Question NW2764 to the Minister of Telecommunications and Postal Services

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25 August 2015 - NW2764

Profile picture: Mubu, Mr KS

Mubu, Mr KS to ask the Minister of Telecommunications and Postal Services

(1)   Has South Africa ratified the Southern African Development Community (SADC) Model Law on Computer Crime and Cyber Crime; if not, why not; if so, on what date was it ratified; (2) Whether any provisions of the specified policy are included in any legislation (a) under review or (b) being developed in collaboration with entities in the security cluster; if so, what (i) laws and (ii) regulations will be amended and developed?

Reply:

  1. South Africa has not ratified the Southern African Development Community Model Law on Electronic -Transactions and Electronic-Commerce Model Law; Data Protection Model Law; and Cybercrime Model Law.

These SADC Model Laws were developed under the Harmonization of ICT Policies in the Sub-Sahara Africa (HIPSSA) project to assist and to build a comprehensive regional framework for the development of the information society and the knowledge economy in SADC; and to guide the SADC Member States to draft or update their corresponding national legislations.

The SADC Model Laws were adopted as framework, not as binding agreement. Ratification is not applicable.

2. The SADC Model Laws are included in the following:

   (a) None.

   (b) The National ICT Policy.

(i) To be determined on finalization of the National ICT Policy White Paper.

(ii) To be determined by the National ICT Policy White Paper.

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