default provisions,240 comprises sections 10 to 17, setting out provisions on formation
and validity of contracts, variation by agreement, time of dispatch and receipt of
electronic communications, the place of dispatch and receipt of electronic
communications, time of contract formation, automated transactions and input errors.
Finally, part four deals with attribution, original information, admissibility and evidential
weight of electronic communications, records retention, production of document or
information, notarisation, acknowledgment and certification, and other requirements,
from sections 18 through to section 24.
3.1.2 An overview of the RSA ECT Act
South Africa is declared to have joined the ranks of countries legislating on electronic
commerce by enacting the Electronic Communications and Transactions Act 25 of
2002 which is comprehensive legislation encompassing fourteen chapters.
241
The
ECT Act took its cue from the 1996 UNICITRAL Model Law on Electronic Commerce
with additional article 5 bis.242 Coetzee states that unlike many other countries, where
different issues are often addressed by a piece-meal legislation, the ECT Act proposes
to deal with issues such as the ‘in writing’ and signature requirements, authentication,
accreditation, safety and security, national strategy, e-government, access to
electronic
services,
consumer
protection, domain
name
administration
and
cybercrime, all in one law.243 Chapter 3 of the ECT Act deals with facilitation of
electronic transactions.244 The ECT Act categorises electronic transactions under two
parts, part 1 deals with legal requirements for data messages and part 2 covers the
communication of data messages.245
Buys notes that the distinction between the two parts in chapter 3 is important because
part one from sections 11 to 20 creates obligatory provisions covering the legal
recognition of data messages, writing and signature requirements, originality,
admissibility and evidential weight of data messages, retention, production of
240
S11 of the Bill.
Coetzee (2004:501).
242 Papadopoulos S. et al. (2012) “Electronic wills with an aura of authenticity: Van der Merwe v The Master”
24 SA Merc LJ 93 at 95; Van der Merwe (2008: 146).
243 Coetzee (2004: 501 at 502).
244 Van der Merwe (2008: 146); Michalsons Guide to the ECT Act http://www.michalsons.co.za/blog/guide-tothe-ect-act/81 (accessed 6 February 2016).
245 Papadopoulos et al (2012: 46).
241
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