| (2) | [Subsection (2) deleted by section 2(a) of Act No. 38 of 2002] |
| (3) | Despite the provisions of the Companies Act— |
| (a) | the Minister, on behalf of the State, must sign the memorandum of association, articles of association and all other documents necessary in connection with the formation and incorporation of the company; and |
| (b) | the Registrar of Companies must— |
| (i) | register the memorandum of association and articles of association as signed by the Minister; |
| (ii) | incorporate the company as a private company under the name "State Information Technology Agency (Pty) Ltd"; and |
| (iii) | issue to the company a certificate to commence business with effect from the date of the company’s incorporation. |
| (4) | The Agency will initially comprise of— |
| (a) | the Central Computer Services of the Department of State Expenditure; |
| (c) | the sub-component Information Systems within the Department of Safety and Security; and |
| (4A) | Despite anything to the contrary in this Act— |
| (a) | any service of the Agency used immediately before the commencement of the State Information Technology Agency Amendment Act, 2002, by a department in respect of which a component initially constituted the Agency as contemplated in subsection (4), must be continued to be used by that department, unless terminated by agreement between the department and the Agency; and |
| (b) | any asset of that component transferred to the Agency in terms of section 19(2) remains the asset of the Agency and the responsible department may not require the return of that asset. |
[Subsection 4(A) inserted by section 2(b) of Act No. 38 of 2002]
| (5) | [Subsection (5) deleted by section 2(c) of Act No. 38 of 2002] |
| (6) | [Subsection (6) deleted by section 2(c) of act No. 38 of 2002] |
| (7) | The Agency must, at incorporation, be exempt from the provisions of sections 63 and 172 of the Companies Act. |
