n South African Law Journal - Administrative-law aspects of domain name dispute adjudication : notes

Volume 125, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The process of setting up a domain name dispute-resolution structure outside the civil courts has its genesis in the Electronic Communications and Transactions Act 25 of 2002 (the ECT Act), which came into operation on 30 August 2002. As its title indicates, the Act regulates various aspects of commercial and other activities performed electronically. Among other provisions, the Act establishes a juristic person known as the .za Domain Name Authority (ZADNA) (s 59). It is noteworthy that this body, too, must be incorporated under s 21 of the Companies Act (s 60(1)). The memorandum and articles of association must be consistent with the chapter of the Act concerned (s 61(1)), and cannot be amended without the approval of the Minister of Communications (s 61(2)).

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