from several African countries illustrate this trend. South Africa, with a mature legal framework governed by the Space Affairs Act of 1993 and the South African National Space Agency (SANSA) Act of 2008, offers a model of a well-established regulatory regime. The country is actively reviewing its legislation to incorporate emerging trends, with a focus on sustainability. Similarly, Nigeria鈥檚 National Space Research and Development Agency (NASRDA) Act of 2010 provides a legal framework that mandates capacity building, satellite technology development, and a licensing authority for space activities. In Kenya, the establishment of the Kenya Space Agency (KSA) in 2017 has been followed by a draft bill, the Kenya Space Bill 2024, which aims to formalize KSA鈥檚 role and regulate activities such as satellite launches and remote sensing.
These national efforts, while crucial, highlight the need for a continental body like AfSA to act as a coordinating force, ensuring that these frameworks are not only effective domestically but also compatible with a broader African strategy.
V. Enforcement Challenges and the Need for a Unified Front
National entities responsible for space activities operate under two distinct umbrellas namely; the Promotional Role which is focused on executing R&D, operating national space assets, and building industrial capacity; and the regulatory role which is focused more on enforcing compliance. National space agencies are the primary governmental entities responsible for translating international space law and policy into practical implementation within their jurisdictions.
Their functions, however, vary widely in scope. Licensing and continuous supervision serve as the critical mechanisms for the State to control non-governmental activities and ensure adherence to safety standards, environmental regulations, and core international obligations, such as the duty to authorize and continuously supervise activities under Article VI of the Outer Space Treaty.
Some African states adopt a consolidated model, where the national space agency is mandated to both promote and regulate. For instance, the Kenya Space Agency (KSA) is explicitly tasked with promoting, coordinating, and regulating space activities within the country. Conversely, states may adopt a bifurcated model to prevent conflicts of interest between promotion and enforcement. In South Africa, the South African National Space Agency (SANSA) focuses on science, promotion, and R&D, while the licensing and regulatory duties are placed under a separate statutory body, the South African Council for Space Affairs (SACSA), which advises the Minister of Trade, Industry & Competition under the Space Affairs Act. This distinction whether the agency is primarily an actor, a regulator, or both; profoundly affects the legal clarity of the domestic space regime.
However, many African agencies face significant challenges in effectively enforcing space law and policy. Limited financial resources, a lack of technical expertise, and the nascent stage of their space sectors can have constrained their enforcement capabilities. This is where AfSA鈥檚 coordinating role becomes indispensable, as it can facilitate international cooperation and capacity-building initiatives to strengthen the enforcement capabilities of national agencies across the continent.
VI. Navigating Contemporary Legal and Policy Frontiers
Beyond the foundational issues of regulation and enforcement, a harmonized African legal and policy framework is essential for navigating the complex contemporary legal issues shaping the global space arena. The foundational treaties of space law, largely formulated during the Cold War, are increasingly strained by the complexities of the modern space era, driven by factors like the massive proliferation of mega-constellations and geopolitical rivalry. A unified African voice, institutionalized through AfSA, is crucial for addressing these new realities by actively defining global norms for responsible conduct. This coordinated front contributes to a framework for responsible conduct that fosters a secure and stable space environment for all by providing diplomatic and regulatory leverage.
This is achieved by Africa鈥檚 collective voice demanding that major space actors fulfil their, arguably, customary responsibility in space debris mitigation and pushes for the institutionalization of Long-Term Sustainability (LTS) Guidelines across the continent. This regulatory discipline compels global commercial operators to adhere to high, standardized benchmarks as a condition of market access across the continent.
The continent acts as a cohesive, non-aligned bloc, providing strong support for the Prevention of an Arms Race in Outer Space and the development of Transparency and Confidence-Building Measures. This collective stance aims to protect critical African civilian and dual-use satellite infrastructure from potential conflict spill over driven by external geopolitical blocs.
Africa asserts the core principle that the exploration and use of outer space must be carried out for the benefit and in the interests of all countries. Arguably this unified position ensures that commercial activities, such as Space Resource Utilization, are governed by principles that guarantee technology transfer and data sovereignty, thereby achieving substantive equality for developing nations.
One such issue is Space Security. The increasing congestion of orbits and the potential for the weaponization of outer space pose significant risks to African space assets. By actively participating in international discussions and shaping norms of responsible behavior, a coordinated African front can contribute to a framework for responsible conduct that fosters a secure and stable space environment for all.
Another critical issue is Space Traffic Management (STM) and Orbital Debris. The proliferation of satellites and space debris has created significant challenges for the long-term sustainability of outer space. The current international legal framework for STM is nascent and relies heavily on voluntary guidelines. AfSA could play a coordinating role in developing common standards and best practices for debris mitigation across the continent, encouraging member states to incorporate specific provisions into their national laws.
The contentious issue of Space Resource Utilization also demands a unified African response. While Article II of the Outer Space Treaty prohibits national appropriation of celestial bodies, it is silent on the extraction of resources from them. This ambiguity has led to national legislation in some countries that grants property rights to extracted resources, a move that lacks international consensus. For Africa, this issue presents both opportunities and risks, raising concerns about equitable access and the potential for a 鈥渟pace grab鈥� by more technologically advanced nations. Active participation in international dialogue is crucial for African nations to shape a future legal regime that ensures fair access, promotes benefit-sharing, and prevents the emergence of new forms of inequality in space.
VII. Conclusion
Africa鈥檚 evolving legal and policy framework represents a direct and necessary response to the complexities of the 21st-century space environment. The establishment of AfSA and the development of national space legislation provide the foundational structure for a coordinated, effective, and sustainable African presence in space. By leveraging international partnerships, investing in capacity building, and proactively engaging in global discussions, African nations can not only safeguard their own interests but also play a vital role in shaping a more equitable and peaceful future for all in outer space. The amplification of African voices in international space law is not merely a matter of fairness and representation; it is essential for ensuring the legitimacy and effectiveness of the global space governance framework as a whole. AfSA鈥檚 success in its legal harmonization mandate will be a critical determinant of Africa鈥檚 ability to harness the full potential of space for its sustainable development and its aspirations for a prosperous and integrated future.
Tinetariro Blessing Mushoriwa,听Associate at Mushoriwa Moyo, Commercial Law Firm in Harare, Zimbabwe.
In keeping with 黑料社鈥檚 commitment to academic freedom, the Institute of Air and Space Law supports the free expression of ideas in its publications. The views expressed in this commentary are solely those of the author and do not reflect the official positions or views of the Institute of Air and Space Law, the Faculty of Law, or 黑料社. Furthermore, authors represent only themselves; they do not represent their countries of nationality nor any organizations with which they may be affiliated.
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