Deon Robertson, CEO at Integr8 IS, confirms that the company received confirmation of the status of the solution as being fully certified and compliant with the extensive South African records management legislative framework.
This includes the Electronic Communications and Transactions Act (ECT Act); the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RIC Act) and the King II Report.
Compliance with this legislation is a critical and strategic step in the successful launch of the solution into the local market adds Robertson.
According to Gerrie van Gaalen, an ICT attorney at the legal firm Van Gaalen Attorneys, e-mail archiving should form an integral part of any organisation's record management set up.
“Retention of electronic records, such as emails and attached documents, are imperative to ensure that any organisation adhere to South Africa legislation dealing with retention of records. However, an email service such as Preserv8 should not only retain records but be able to present emails and attached documents in such manner that will be admissible in court and carry evidential weight,” he says.
E-mail is key to the discovery process during litigation, even deleted emails and emails taken home by employees, adds Van Gaalen.
“We all know that the vast majority of information generated in organisations these days is in electronic format. The duty to discover and the costs associated with discovery are borne by the party producing same. As per a recent technical review of the solution, it was established that it not only enables an organisation to retain email and attached records in accordance with South Africa's retention laws, but also retain emails in accordance with section 15 of the Electronic Communications and Transactions Act of 2002, enabling Preserv8 users to present email during discovery in a format that will carry evidential weight.”
