105
(bb)
afford the company, entity or person the opportunity to make written
representations on any aspect relating to the Cabinet member‟s intention
to declare the information infrastructure, as a National Critical Information
Infrastructure;
(iii)
(cc)
consider the representations of the company, entity or person; and
(dd)
give a written decision to the company, entity or person; or
where the information infrastructure, or any part thereof, belongs to a bank as
defined in section 1(1) of the Banks Act, 1990 (Act No. 94 of 1990), a mutual
bank as defined in section 1(1) of the Mutual Banks Act, 1993 (Act No. 124 of
1993), a co-operative bank as defined in section 1(1) of the Co-operative Banks
Act, 2007 (Act No. 40 of 2007) or the South African Reserve Bank as
contemplated in the South African Reserve Bank Act, 1989 (Act No. 90 of
1989)—
(aa)
consult with the Cabinet member responsible for finance, the South
African Reserve Bank as contemplated in the South African Reserve Bank
Act, 1989 (Act No. 90 of 1989), and the Financial Services Board
established by section 2 of the Financial Services Board Act, 1990 (Act 97
of 1990);
(bb)
consult with the bank in question;
(cc)
afford the bank the opportunity to make written representations on any
aspect relating to the Cabinet member‟s intention to declare the
information structure, as a National Critical Information Infrastructure;
(dd)
consider the representations of the bank; and
(ee)
give a written decision to the bank.
(b)
(i)
A company, entity, person or bank may appeal
against any decision of the Cabinet member in terms of paragraph (a)(ii)(dd) or
(a)(iii)(ee) to the High Court.
(ii)
An appeal in terms of paragraph (b)(i) must—