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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter X : Domain Name Authority and Administration

Part 6 : Alternative dispute resolution

69. Alternative dispute resolution


(1) The Minister, in consultation with the Minister of Trade and Industry, must make regulations for an alternative mechanism for the resolution of disputes in respect of the .za domain name space.


(2) The regulations must be made with due regard to existing international precedent.


(3) The regulations may prescribe –
(a) procedures for the resolution of certain types of disputes determined in the regulations and which relate to a domain name registration;
(b) the role which the Authority must fulfil in administering the dispute resolution procedure;
(c) the appointment, role and function of dispute resolution adjudicators;
(d) the procedure and rules which must be followed in adjudicating disputes;
(e) unlawful actions or activities in respect of domain names, distinguishing between criminal and civil liability;
(f) measures to prevent unlawful actions or activities with respect to domain names;
(g) the manner, costs of and time within which a determination must be made;
(h) the implementation of determinations made in terms of the dispute resolution procedure;
(i) the limitation of liability of registrars and registries for implementing a determination; and
(j) the enforcement and publication of determinations.