Electronic Communications and Transactions Act - South Africa ...

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18 No. 23708 GOVERNMENT GAZETTE, 2 AUGUST 2002Act No. 25,2002ELECTRONIC COMMUNICATIONS ANDTRANSACTIONS ACT, 2002(m) ensure compliance with accepted International technical standards in theprovision and development of electronic communications and transactions;(n) promote the stability of electronic transactions in the Republic;(0) promote the development of human resources in the electronic transactionsenvironment; 5(p) promote SMMEs within the electronic transactions environment;(q) ensure efficient use and management of the .za domain name space; and(r) ensure that the national interest of the Republic is not compromised throughthe use of electronic communications.Interpretation 103. This Act must not be interpreted so as to exclude any statutory law or the commonlaw from being applied to, recognising or accommodating electronic transactions, datamessages or any other matter provided for in this Act.Sphere of application4. (1) Subject to any contrary provision in this section, this Act applies in respect of 15any electronic transaction or data message.(2) This Act must not be construed as-(a) requiring any person to generate, communicate, produce, process, send,receive, record, retain, store or display any information, document orsignature by or in electronic form; or 20(b) prohibiting a person from establishing requirements in respect of the mannerin which that person will accept data messages.(3) The sections of this Act mentioned in Column B of Schedule 1 do not apply to thelaws mentioned in Column A of that Schedule.(4) This Act must not be construed as giving validity to any transaction mentioned in 25Schedule 2.(5) This Act does not limit the operation of any law that expressly authorises,prohibits or regulates the use of data messages, including any requirement by or undera law for information to be posted or displayed in a specified manner, or for anyinformation or document to be transmitted by a specified method. 30CHAPTER I1MAXIMISING BENEFITS AND POLICY FRAMEWORKPart 1Kational e-strategyNational e-strategy 355. (1) The Minister must, within 24 months after the promulgation of this Act, developa three-year national e-strategy for the Republic, which must be submitted to the Cabinetfor approval.(2) The Cabinet must, on acceptance of the national e-strategy, declare theimplementation of the national e-strategy as a national priority. 40(3) The Minister, in developing the national e-strategy as envisaged in subsection(1)-(a) must determine all matters involving e-government services in consultationwith the Minister for the Public Service and Administration;(b) must determine the roles of each person, entity or sector in the implementation 45of the national e-strategy;(c) must act as the responsible Minister for eo-ordinating and monitoring theimplementation of the national e-strategy;(d) may make such investigations as he or she may consider necessary;
20 No. 23708 GOVERNMENT GAZETTE, 2 AUGUST 2002iict No. 25, 2002 ELECTRONIC COMMUNICATIONS ANDTRANSACTIONS ACT, 2002may conduct research into and keep abreast of developments relevant toelectronic communications and transactions in the Republic and internationally;must continually survey and evaluate the extent to which the objectives ofthenational e-strategy have been 5 achieved;may liaise, consult and cooperate with public bodies, the private sector or anyother person; andmay, in consultation with the Minister of Finance, appoint experts and otherconsultants on such conditions as the Minister may determine.(4) (a) The Minister must, in consultation with other members of the Cabinet, 10determine the subject matters to be addressed in the national e-strategy and theprinciples that must govern the implementation thereof.(b) Prior to prescribing any subject matter and principles provided for in paragraph(a), the Minister must invite comments from all'interested parties by notice in theGazette and consider any comments received. 15(c) The national e-strategy must, amongst others, set outtheelectronic transactions strategy of the Republic, distinguishing betweenregional, national, continental and international strategies;programmes and means to achieve universal access, human resourcedevelopment and development of SMMEs as provided for in this Part; - 20programmes and means to promote the overall readiness of the Republic inrespect of electronic transactions;ways to promote the Republic as a preferred provider and user of electronictransactions in the international market;existing government initiatives directly or indirectly relevant to or impacting 25on the national e-strategy and, if applicable, how such initiatives are to beutilised in attaining the objectives of the national e-strategy;the role expected to be performed by the private sector in the implementationof the national e-strategy and how government can solicit the participation ofthe private sector to perform such 30 role;the defined objectives, including time frames within which the objectives areto be achieved; andthe resources required to achieve the objectives provided for in the nationale-strategy.(5) Upon approval by the Cabinet, the Minister must publish the national e-strategy in 35the Gazette.(6) For purposes of achieving the objectives of the national e-strategy, the Ministermay, in consultation with the Minister of Finance-(a) procure funding from sources other than the State;(6) allocate funds for implementation of the national e-strategy to such 40institutions and persons as are responsible for delivery in of terms the nationale-strategy and supervise the execution of their mandate; and(c) take any steps necessary to enable all relevant parties to carry out theirrespective obligations.(7) The Minister must annually report to the Cabinet on progress made and objectives 45achieved or outstanding and may include any other matter the Minister deems relevant.(8) The Minister must annually review the national e-strategy and where necessarymake amendments thereto in consultation with all relevant members of the Cabinet.(9) No amendment or adaptation of the national e-strategy is effective unlessapproved by the 50Cabinet.(10) The Minister must publish any material revision of the national e-strategy in theGazette.(I 1) The Minister must table an annual report in Parliament regarding the progressmade in the implementation of the national e-strategy.Universal access 556. In respect of universal access, the national e-strategy must outline strategies andprogrammes to-
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