18 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 5 10 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. 15 20 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. 40 (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;

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