Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter II : Maximising Benefits and Policy Framework

Purchase

(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 submitted to the Cabinet for approval.

(2)	The Cabinet must, on acceptance of the national e-strategy, declare the implementation of the national e-strategy as a national priority.

(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 of the national e-strategy;

(c)	must act as the responsible Minister for co-ordinating and monitoring the implementation of the national e-strategy;

(d)	may make such investigations as he or she may consider necessary;

(e)	may conduct research into and keep abreast of developments relevant to electronic communications and transactions in the Republic and internationally;

(f)	must continually survey and evaluate the extent to which the objectives of the national e-strategy have been achieved;

(g)	may liaise, consult and cooperate with public bodies, the private sector or any other person; and

(h)	may, in consultation with the Minister of Finance, appoint experts and other consultants on such conditions as the Minister may determine.

(4)

(a)	The Minister must, in consultation with other members of the Cabinet, determine the subject matters to be addressed in the national e-strategy and the principles that must govern the implementation thereof.

(b)	Prior to prescribing any subject matter and principles provided for in paragraph (a), the Minister must invite comments from all interested parties by notice in the Gazette and consider any comments received.

(c)	The national e-strategy must, amongst others, set out—

(i)	the electronic transactions strategy of the Republic, distinguishing between regional, national, continental and international strategies;

(ii)	programmes and means to achieve universal access, human resource development and development of SMMEs as provided for in this Part;

(iii)

programmes and means to promote the overall readiness of the Republic in respect of electronic transactions;

(iv)	ways to promote the Republic as a preferred provider and user of electronic transactions in the international market;

(v)	existing government initiatives directly or indirectly relevant to or impacting on the national e-strategy and, if applicable, how such initiatives are to be utilised in attaining the objectives of the national e-strategy;

(vi)	the role expected to be performed by the private sector in the implementation of the national e-strategy and how government can solicit the participation of the private sector to perform such role;

(vii)

the defined objectives, including time frames within which the objectives are to be achieved; and

(viii)

the resources required to achieve the objectives provided for in the national e-strategy.

(5)	Upon approval by the Cabinet, the Minister must publish the national e-strategy in the Gazette.

(6)	For purposes of achieving the objectives of the national e-strategy, the Minister may, in consultation with the Minister of Finance—

(a)	procure funding from sources other than the State;

(b)	allocate funds for implementation of the national e-strategy to such institutions and persons as are responsible for delivery in terms of the national e-strategy and supervise the execution of their mandate; and

(c)	take any steps necessary to enable all relevant parties to carry out their respective obligations.

(7)	The Minister must annually report to the Cabinet on progress made and objectives achieved or outstanding and may include any other matter the Minister deems relevant.

(8)	The Minister must annually review the national e-strategy and where necessary make amendments thereto in consultation with all relevant members of the Cabinet.

(9)	No amendment or adaptation of the national e-strategy is effective unless approved by the Cabinet.

(10)	The Minister must publish any material revision of the national e-strategy in the Gazette.

(11)	The Minister must table an annual report in Parliament regarding the progress made in the implementation of the national e-strategy.