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Background

Presentation to the Portfolio Committee on Telecommunications and Postal Services 17 October 2014 The Establishment of the New Department and Legislation Programme. Background.

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Background

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Presentation Transcript

  1. Presentation to the Portfolio Committee on Telecommunications and Postal Services17 October 2014The Establishment of the New Department and Legislation Programme Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  2. Background • In July 2014,President Jacob Zuma signed a Proclamation to, amongst other things, establish the Department of Telecommunications and Postal Services. • Another Proclamation, also signed in July 2014, provided for the transfer of administration and powers and functions entrusted by the following legislation to the Minister of Telecommunications and Postal Services: • Post and Telecommunication-Related Matters Act, 1958 (Act No.44 of 1958) • Sentech Act, 1996 (Act No.63 of 1996) • Former States Posts and Telecommunications Act, 1996 (Act No.5 of 1996) • Former States Broadcasting Reorganisation Act, 1996 (Act No. 91 of 1996) • Postal Services Act, 1998 (Act No.124 of 1998) • Department of Communications Rationalisation Act, 1998 (Act No.10 of 1998) • Electronic Communications and Transactions Act, 2002 (Act No.25 of 2002) • Electronic Communications Act, 2005 (Act No.36 of 2005) • South African Post Office SOC Ltd Act, 2011 (Act No.22 of 2011) • State Information Technology Agency Act, 1998 (Act No.88 of 1998) • Telegraph Messages Protection Act, 1963 (Act No.44 of 1963) Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  3. Impacted Functions Discussions are underway regarding the transfer of functions for the Departments of Telecommunications and Postal Services, Communications, Public Service and Administration and Public Enterprises Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  4. Mobilisation of Structures to support implementation • Since the announcement by the President on-going structured engagement have taken place regarding the Establishment of the New Department: • Steering Committee on Reconfiguration, Chaired by the Director-General (DG) of the Presidency and attended by DGs of affected Departments; • Steering Committee on Reconfiguration Chaired by DG of DPSA, • Numerous Bilateral meetings with DPSA , DOC and DPE, • Internal Departmental Reconfiguration Committee • The Departmental Project Teams have been established by the Director-General to address the specific areas of re-configuration. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  5. Reconfiguration Work Streams The Departmental Project Teams or Work Streams have been established by the Director-General to address the following areas of reconfiguration:- • Legal Work stream: to review and advise on legislative implications linked to reconfiguration as well as all contractual obligations of the department • Finance Work stream: review and advise on budgetary implications linked to reconfiguration specifically the personnel and goods and service budget • HR Work Stream: review and advise on labour related matters linked to transfers and to ensure that staff being transferred are moved with the same benefits and work conditions are not adversely altered . • ICT Infrastructure: review, advise on and address all IT needs linked to configuration, e.g. new email addresses and websites These work streams are fully functional and a considerable amount of work has been undertaken thus far. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  6. Matters of Consideration • With regard to the transfer of staff, the affected units within the Department have been identified, and the determination by the Minister of Public Service and Administration has been signed. • A process of amending Estimates of National Expenditure (ENE) has commenced and the revised allocations will reflect in the 2015/2016 budget. • Oversight of all entities is underway via on-going structured engagement via bilateral meetings with the Minister, DG and DDGs to ensure alignment of the plans of entities with the priorities of the Department. • All outstanding matters are being addressed through the internal work stream committees. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  7. Legislation Programme The proposed legislation emanating from the Department during the 2014/15 Financial Year is the Electronic Communications and Transactions Amendment Bill (ECT Amendment Bill). Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  8. RATIONALE FOR AMENDING ECTA • The amendment to the ECTA addresses issues pertaining to alignment with other legislation and policies, enhancement and clarification of roles. • Alignment – to existing legislation, policy and technology developments: • Changes in some definitions and inclusion of cybersecurity • Critical databases become national critical information infrastructure • Penalties all revised and placed with the relevant “offence” • S71 WASPs added to service provider section specifically to recognise WASPA as representative group, and provision for others • Minister must approve applications for cultural/heritage domain names • ICANN now registering new subset of domain names – could be language, brand name, cultural and heritage-related name eg .zulu, .multichoice etc • Minister is custodian of the national interest, no applications for these names without justification + permission (need to protect them in the general public interest) Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  9. RATIONALE FOR AMENDING ECTA • Enhancement – to existing legislation, policy and technology developments: • Cryptography providers and authentication service providers subject to enhanced obligations; • Unsolicited communications opt-out provision; • Takedown and restore provision; • Recognition of WASPA; and • Penalties revised. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  10. RATIONALE FOR AMENDING ECTA • Clarification • Powers to make domain name regulations clarified; and • .zaDNA function to include central registry for better management. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  11. Background • The ECT Act needs amendment to clarify and expand on certain important matters as it has not been reviewed in more than a decade. • The SA Law Reform Commission has proposed a number of changes to the ECT Act for reasons of constitutionality and clarity, and we have also considered unsolicited requests for changes from ISPA, .zaDNAand other stakeholders. • The National Cybersecurity Policy Framework document (National Cybersecurity Framework) was published in March 2012 and has important implications for electronic transactions and so for the Department and the Act. • South Africa must be in line with international trends and standards so as to inspire business and consumer confidence within the country and investor confidence when entering the country/operating here. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  12. Objective of the Bill • Clarify issues that were confusing, which could be interpreted differently. • Clarify on the role and responsibility of the .zaDNA regarding development of regulation. • Alignment national legislation and policies • Alignment with global development, trends and standards • Penalties that are equivalent to the crimes that will serve as a deterrent. • Building confidence in the secure use of ICT’s 12 Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  13. Motivation • To build confidence in the use of ICT’s, it is important that there is alignment at the national and global level due to the borderless nature of the online environment. • The Amendment Bill is intended to create legal certainty with regards to the online environment thus creating a safer and secure cyberspace. It is envisaged that the provisions of the Bill will serve as a deterrent to cybercriminals. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  14. Ke a Leboga Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

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