AfricaBio COMMENTS ON ELECTRONIC COMMUNICATIONS AND TRANSACTIONS BILL

INTRODUCTION
It is recognised that the Electronic Communications and Transactions Bill tabled by the Minister of Communications is intended to become a facilitating Act to harness modern technology into legally acceptable parameters.

The Bill under discussion clearly did not purport to address all outstanding issues relating to modern technology and certain omissions in the Bill will require attention from the legislator in the near future.

COMMENTS : CHAPTER I

Definitions
These are:

"addressee"
it is suggested that the plural be provided for as especially e-mails are often addressed to more than one person.

"consumer"
it is not understood why legal persons are excluded as such entities regularly partake in e-commerce and it is suggested that legal persons be included in this definition.

"critical data"
it is suggested that this definition be re-considered and that transparency as suggested in the constitution be adhered to.

"data"
does this make provision for instances where information was scanned and stored on microfiche where the originals have been destroyed? What is the situation regarding scanned documents prior to this Bill, i.e. are any dates to apply as to date of storage or retrieval and if so, when?

"a stored record"
it is felt that data message goes to the root of the bill and should be considered with greater care, as the definitions listed are narrow and potentially exclusionary. Accordingly more generic definitions are suggested, i.e. refer to "stored data", but electronic only – how should it be read regarding i.e. microfiche. further, when one uses data networks for voice it is in essence something equivalent to an e-mail, but telephone is the same technology, does that fall under the definition, so the legislature may wish to look at voice and state what it includes.

"electronic"
Uncertainty presented by the word "intangible" in the above definition. the word is so vague that a reasonable man may not be able to determine to some degree of certainty what it means. it is important, so as to avoid future costly and unnecessary litigation in having to employ the courts to provide us with the said definition, that such uncertainty be addressed at this stage.

"originator"
provisions should be made for where originators are other computers, i.e. edi transmissions

"person"
the loose usage of person with the odd natural is confusing, particularly in that listed companies appear to be excluded by omission or intentionally, and if so, the reason is not clear. it is suggested that future confusion be avoided, by simply defining this most necessary concept.

"information system"
Internet and WAP communications should fall under the definition of information system services. It is suggested that the phrase ‘or otherwise ... communications’ be deleted and incorporated into the definition of ‘information service systems’.

"public domain"
It is suggested that the term ‘public domain’ be defined. The term appears in Chapter III Part 1. S11 (3) and Chapter XII x85 (1) (a). The question may be asked as to when is a document deemed to be in the public domain (Government Gazette, media, web site, provision on request)? It is assumed to be information that, is open to, may be used by, and may be shared by, everyone in the community. This is a definition for the legal experts to determine.

"electronic signature"
as used in this document refers to, ‘a signature in electronic form in, or attached to, or logically associated with, a data message, and used by or on behalf of a person with the intent to identify that person and to indicate that person’s approval of the contents of the data message’.

(i) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual,

but excludes information about an individual who has been dead for more than 20 years; "information " defined herein has the potential to easily infringe rights to privacy as entrenched in chapter 2 at 14 (d) of the constitution. control of such vulnerable information should at best be in the hands of such individuals, particularly regarding future use thereof

".za domain name space"
it is felt that certain further definitions may be necessary for the easy interpretation and reading of the Bill. i.e. the use of advanced electronic signature and electronic signature may cause uncertainty and clear definitions would assist and clarify. also, does the term "written", as in notice make provision for e-mail despatch thereof? it is suggested that transactions between commercial entities as opposed to those between such entities and end users (consumers) be clarified and defined. Chapter IX, alternatively the definition section may bring "critical information" in line with constitutional rights relating thereto. The "loose" usage of the term public domain may further lead to uncertainty and should be defined.

OBJECTS OF ACT

Section 2(1)
(g) promote e-Government services and electronic transactions with public and private bodies and institutions; It is suggested that the words "and by" be inserted after the words "...and electronic transactions with..."

(r) ensure that the national interest of the Republic is not compromised through the use of electronic communications.

The objectives of the act are noted, and special attention should be given to ensure (d) and (h) above are achieved. it is suggested that the Bill be measured against its objectives.

Interpretation
Versfelds \Nkosi Inc would like to point out the possible conflict of laws that may occur as a result of the application of other law.

