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“computer system”, means a device or collection of devices, including input and output
devices capable of being used with external files which contain computer
programmes, electronic instructions, input and output data that performs logic,
arithmetic, data storage and retrieval, communication control and other functions;
“digital signature” means an electronic signature created by computer that is intended
by the registered user using it and by the Commissioner accepting it to have the
same effect as a manual signature, and which complies with the requirements for
acceptance as a digital signature specified in section 98F(1);
“electronic data” means any information, knowledge, fact, concept or instruction stored
internally in the memory of the computer or represented in any form (including
computer printouts, magnetic optical storage media, punched cards or punched
tapes) that is being or has been prepared in a formalised manner and is intended to
be or is being or has been processed in a computer system or network;
“electronic record or communication” means electronic data that is recorded, received
or sent in an electronic form or in microfilm or computer-generated microfiche;
“intermediary”, with respect to any particular electronic communication, means any
person who on behalf of another person receives, stores or transmits that
communication or provides any service with respect to that communication;
“Internet” has the meaning given to that word by the Postal and Telecommunications
Act [Chapter 12:05];
“originator”, means a person who sends, generates, stores or transmits any electronic
communication to be sent, generated, stored or transmitted to any other person, but
does not include an intermediary;
“registered user” means a person registered in terms of section 98E;
“user agreement”, means the agreement between the registered user and the
Commissioner referred to in section 98D.
98B
Use of electronic data generally as evidence
(1) Notwithstanding anything to the contrary contained in any other law, the
admissibility in evidence of any electronic data for any purpose under this Act shall not be
denied—
(a) on the sole ground that it is electronic data; or
(b) if it is the best evidence that the person adducing it can reasonably be expected to
obtain, on the grounds that it is not in original form.
(2) Information in the form of electronic data shall be given due evidential weight.
(3) In assessing the evidential weight of electronic data a court shall have regard to such
of the following considerations as may be applicable in the circumstances of the case—
(a) the reliability of the manner in which the data was generated, stored and
communicated; and
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