Abstract
This paper investigates the increasing use of surveillance technologies in African nations, with a particular focus on Botswana and South Africa. Despite the rapid adoption of digital surveillance methods, many African states lack comprehensive legal frameworks to safeguard digital rights. Following the pivotal revelations of Edward Snowden in 2013, which exposed widespread state surveillance, the paper critically examines how Botswana’s state surveillance practices impact the rule of law and individual privacy. The study centres on surveillance methods used by the Botswana Police Service and the Intelligence and Security Services, particularly the "Safer City Project" in Gaborone and Francistown, which employs Closed-Circuit Television (CCTV) and digital communication interception.
Through a comparative legal analysis, Botswana’s surveillance laws are compared with South Africa’s more developed privacy and surveillance frameworks, such as the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) and the Protection of Personal Information Act (POPIA). The analysis identifies significant gaps in Botswana’s legal landscape, particularly the lack of post-surveillance notification and adequate safeguards for citizens' rights in public spaces and through their digital communications.
The research concludes by proposing legislative reforms to enhance Botswana’s surveillance laws, ensuring that they align with both domestic needs and international legal standards. These recommendations aim to strike a balance between national security interests and the protection of individual rights, ultimately promoting a rule of law that respects privacy in the digital age. The paper encourages Botswana to address the unregulated expansion of state surveillance and offers Botswana a model for reform based on the practices of other states.