An example is the aim of the Finance Intelligence Centre Act as set out in the preamble and is inter alia to "establish a Financial Intelligence Centre and a Money Laundering Advisory Council in order to combat money laundering activities; to impose certain duties on institutions and other persons who might be used for money laundering purposes;"

Chapter 3 of the Act sets out the various money laundering control measures with which accountable institutions are required to comply with.

Section 21 specifically provides for the identification of clients and other persons by an accountable institution.

The aim of the Electronic Communications Bill is to

"To provide for the facilitation and regulation of electronic communications and transactions; to provide for the development of a national e-strategy for the Republic; to promote universal access to electronic communications and transactions and the use of electronic transactions by SMME’s; to provide for human resource development in electronic transactions; to prevent abuse of information systems; to encourage the use of e-Government services; and to provide for matters connected therewith"[emphasis added]

Among the objects of the Electronic Communications Bill as set out in article 2 if the removal (and prevention) of barriers to electronic transactions in the Republic.

Chapter 3 of the Communications Act deals with the facilitation of electronic transactions.

In so far as article 14 allows for an original document to be accepted in electronic form (provided that certain requirements are met) and in so far as article 17 allows a person to produce, by means of a data message an electronic form of that document or information the Electronic Communications Bill would be in conflict with the Finance Intelligence Centre Act.

The conflict exists in so far as the Financial Intelligence Centre Act requires an accountable institution to identify prospective clients. However identification of a prospective client would be difficult if not impossible if in terms of the Electronic Communications Bill a prospective client were to be allowed to submit proof of identity by way of a data message.

Under such circumstances an accountable institution would not have carried out the measures that it was required to have taken in terms of Chapter 3 of the FIC Act.

In the event it would be necessary to reconsider the provisions of the Electronic Communications Act having due regard of the measures which have to be taken by an accountable institution, specifically in regard to the identification of prospective clients.

Confusion may further be created in respect of the Income Tax Act, the Stamp Duty Act as well as the offices as Commissioners of Oath and Notaries and should be carefully considered and dealt with.

CHAPTER II

MAXIMISING BENEFITS AND POLICY FRAMEWORK

Part 1

National e-strategy
from the experience with the current bill, Versfelds Nkosi Inc would like to suggest that a process be initiated, as soon as possible, for the minister to begin with the process of developing the national e-strategy as it would benefit the country greatly if the 24 month period could be reduced.

Versfelds Nkosi Inc. suggests that some form of indication be given as to the sources other than the state, from which funding is going to be procured. It is Versfelds Nkosi Inc. submission that in promoting electronic communications and transactions, the state must incentivise this instead of making business incur more expenses, apart from the obvious e-commerce related ones for example infrastructure and security, in the form of tax and where such are necessary, be kept as minimal as possible.

Universal Access
Universal access is likely to become a reality if all role-players share this as a common goal, in particular if resources are shared between the public and private sector. In this respect it is suggested that provisions be made in the Act for structures creating a framework between Government and Commercial Sectors by creating local forums in each local community to bridge the digital divide. Versfelds Nkosi recognises that Government can not legislate a change of heart but avers that as it has gone beyond policy towards legislation for bringing its electronic commerce to the wider population it should create herein structures from both business and Government to …

Human resources development
Section (3)
Subject to subsection (1) and (2), the Minister must promote skills development in the areas of—

convergence between communication technologies affecting electronic transactions;

it is felt that" convergence" cannot be used in isolation, unless it’s meaning in this context is clearly defined.

The success of this section will depend on a pro-active approach by the Department of Communications and has the business and upliftment potential of high value if implemented.
SMME’s

It is recognised worldwide that the true growth of a nation and its strength lies in its ability to mobilise its people into self-sustaining business units, especially as entrepreneurs.

All sectors of the population should be encouraged to play a role in the promotion and setting up of SMME’s

COMMENTS TO PART 2

Electronic transactions policy
Versfelds Nkosi visualises that such policy can give direction to future expansion of this industry.

COMMENTS ON CHAPTER III PART 1
Legal recognition of data messages
S11 (3) The term ‘public domain’ does, and will, cause confusion and doubt unless suitably defined.

