of tackling different kinds of data issues, breaches, provide guidance to
controllers and data processors, who might include data brokers, social media
companies, government agencies, among others. Being independent in this
regard requires a high degree of financial and technical independence, and not
being susceptible to political or economic influence.
Second, to achieve this level of independence, the appointment and
constituting of the DPA must not only be independent, but it must be seen to be
independent. Though most DP laws provide that the DPA must not be subject to
the control or direction of any person, this statement is not convincing for
various reasons. First, the budgets of most of these DPAs are decided by the
executive through a minister. This is the case with South Africa's Information
Regulator under the Protection of Personal Information Act (POPIA). In a recent
move, South Africa's Parliament called for the IR to not rely on the policies and
procedures of the Department of Justice and Constitutional Development
(ministry of justice) as this showed lack of independence, as the IR must report
and account directly to Parliament. In terms of financial independence, the IR is
not recognised as a public entity or constitutional institution in terms of the
10
Public Finance Management Act (PFMA) , which means it can only receive
funding to perform its functions through the ministry of justice. Comparatively,
the South African IR is perceived to be the most proximate of what constitutes
an independent DPA in Southern Africa, but the role of central government or
ministry is consistent with the required institutional independence and further
the ministry of justice is a data controller and must be accountable to the IR on
how it processes information. This current relationship does not augur for
accountability. The financing of DPAs is similar to many of the countries under
review.11
A number of African countries are not establishing new DPAs', existing
communications commission or regulatory bodies are mandated to implement
the DP law. Zimbabwe, CDPA section 5 designates an existing body, the Postal
and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ)
established under the Postal and Telecommunications Act (PTA) to be the data
protection authority. The CDPA does not change the composition nor procedure
to composition POTRAZ of which the Minister and President have significant
influence on POTRAZ under PTA but will now supposedly not influence the
direction of POTRAZ under the CDPA. Government authorities justified this
Other constitutional institutions recognised by PFMA includes the Public Protector; the Human Rights Commission; the Commission for the
Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; the Commission for Gender Equality; the Independent
Electoral Commission; the Independent Broadcasting Authority; the Financial and Fiscal Commission; the Commission on the Remuneration of
Persons Holding Public Office; the Pan South African Language Board; the Municipal Demarcation Board.
The financing is through line ministries such as Justice or Information or generally public service commission.

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