REPUBLIC OF SOUTH AFRICA
PROPOSED AMENDMENTS TO THE
ELECTRONIC COMMUNICATIONS AND TRANSACTIONS BILL
(As discussed by the Parliamentary Committee on Communications)

PROPOSED AMENDMENTS
ELECTRONIC COMMUNICATIONS AND TRANSACTIONS BILL [B8-2002)
Chapter I

1. On page 9, in line 32 after "electronic" to insert" communications and".
2. On page 9, in line 34 after "economy" to insert "for" and to substitute "to".
3. On page 9, in line 36 after "access" to "insert primarily in under serviced areas".
4 On page 9, in line 44 after "bodies" to omit "and" after "institutions" to insert "and citizens".
5. On page 9, in line 56 after "accepted" to insert "international".
6. On page 10, after line 20 to add the following subsection:
"(5) This Act does not limit the operation of any law that

expressly authorizes, 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".

Chapter II

1. On page 10, in line 27 after "a" to omit 'jive" and to substitute 'three".
2. On page 10, in line 35 after "roles" to omit "and obligations" and to substitute "in respect".
3. On page 11, after line 40 to add the following subsection: "(11) The Minister must table an annual report to parliament with regard to the progress made in the implementation of the e-Strategy".
4. On page 13, in line 6 to omit subsection (4) and to substitute with a new subsection as follows: (4) In implementing this chapter, the Minister must encourage the development of innovative information systems and the growth of the related industry".
Chapter III

1. On page 13, in line 32 after "law" to insert "and such law does not specify the type of signature".
2. On page 13, in line 47 to omit subsection (5) and to substitute with a new subsection as follows: (5) Where an electronic signature is not required by the parties to an electronic transaction, an expression of intent or other statement is not without legal force and effect merely on the grounds that-
2.1.1. it is in the form of a data massage; or

2.1.2. it is not evidenced by an electronic signature but by other means from which such person's intent or other statement can be interred"

3. On page 14, after line 28 to add the following subsection: (4) A data message made by a person in the ordinary course of business, or a copy or print out of or an extract from such data message certified to be correct by an officer in the service of such person, is on its mere production in any civil, criminal, administrative or disciplinary proceedings under any law, the rules of a self regulatory organisation or any other law or the common law admissible in evidence against any person and prima facie proof of the fact contained in such record, copy, print out or extract.

4 On page 15, after line 19 to add the following subsection: (3) Where a law requires or permits a person to provide a certified copy of a document and the document exists in paper or other physical form, that requirement is met if an electronic copy of the document is certified to be a true reproduction of the
document or information by a person authorised to perform such act, by attaching to, incorporating in or logically associating his or her accredited electronic signature with such certification in the data message.

5. On page 15, in line 20 to omit subsection 20".

6. On page 15, after line 30 to omit subparagraphs (c),(d) and (e).

7. On page 15, in line 24 after "business" to insert "or residence".

8. On page 15, in line 25 after "business" to insert "or residence"

9. On page 16, in line 29 after that have to insert "it is in the form of a data message" and to omit subsections (a) and (b).

10.On page 16, line 39 after "automatically" to insert "unless if it can be proved that information system has not properly executed the transaction".

Chapter IV

1. On page 17, line 23 to omit subparagraph (d) and to substitute with a new subsection as follows: (d) the identity of or criteria to be met by a any authentication service provider used by the person filing the data message or that such authentication service provider must be a preferred authentication service provider'.

Chapter VI

1. On page 18, in line 32 after "the" to insert "Accreditation"
2. On page 18, in line 33 after 'of" to insert "Accreditation"
3. On page 18, in line 36 after "the" to insert "Accreditation"
4. On page 18, after line 37 to add the following subsection: "(3) The South African Post Office, for the purposes of this Act, will be deemed to have been appointed as a preferred accreditation authority in terms of section 38".
5. On page 18, in line 41 after 'of" to insert "Accreditation".
6. On page 18, in line 42 after 'the" to insert "Accreditation".
7. On page 19, in line 4 after "the" to insert "Accreditation".
. On page 19, in line 12 after "the" to insert "Accreditation".
9. On page 19, in line 15 after "the" to insert "Accreditation".
10. On page 19, in line 19 after 'the" to insert "Accreditation".
11. On page 19, in line 21 after 'the" to insert "Accreditation".
12. On page 19, in line 22 after 'the" to insert "Accreditation".
13.On page 19, after line 31 to add a subsection as follows: (e) is based on a face to face identification of the user".
14. On page 19, in line 30 after 'tthe" to insert "Accreditation".
15. On page 19, in line 49 after 'the" to insert "Accreditation".
16. On page 20, in line 5 after "the" to insert "Accreditation".
17. On page 20, in line 8 after "the" to insert "Accreditation".
18. On page 20, in line 12 after "the" to insert "Accreditation".
19. On page 20, in line 21 after "the" to insert "Accreditation".
20. On page 20 in line 41 after 'the" to insert "Accreditation".
21. On page 19, in line 12 after "the" to insert "Accreditation".