S14 (1) (a) The integrity of information required for document presentation or retention purposes is satisfied ‘from the time when it was first generated in its final form as a data message’. When is a generated document considered to be in its final form? So-called final documents can be amended and altered either by parties associated to the drafter of the message or by the separate parties to an agreement. Precision is required in the wording of this section. As a partial suggestion, the words ‘on being sent’ might be included after the words ‘data message’. At least it would tie up with provisions of section 17(1).

S16 (1) (b) On the assumption that data retained under a legal requirement may at some stage have to be produced for some purpose, surely it must be demonstrated to represent the information generated, sent or received. Accordingly the term ‘or’ should be altered to ‘and’.

S18 (1) The term advanced electronic signature may be confused with the term electronic signature used elsewhere in this Bill. A suitable definition to distinguish between the two is desirable.

S21 (e) (ii) In respect of material errors occurring in an agreement between parties, the agreement is null if the person detecting the error notifies the other party ‘as soon as practical after that person has learnt of it’. This is a loose term and could be the subject of dispute. Consideration should be given to defining a time period.

S21 (e) (iv) Although the intent is commendable, is this a practical provision? Unless this can be effectively proved, it is suggested that this be deleted.

Special and further attention needs to be given to "data messages" and the interpretation thereof as this goes to the root of this Bill and the future application thereof. It is submitted that the normal rules applicable to the interpretation of statutes and contracts should also find application here. As e-contracts are still contracts in electronic format, legal principles still evolves around consensus and the intention of the parties.

Writing
It is important to note that information in the form of a data message would meet the "in writing" requirement.

Signature
Electronic contracting is already being used as a medium to arrange business relationships. Government by this Bill becomes an enabling party in facilitating legal recognition of digitally signed and authenticated agreements.

An advanced electronic signature can be compared to affixing one’s signature to a document in the presence of witnesses. The authentication service providers would fulfil the purpose of traditional witnesses by providing proof of the authentication of the signature. Versfelds Nkosi In visualises an internal and external impact on most companies with resultant costs, but this is likely to be far outweighed by the convenience of contracting electronically and speedily.

Original
The question as to who decides on "originality’ and who assesses the "integrity" and suggests that perhaps these concepts should be defined or parameters set.

Admissibility and evidential weight of data messages, retention, production of document or information, notarisation, acknowledgements and certification

COMMENTS REGARDING EVIDENCE IN RELATION TO THE BILL UNDER DISCUSSION
Statutory interpretation allows for the presumption that the legislature intend to change existing law no more than is necessary. The Courts try to reconcile conflicting statutes with one another. Where it is not possible the earlier Act is seen as repealed impliedly, or amending it to the extent that it is necessary. Confusion may result in the sphere of evidence as set out below.
It is envisaged that as the Electronic Communications and Transactions Bill is a facilitating act, that there is potential of uncertainty as to interpretation of the bill itself and of the bill in relation to existing legislation. The potential exists that litigants may face uncertainty as to evidential value of one act versus another alternatively as to how evidence per se may be affected in terms of the bill.

Section 3 seems to convey the notion that this Act is without any consequence and does not affect substantially or materially the common law and other statutory provisions. The opposite is true. Sections 12, 13, 14, 15, 16, 17, 18 and 19 contain provisions which render other statutory provisions obsolete and/or in effect, "amend" them. If for instance, a Statute requires writing, signature of a party/parties, and that an original must be produced, this Act permits a person to "circumvent" those provisions by making use of electronic media. There can be little debate that references in other Acts to "writing", "signature/s" and "original", has the traditional meaning associated therewith (i.e. signature by pen, a document contained on paper and the original paper document). Unless therefore each and every Act is amended to include the provisions of this Act, the latter’s applicability remains uncertain. The scant regard which the draftsman of the Act have shown to its implications, appear from, inter alia, the inadequate and/or incomplete list of Acts affected by Schedules 1 and 2 of the Act.

Section 4(2)(a) was probably intended to import the notion that the Act does not oblige a person to make use of electronic media in his/her/its activities. The intention was supposedly to allow an individual/legal entity to use the more traditional media in conducting his/her/its affairs. However, this is not what the language conveys.

In Section 4(2)(b) the intention was presumably not to exclude those requirements prescribed in this Act and yet the Section does not state that and is capable of the nonsensical interpretation that the requirements prescribed by the Act are optional.

