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must within 12 months of the date of commencement of this Act, submit to the Cabinet
member responsible for State security, information and recommendations regarding
information infrastructures which need to be declared as National Critical Information
Infrastructures.
(2)
The Cabinet member responsible for State security may, subject to
subsection (3), after considering any information and recommendations made to him or
her in terms of subsection (1) or at any time, by notice in the Gazette, declare any
information infrastructure, or category or class of information infrastructures or any part
thereof, as National Critical Information Infrastructures if it appears to the Cabinet
member that such information infrastructure or information infrastructures are of such a
strategic nature that any interference with them or their loss, damage, disruption or
immobilization may—
(a)
prejudice the security, the defence, law enforcement or international relations of
the Republic;
(b)
prejudice the health or safety of the public;
(c)
cause interference with or disruption of, an essential service;
(d)
causes any major economic loss;
(e)
cause destabilization of the economy of the Republic; or
(f)
create a public emergency situation.
(3)
(a)
Before the Cabinet member responsible for State security
declares an information infrastructure to be a National Critical Information Infrastructure
as contemplated in subsection (2), he or she must—
(i)
with the exception of the State Security Agency, as referred to in section 3(1) of
the Intelligence Services Act, 2002 (Act No. 65 of 2002), where the information
infrastructure, or any part thereof, belongs to a Department of State, consult with
the Cabinet member responsible for that Department;
(ii)
where the information infrastructure, or any part thereof belongs to a company or
entity that is not a state-owned or a person—
(aa)
consult with the company, entity or person;