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GOVERNMENT GAZETTE, 2 AUGUST 2002
No. 23708
Act No. 25,2002
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
(m) ensurecompliance
(n)
(0)
(p)
(q)
(r)
with acceptedInternationaltechnicalstandardsinthe
provision and development of electronic communications and transactions;
promote the stability of electronic transactions in the Republic;
promote the development of human resources in the electronic transactions
environment;
promote SMMEs within the electronic transactions environment;
ensure efficient use and management of the .za domain name space; and
ensure that the national interest of the Republic is not compromised through
the use of electronic communications.
Interpretation
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3. This Act must not be interpreted so as to exclude any statutory law or the common
law from being applied to, recognising or accommodating electronic transactions, data
messages or any other matter provided for in this Act.
Sphere of application
4. (1) Subject to any contrary provision in this section, this Act applies in respect of
any electronic transaction or data message.
(2) This Act must not be construed as(a) requiringanyperson
to generate,communicate,produce,process,
send,
receive,record,retain,store
or display any information,document
or
signature
electronic
by or in
form; or
(b) prohibiting a person from establishing requirements in respect of the manner
in which that person will accept data messages.
(3) The sections of this Act mentioned in ColumnB of Schedule 1 do notapply to the
laws mentioned in Column A of that Schedule.
(4) This Act must not be construed as giving validity to any transaction mentioned in
Schedule 2.
(5) ThisActdoes not limittheoperation
of any law that expresslyauthorises,
prohibits or regulates the use of data messages, including any requirement by or under
a law for information to be posted or displayed in a specified manner, or for any
information or document to be transmitted by a specified method.
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25
30
CHAPTER I1
MAXIMISING BENEFITS AND POLICY FRAMEWORK
Part 1
Kational e-strategy
National e-strategy
35
5. (1) The Minister must,within 24 months after the promulgation of this Act, develop
a three-year national e-strategy for
the Republic, which must be submittedto theCabinet
for approval.
(2) The Cabinetmust,
on acceptance of the national e-strategy,declare
the
implementation of the national e-strategy as a national priority.
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(3) The Minister, in developing the national e-strategy as envisaged in subsection
(1)(a) must determine all matters involving e-government services in consultation
with the Minister for the Public Service and Administration;
(b) must determine the roles of each person, entity or sector in the implementation 45
of the national e-strategy;
(c) mustact as the responsible Minister for eo-ordinatingandmonitoringthe
implementation of the national e-strategy;
(d) may make such investigations as he or she may consider necessary;