Section 11 presumably places information stored traditionally, on the same footing as those contained in a data message and purports to do away with the "bias" and suspicion normally associated with the electronic media, and yet no indications are to be found as to what "legal force and effect" such information should be afforded. In addition, it is unclear what impact, if any, this Section has on the requirements of electronically produced documentation and/or the information contained in such documentation as prescribed by the Computer Evidence Act of 1983. Nowhere does the Act specifically do away with this, or any other Act. If it did, it would in any event be contrary to the provisions of Sections 3 and 20 of the Act, but because it does not, its impact on other legislation is, at best, uncertain.

Section 14 (2) (c) requires the integrity of the document to be assessed by "having regard to all other relevant circumstances". This phrase is so vague as to be totally meaningless.
The following questions arise:
6.1 Who and under what circumstances, the assessment is to be made?
6.2 According to what standard such assessment is to be made?
6.3 What "relevant circumstances" may be included in the assessment?
6.4 What level of expertise is required by the assessor and who would assist the assessor to come to its finding?

Section 15 radically and dramatically changes the rules of the common law regarding the admissibility of evidence. Again this is not commensurate with what the draftsman of this Act proclaim in Sections 3 and 20. In addition, it is contrary to the provisions of the Computer Evidence Act, but without repealing the latter Act.

Section 15(2) states that information in the form of a data message must be given "due evidential weight". Again, the provision is so vague as to be meaningless. Even with the addition of Section 15(3), this problem is not solved, since the factors referred to in the latter subsection are similarly vague and uncertain. In addition, the implementation of this entire section pre-supposes a certain level of expertise by the adjudicator/presiding officer or the like, in assessing the admissibility or evidential weight of information contained in a data message. It is unclear what would happen if such adjudicator is not assisted by an "expert" (and in terms of this Act, there would be no reason for a party to make use of such an "expert").

Sections 16 and 17 suffers the same fate and pre-supposes a certain level of expertise from the adjudicator, which will not necessarily (and in all probability, not at all), be at hand to assist in assessing whether the information stored on the data messages "make the grade".

At first blush, Section 18 causes the profession of a notary to become totally redundant. Upon subsequent perusal, the position barely improves. It is totally unclear how the verification process of a person, as being a notary, would be achieved. Again, crucial statutory provisions of the Notaries Act have not been married with the provisions of this Act.

Section 19 permits the filing, submitting, lodging, delivering, recording, issuing, publishing and printing to include such form, format or action in relation to a data message to occur. This is a recipe for disaster, as it does not take into account the implications of such actions, not being able to be performed as a result of, for instances, "computer crashes" unused e-mail addresses and the like. Once, however, the user can show that he had performed these actions, same will be regarded as having been performed, whether or not the receiver has been able to access the information. It must be remembered that these actions are associated with formal actions required in various statutes (i.e. the filing of court documents, the lodging of formal documents, normally to public officials and the like).

Other requirements
Technological neutrality is essential. International agreements and consumer protection clauses remain unaffected and an environment for certainty and confidence when entering electronic transactions is created. Greater regard for transactions between companies as opposed to those between companies and end-users (consumers) will be welcomed and it is suggested that perhaps a small five-member task team from commerce be appointed to provide their input on an urgent basis, so that no unnecessary delays in the enactment of the Bill be caused.

Automated transactions
It is suggested that a pre-cautionary measure with an "are you sure" question be built in. Another concern is whether time limits should not be considered. A task team as envisaged above could have regard for such circumstance.

COMMENTS ON PART 2

S24 (b) It is possible for a data message to enter an information system without it necessarily being accessed by the addressee. For legal purposes, some clarity is necessary as to resolving the time of receipt.

S25 This provision provides latitude for irresponsible expressions of intent. It is submitted that some suitable bona fide mechanism be introduced.

S27 This provision does not accommodate circumstances where an automatic response is generated for transmission to the sender. The content of the automated response must therefore have some relevance to the sent message, not provide an indication of its receipt.

It is suggested that clarity regarding acceptance of downloading be given and that greater understanding of the time, place and formation of a contract be given. An example is where an e-mail address may be out of use. Would the transmission to such address be construed as "receipt".

