| (1) | To achieve its objects, the Agency— |
| (a) | must, on behalf of a department and may, on behalf of a public body, which so requests in terms of subsection (4) or (5)— |
| (i) | provide or maintain a private telecommunication network or a value-added network service in accordance with the Telecommunications Act, 1996 (Act No. 103 of 1996); |
| (ii) | provide or maintain transversal information systems; and |
| (iii) | provide data-processing or associated services for transversal information systems. |
| (b) | may, on behalf of a department or public body, which so requests in terms of subsection (4) or (5), provide— |
| (ii) | application software development; |
| (iv) | data-processing or associated services for departmentally specific information technology applications or systems; |
| (v) | technical, functional or business advice or support, or research, regarding information technology; and |
| (vi) | management services for information technology or information systems. |
| (2) | For purposes of the Telecommunications Act, 1996, the provision of a private telecommunication network in terms of subsection (1)(a)(i) by the Agency on behalf of one or more departments or public bodies or one or more departments and public bodies, must be construed as the provision of that network by the State for purposes principally or integrally related to the operations of the State. |
| (3) | Despite any other law to the contrary, every department must, subject to subsection (4), procure all information technology goods or services through the Agency. |
| (4) | A department that wishes to acquire a service contemplated in— |
| (a) | subsection (1)(a), must— |
| (i) | acquire that service from the Agency in accordance with business and service level agreements concluded in terms of section 20; or |
| (ii) | procure that service through the Agency in terms of subsection (3) if the Agency indicates in writing that it is unable to provide the service itself; |
| (b) | subsection (1)(b), must either— |
| (i) | acquire that service from the Agency in accordance with business and service level agreements concluded in terms of section 20; or |
| (ii) | procure that service through the Agency in terms of subsection (3). |
| (a) | acquire a service contemplated in subsection (1)(a) or (b) from the Agency; and |
| (b) | procure any information technology goods or services through the Agency. |
| (a) | must set standards regarding— |
| (i) | the interoperability of information systems between departments, subject to the approval of the Minister; and |
| (ii) | a comprehensive information systems security environment for departments, subject to the approval of the Minister and the Minister of Intelligence; |
| (b) | must certify every acquisition of any information technology goods or services by a department for compliance with those standards; |
| (ii) | on request of any public body, sell or provide authentication products or services for that public body; and |
| (iii) | apply to the relevant authority for the accreditation of such authentication products or services in terms of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002); and |
| (d) | may carry out research regarding the use of information technology to improve the efficiency of the public administration. |
| (7) | If the Agency decides not to provide authentication products or services for a department or public body in terms of subsection (6)(c), the department or public body must procure through the Agency those products or services from a preferred authentication service provider referred to in section 28(2) of the Electronic Communications and Transactions Act, 2002. |
| (8) | In the performance of its duties and exercise of its powers, the Agency must— |
| (a) | eliminate unnecessary duplication of information technology goods or services; |
| (b) | leverage economies of scale to provide cost-effective service; and |
| (i) | government policies on information management and information technology and any framework of norms and standards which give effect to any such policies; |
| (ii) | any applicable regulations made under this Act or the Public Service Act, 1994 (Proclamation No. 103 of 1994); |
| (iii) | the standards referred to in subsection (5)(a); and |
| (iv) | the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000). |
| (9) | For purposes of protecting the security of the Republic, the Minister of Intelligence may exempt any intelligence service established as envisaged in section 209(1) of the Constitution from any provision of this Act. |
[Section 7 substituted by section 5 of Act No. 38 of 2002]
