ABSTRACT

This chapter, based on a study of law and recordkeeping in Botswana, Kenya, South Africa, and Zimbabwe, shows the complexity facing archives and records management (ARM) professionals in those countries in meeting their legal and regulatory requirements. In particular, this work highlights that, while there are similar categories of law impacting ARM in each country, such as archives law and access to information law, each country’s legal framework is a reflection of its unique history and present. The chapter presents an overview of legal systems and sources of law to assist ARM professionals in finding relevant laws and in understanding their obligations, as well as a discussion of the particulars of the laws in each country that are most relevant to ARM. While this chapter cannot and should not substitute professional legal advice, it is intended to provide a solid overview of law as applied to ARM in order to assist ARM professionals in meeting their obligations in a legally and ethically complex space.