Technical questions such as how does one track or identify, if it is lost somewhere, how will the sender know and who is the onus on. A myriad of questions may be asked and for clarity prior to acceptance of the act this sections warrants further scrutiny, again suggested by a small task team from especially the commercial sector which has been the sector less active in creating the Bill. In this regard it is specifically suggested that the spirit of the UNCITRAL MODEL LAW ON ELECTRONIC COMMERCE be followed, namely that the law is there to facilitate and that the intention is to create international co-operation in electronic matters. One of the main considerations in this Bill as set out in 2(h) thereof is to seriously consider the impact on the international community. May passing through a South African authority enhance or reduce trade? In this respect regard should be had for diametrically opposed concepts, i.e. the American where local restrictions may restrict trade and the European Union where without clear parameters trade is discouraged.

The e-com Legal Guide of MALAYSIA suggests "acceptance is deemed to take place at the time and in the place where it is received. Confirmation by answer back in telex communication is normally evidence of receipt". It is suggested that this or a similar concept be considered.

COMMENTS ON CHAPTER I V

No comments

Part 2

Accreditation

Revocation or termination of accreditation
It is suggested that the method of termination be laid down, together with certain obligations, which will serve to protect the consumer against such termination.

COMMENTS ON CHAPTER V

It is recognised that with the expansion of e-commerce, cross border commercial and non-commercial activities are the norm and every person has the potential of interaction with potential resultant security lapses. It is recognised that the commercial and government sectors need to provide a united front in ensuring trust in electronic communications and transactions so that security in e-commerce becomes entrenched and a deterrent to potential law-breakers. Cryptography and cryptography providers are recognised as playing essential roles in any legislation on electronic communications and transactions.

It is recognised that authentication is necessary to determine the source and integrity of information and we welcome the provisions of this section in particular registration with the Department of Communications to ensure the necessary integrity.

With regard to section 31(3) c the question does however arise as to the situation in the event that the company is registered in terms of the proposed Act, but the physical server is in a foreign country and the question arises as to whether the legislature should take note to make provision for the physical data location instead of offices.

COMMENTS ON CHAPTER V I

There may be confusion in terms of section 34 as to whether or not "recognition " may also be interpreted to mean registration and it is suggested that "recognition" in this regard be defined.

It is a further concern that section 37 may require greater detail to ensure that confidentiality between parties not be broken by third parties. It is a concern that the meaning of section 37(b) may be unclear in particular that it may hugely impact on customers if services suddenly does not exist and it is suggested that provision be made to take over such services by an independent contractor, alternatively that services be monitored to the satisfaction of the Authority. 37(2)(a) may require further thought to ensure confidentiality.

Authentication and Authentication providers will increasingly be used as agreements are executed automatically. It is welcomed that when one or both parties are represented by automated devices configured to respond to specific input by the person in control thereof, that the law of agency should be curtailed in such events. Alignment with international standards and current practices as embodied in the U N Commission on International Trade Law is recommended.

CHAPTER VII

CONSUMER PROTECTION

Scope of application
It is suggested that in order to protect both the consumer and the supplier, the goods delivered should have a seal, together with a note that states that the goods cannot be returned if the seal has been broken.

Information to be provided
It is suggested that a period within which repayment must be effected be inserted and such period be 30 days.

Cooling off period
We suggest that the section be revisited. Though intended to protect the consumer, the legislature could not have intended for section 45 to achieve the intended purpose at the detriment of the supplier. The fact that the consumer can cancel the transaction without reason and without penalty presents a major threat to the survival of SMME’s, the very industry that the bill indicates as being one of governments main concerns in the electronic era. for suppliers, let alone SMME’s, to pay for the delivery of goods and have them returned on number of occasions is definitely going to cripple them financially and result in the opposite of exactly that for which the bill was intended. It is suggested therefore that the cooling off period apply prior to the goods being sent so that when the goods are sent, they are returned for a valid reason only, like the goods were defective or misrepresented or some other reason which would warrant their return, alternatively the consumer should bear the costs of all shipping, i.e. sending/delivery and return.

It is suggested that Section 45 be amended to set a minimum amount of R1 000,00 where after for a higher amount the "cooling off period" applies. Further provision to enhance trade, but then at the risk of the supplier could be:
In enabling conditions to contract out of the R1 000,00 to a lower minimum where merchants in this sector can decide if they can afford the risk of returned goods;
An enabling condition to contract out of the amount above R1 000,00 by choice so that even on large merchandise purchasers may be prepared to except the risk at their choice by for instance answering a double question in the affirmative.

