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GOVERNMENT GAZETTE. 2 AUGUST 2002
No. 23708
Act No. 25,2002
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT, 2002
(2) A critical database administrator that fails to take the remedial action within the
period stated in the notice is guilty of an offence.
CHAPTER X
DOhlAIN NAMEAUTHORITY AND ADMINISTRATION
Part 1
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Establishment and incorporationof .za domain name authority
Establishment of Authority
Incorporation of Authority
60. (1) The Ministermust. within 12 months of the date of commencement of this Act,
take all steps necessary for the incorporation of the Authority as acompany
contemplated in section 21(1) of the Companies Act. 1973 (Act No. 61 of 1973).
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( 2 )All citizens and permanent residents of the Republic are eligible for membership
ofthe Authority and must be registered as members upon application and on payment of
a nominal fee to cover the cost of registration of membership and without having to
comply with any formality.
( 3 ) For the purpose of the incorporation of the Authority a person representing the 20
Minister and the members of Namespace ZA as at the date of applicationfor
incorporation must be deemed to be members of the Authority.
AuthoritF's memorandum and articles of association
61. ( 1 ) The memorandum of association and articles of association of the Authority
InLlstbe consistent with this Chapter and, except where this Chapter provides to the
contrary. also with the Companies Act, 1973 (Act No. 61 of 1973).
( 7 )Notwithstanding the CompaniesAct. 1973. an amendment to the memorandum of
association or articles of association affecting any arrangement made by any provision
of this Chapter. does not have any legal force and effect unless theMinisterhas
consented in writing to such an amendment, which consent may not be withheld
unreasonably.
( 3 ) No fee is payable in terms of the Companies Act. 1973, in respect of the
reser\,ation of the name of the company, the registration of the said memorandum and
articles and the issue of thc certificate to commence business.
(4) Thememorandum and articles of association of the Authority must,amongst
others. providc for( o j the rules for the convening and conducting of meetings of the Board,
including the quorum required for and the minutes to be kept of those
meetings:
( h i the manner in \vhich decisions are to be made:
(c) the establishment of any division of the Authority to performspecialised
functions;
i d ) the establishment and functioning of committees,includingamanagement
committee;
( e ) the co-opting by the Board or a committee of any person to assist the
Authority or committee in the consideration of any particular matter;
If) the preparation by the Board of an annual business plan in terms of which the
activities of the Authority are planned annually;
( g ) the banking and in\,estment of funds by the Board;
(17) provisions to regulate the manner in which, and procedures whereby,
expertise from any person is obtained in order to further the objects of the
Authority:
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