Abstract Purpose This paper aims to analyse the current Southern African countries' archives and records management legislations to identify the gaps and challenges. It is important to assess the role played by National Archives legislations within the preservation of heritage and history; private archives known as liberation archives; the transfer of archives; the disposal and retention of records, access, copyright management and skills; and development of staff. Design/methodology/approach The study used a qualitative methodology through document analysis, interviews and observation. The sampling of the study comprised representatives from the selected Southern African National Archives (South Africa, Mozambique, Botswana and Namibia). Findings The key findings revealed gaps of the archives and records management legislations in terms of definitions, transfer, disposal and transfer of records and accessibility. Some of the Southern African countries failed to use archives and records management legislation to promote accountability and governance. Research limitations/implication The research is limited to the following countries: Botswana, Mozambique, Namibia and South Africa. Practical implications Archive and records management legislation which has gaps creates problems in terms of effective implementation of archives and records management programmes. Social implications The failure by Southern African countries to revise their National Archives legislations and clarify the role of National Archives will lead to loss of archival materials if not addressed. Originality/value Updated archives legislation contributes to the development of effective archives and records management programme.
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