86 No. 39475
GOVERNMENT GAZETTE, 4 DECEMBER 2015
NATIONAL CYBERSECURITY POLICY FRAMEWORK FOR SOUTH AFRICA
9.
9.1
Cryptography
There are an ever-increasing numbers of cryptographic devices, crypto graphic software and
users requiring secure communications and the geographic spread of locations of these
devices. The NCPF therefore provides for the regulation of cryptography given the critical role
it plays in ensuring improved secure communications.
9.2
The NCPF notes that various attempts at regulating cryptography were initiated as a way of
developing a coherent and integrated approach to this matter. These strategies are found in
various laws such as:
a)
National Convention Arms Control Act (Act 41 of 2002)
b)
Electronic Communications and Transactions Act (Act 25 of 2002)
c)
Electronic Communications Security (Pty) Ltd Act (Act 68 of 2002)
d)
Regulation of Interception of Communications and Provision of Communications
Related Information Act (Act 70 of 2002)
9.3
e)
State Information Technology Agency Act (Act 88 of 1998)
f)
Conventional Arms Control Regulations (R7969 of 2004)
g)
Cryptographic regulations (R8418 of 2006)
Taking into consideration the above-mentioned legislation, the NCPF recognises that there is
a need to:
a)
Review the existing legislation and regulations thereof; and
b)
Develop an integrated regulatory framework for Cryptography for the country.
1 0. Online E-ldentity Management i n Cyberspace
10.1 It is noted that the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002)
(ECT Act) provides for the establishment of the South African Accreditation Authority to
facilitate the accreditation and regulation of authentication services and products. It further
provides for advanced electronic signatures and facilitates the recognition of electronic
documents as legal and binding.
10.2 The NCPF notes that the South African Post Office (which in terms of the ECT Act, 2002 is a
preferred service provider for advanced electronic signatures) has developed a Public Key
Infrastructure (PKI) to support advanced electronic signatures (e-identity) and the Department
of Public Service and Administration pursuant to its mandate in E--Government will develop a
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