24
No. 23708
GOVERNMENT GAZETTE, 2 AUGUST 2002
~~
Act No. 25,2002
~
~-
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT, 2002
(6) facilitate the development of web sites or web site portals that
will enable
SMMEstotransactelectronicallyandobtaininformationabout
markets,
products and technical assistance; and
(c) facilitate the provision of such professional and expert assistance and advice
to SMMEs on waystoutiliseelectronictransactingefficientlyfortheir
development.
5
Part 2
Electronic transactions policy
Electronic transactions policy
of
objects
10. (1) The Minister must, subject
to this Act,formulate electronic transactions policy.10
(2) In formulating the policy contemplatedin subsection (l),the Minister must(a) act in consultation with members'of the Cabinet directly
affected by such
policy formulation or the consequences thereof;
(b) have due regard tothe
(i) Act;
this
15
(ii) the nature, scope and impact of electronic transactions;
(iii) international best practice and conformity
with the law and guidelinesof
other jurisdictions and international bodies; and
(iv) existing laws and their administration in the Republic.
(3) The Minister must publish policy guidelines in the Gazette on issues relevant to 20
electronic transactionsin the Republic.
(4) In implementing this Chapter, the Minister must encourage the developmentof
innovative information systems and the growth
of related industry.
CHAPTER I11
FACILITATING ELECTRONIC TRANSACTIONS
25
Part 1
Legal requirements for data messages
Legal recognition of data messages
11. (1) Information is not without legal force andeffect merely on thegrounds that it
form
the in
partly
wholly
or is
message.
data
of a
30
(2) Information is not without legal forceand effect merely on the grounds that itis
not contained in the data message purportingto give rise to such legal force and effect,
but is merely referred to in such data message.
(3) Information incorporated into
an agreement and that not
is in the public domain is
regarded as having been incorporated into a data message if such information is35
( a ) referred to in a way in which a reasonable person would have noticed the
reference thereto and incorporation thereof; and
(b) accessible in a form which
in
it may be read,stored and retrievedby the other
party, whetherelectronicallyorasacomputerprintout
as, longassuch
information is reasonably capable of being reduced to electronic form by the 40
party incorporating it.
Writing
12. A requirement in law that a documentor information must bein writing is met if
the document or information is(a) in message;
the
andform
data of a
45
(b) accessible in a manner usable for subsequent reference.