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Part 1
Summary
The Electronic Communications and Transactions Bill was recently
published and comments may be made to the Minister of Communications
until 20 April 2002. The overall objective of the Bill is to
enable and facilitate electronic transactions by creating legal
certainty around transactions and communications conducted
electronically. This bulletin seeks to give a broad overview
of the Bill in its current format.
Cluver Markotter will be presenting a series of seminars on the
implications of the Bill. Should you be interested in
attending any of these seminars, kindly contact Derick
Swart for more information.
The Bill seeks to address the following policy imperatives:
- bridging the digital divide by developing a National
e-Strategy for South Africa;
- ensuring legal recognition and functional equivalence between
electronic and paper-based transactions;
- promoting public confidence and trust in electronic
transactions; and
- providing supervision of certain service providers.
Key issues sought to be addressed in the Bill include:
- Maximising benefits - promotion of universal access,
especially for members from previously disadvantaged
communities, SMMEs and differently abled people;
- Legal certainty - providing for the legally‑binding
effect of electronic transactions and legal recognition of data
messages, electronic signatures and electronic evidence;
- E-government - encouraging electronic communication with
government;
- Security - the registration of cryptography service providers,
the accreditation of electronic signature technologies by
Authentication Service Providers, and the protection of critical
databases;
- Protection of individuals - protection of the consumer and of
privacy as well as the protection of critical data;
- Illegal activities and enforcement - creation of new
"cyber offences" and cyber-inspectors to administer
certain provisions;
- Effective management of Internet-related issues -
establishment of a proper management regime with regard to
domain names in the Republic and the limitation of liability of
Internet Service Providers.
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