The definition of in consultation means the opposite, that the person or authority
concerned must follow the advice rendered. This interpretation if correct means
that the DPA is actually not independent to carry out its tasks. The CDPA has
other provisions in which directions may be given on the process of sensitive
information affecting national security or interests of the state.14 In addition to
these provisions real concerns exist in respect of who do the DPA reports to. For
Eswatini, the ECC submit reports to Parliament in terms of section 53 of the
ECC, and under the EDPA functions of the ECC includes report with or without
request to Parliament from time to time on any matter affecting protection of
personal information. Zimbabwe's CDPA is silent on this, and in fact in the PTA,
allows the minister to give policy directions to POTRAZ Board as the minister
"considers to be necessary in the national interest" and the minister may direct
board to reverse, suspend or rescind its decisions after consultation with the
President.15
In Botswana, the BDPA the commissioner and deputy appointed by the
minister 16, and the commission may receive directions of a "general or a specific
nature" from the minister regarding the exercise of its powers and functions.17
Under its functions, section 5(2)(o), the commission shall perform any other
functions that may be conferred it by the Minister. The BDPA requires that the
directives or functions shall not be inconsistent with the Act or with
Commissions obligations, and once given the Commission shall give effect to
such direction. This provision is as problematic on many respects, as the
Commission and Commissioners are not designed to object to any of the
directions as the Minister gives. The directive might be incorrect, and the
Commission has no power to object, and is operating under the Public Service
Act provisions. Under section 5(2)(n), the Commission must record all
directions given by the Minister during the course of the year, however this is not
enough if not publicised or reported to Parliament. The Prime Minister on the
advice of the Minister following public nominations appoints the data protection

Section

of Zimbabwe CDPA. See also the Interception of Communications Act section

a ii on renewal of interception warrants, noting

that the Minister in consultation with the Prosecutor General may renew the interception warrant for a period not exceeding three months.
Postal and Telecommunications Act sections
Botswana BDPA section

and

.

. The commissioner then appoints other people to be part of the staff or commission.

Botswana BDPA section .

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