The general rule can accordingly apply in most instances but allows for trading such as set out above for those that choose to do so.

Performance
The following insertion is suggested: it is not clear what the word "execute" in the above section entails. It can either mean the actual sending of the order, i.e. inserting in a post box to consumer, or actual shipping of the goods, or it can mean the actual receipt of the order by the consumer. Considering the length of time afforded execution, it is suggested that it be when the order is actually received.

Applicability of foreign law
How is this clause going to be effected against foreign companies, especially by SMME’s who struggle to afford legal aid locally

CHAPTER VIII

PROTECTION OF PERSONAL INFORMATION

A party entering into an agreement with another party must ensure that as a standard term of the agreement, there is a confidentiality clause which will address the issues raised in this chapter. The question arises where there is no agreement between the parties as to the scope of the protection of personal information.

Principles for electronically collecting personal information

It is suggested that the words "a party controlling personal information" be substituted with the words "data controller" for purposes of consistency and understanding.

The basic principle that a person should have a right to privacy remains and provided that consent as envisaged is obtained should not affect this basic right. The view that people be given control of their personal data is supported and when giving consent it should be unambiguous.

Any company may fall foul of this section not by its own doing or negligence but as a result of one of the many contracting partners. How could the Bill take cognisance of such a situation?

COMMENTS CHAPTER IX

This chapter provides that the Minister of Communications may declare by Notice in the Gazette certain information as critical under consideration of national security, economic and social well bearing of citizens. Concern is raised regarding possible counter constitutional powers and suggest further discussion prior to this section being enacted.

Certain questions as to implementation arise namely in terms of Section 54 and the time period in respect of the notice per Government Gazette and in Section 54 if the minimum standards or prohibitions will be prescribed via notice in the Government Gazette.

CHAPTER X

DOMAIN NAME AUTHORITY AND ADMINISTRATION

Incorporation of Authority
61. (2) and (3) we suggest that the word "agency" be substituted with the word "authority" for the sake of consistency and better clarity.

The Electronic Communications and Transactions Bill proposes that a statutory body be created to administer the ZA Domain name space with special regard as to a domain being a national asset, but requires favourable conditions to grow and to resolve internet related disputes. All stakeholders are included in the policy formulation process. It is a concern that the financial aspect of creating a domain name authority is not to hamper growth of the electronic communications transactions industry especially where this could negatively affect promoting SMMEs.

A question is posed: -

What the role in liasing with non. ZA authorities on behalf of South African customers is likely to be and where decisions are made if and what appeal process will be available and also whether such authority will deal with domain disputes and cyber squatting;

In respect of Section 73(1) regard should be had as to when and in what form regulations are to be made.

CHAPTER XI

LIMITATION OF LIABILITY OF SERVICE PROVIDERS

(1)It is suggested that clarity be provided as to whether the intention is to recognise one national representative body of all service providers or more than one. It is suggested that it would be far more advantageous to have one representative body which will allow for consistency and certainty in the service providers’ industry as they will all ascribe to the same code of conduct and be subject to the same regulatory body with the same standards.

Limiting liability of service providers in respect of being merely a conduit or caching or hosting with no obligation to monitor may require further clarity in that a question may arise as follows:

In respect of Section 79(1), if such service provider would be liable for unauthorised access to hosted data?

Section 83, it is welcome that agreements in place or visualised in the future will not be affected.

COMMENTS CHAPTER XII

There is concern that civil liberties may become affected in terms of this section and it is suggested that a balance be struck between constitutional rights and criminal prevention.

It is suggested that in terms of section 84 a person be suitably skilled and that it be ensured that information not be divulged beyond the Authority.

COMMENTS TO CHAPTER X I I I

It is welcomed that cyber crime is dealt with and the only questions are as to establishing when access is inappropriate or unauthorised and what the situation will be in instances where access is authorised but unauthorised dissemination of data or malicious changes to data takes place.

GENERAL COMMENTS

The envisaged impact of the proposed legislation on the Commercial Sector is going to be on at least two levels, being internally and externally, coupled with the financial implications.

Legislating towards reducing the unacceptably high level of unemployment has benefits but needs to be embraced as a national goal by all stakeholders to be effective.

Versfelds Nkosi wishes Government, the Drafting Committee and the current Parliamentary Committee well in achieving the best possible result for South Africa with this legislation.