Virtual disciplinary hearings - what does legislation say ?

WHAT DOES LEGISLATION SAY ABOUT ELECTRONIC COMMUNICATIONS SUCH AS VIRTUAL DISCIPLINARY HEARINGS

The Electronic Communications Act and Transactions Act 25 of 2002 (as amended).

The Preamble to the Act

“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 SMMEs; 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.”

Objects of Act

(1) The objects of this Act are to enable and facilitate electronic communications and transactions in the public interest, and for that purpose to –

(a) recognise the importance of the information economy for the economic and social prosperity of the Republic;

(b) promote universal access primarily in underserviced areas;

(c) promote the understanding and, acceptance of an growth in the number of electronic transactions in the Republic;

(d) remove and prevent barriers to electronic communications and transactions in the Republic;

(e) promote legal certainty and confidence in respect of electronic communications and transactions;

(g) encourage investment and innovation in respect of electronic transactions in the Republic;

(h) promote the development of electronic transactions services which are responsive to the needs of users and consumers;

(i) promote the development of human resources in the electronic transactions environment;

(j) promote SMMEs within the electronic transactions environment.

What does the Act say about electronic transactions? Is the transaction valid? A data message is described in the definition section of the Act as :-

“data message” means data generated, sent, received or stored by electronic means and includes- (a) voice, where the voice is used in an automated transaction; and (b) a stored record.

“electronic communications” means a communication by means of data messages;

“information system” means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages and includes the internet.

There is nothing in the Act prohibiting a virtual disciplinary hearing.