Tanzania Act or statute

Parliament of Tanzania

The e-Government Act, 2019

ICT asset managementICT governanceICT infrastructureICT oversightICT project governanceICT projectsICT securityICT security governanceICT security managementICT security operationsICT systemsaccounts and auditappointment and removalappointmentsapproval processasset controlattendanceauditauditsauthority fundingauthority governanceauthority managementauthority powersbackupboard compositionboard decision-makingboard functionsboard governanceboard meetingsboard membershipboard procedureboard proceedingsbudget controlbudgetingcommittee administrationcommittee governancecomplaints handlingcompliancecompliance enforcementconstructionconstruction complianceCompany lawcorporate oversightcorporate recordkeepingData protectiondata availabilitydata confidentialitydata governanceData protectiondata sharingdecision-makingdigital platformsdigital servicesdigitalizationdisaster recoverydisclosuredocument retentione-Government servicese-governmente-government securityelectronic data managementelectronic government data managementelectronic receiptselectronic recordselectronic storageelectronic transactionsenforcementethics complianceexpenditure controlfee collectionfinancial reportingfinancial yearfund managementgovernancegovernment ICT governancegovernment ICT oversightgovernment ICT resourcesgovernment ICT servicesgovernment ICT usegovernment authoritygovernment communicationgovernment digital servicesgovernment infrastructuregovernment liabilitygovernment service deliverygovernment serviceshuman resourcesidentity and access managementincident managementinformation governanceinformation securityinformation system continuity managementinformation systems securityinternal governancejudgment enforcementleadershiplitigationmeeting attendancemeeting noticemeetingsmember disqualificationnetwork securitynoticeorganizational staffingorganizational structurepayment compliancepaymentspayments authorizationprocurement standardsproject reportingpublic administrationpublic authority administrationpublic institutionspublic sector compliancequalificationsquorumreceiptsrecord keepingrecords auditrecords managementregulatory clearanceregulatory compliancereportingreporting linesrulemakingsecurity operationssecurity reportingservice chargesservice providerssoftware procurementspecial meetingsstaff administrationstaffingstatutory amendmentstatutory text amendmentsystem deploymentsystem developmentsystem hostingsystem maintenancesystem operationssystem securitytemporary appointmentterm limits

Jurisdiction: Tanzania
Structure: 80 provisions
Citation: The e-Government Act, 2019
Dates: Undated source snapshot

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Official source

Purpose and legislative effect

“This section names the Act as the e-Government Act, 2019 and lets the Minister set the commencement date by Gazette notice.”

This section names the Act as the e-Government Act, 2019 and lets the Minister set the commencement date by Gazette notice. This Act applies to all public institutions of the Government of the United Republic. This section defines key terms used in the Act, including “asset,” “Authority,” “availability,” “Board,” “data,” and “public institution.” The e-Government Authority is established as a body corporate, the Attorney General may intervene in suits involving it, and the Authority must notify the Attorney General about impending or intended suits against it. The Authority is given powers to coordinate and oversee e-Government initiatives, enforce related ICT rules in public institutions, and carry out listed support and oversight functions.

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This section names the Act as the e-Government Act, 2019 and lets the Minister set the commencement date by Gazette notice.

Section 1

Public institutions must establish an ICT Management Unit, staffed with qualified ICT specialists, and its head must report directly to the institution’s accounting officer.

Section 21

A public institution must manage ICT security incidents promptly and effectively, prepare for possible incidents, and report significant incidents to the Authority.

Section 41

The Minister may make regulations and, after consulting the Authority, set rules and standards on ICT-related public service matters and equipment for public institutions.

Section 60

Short title and commencement

The Board has power to make its own procedure for meetings and how those meetings are conducted, subject to the Act.

Section 14

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Showing 80 of 80 provisions

Provision 66Offence 4Amendment 4Short title 2

Part

PART I

§ 12Commencement

This section names the Act as the e-Government Act, 2019 and lets the Minister set the commencement date by Gazette notice.

1. This Act may be cited as the e-Government Act, 2019 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. Application

Section 1Verify source

§ 23Interpretation

This Act applies to all public institutions of the Government of the United Republic.

2. This Act shall apply to all public institutions of the Government of the United Republic. Interpretation

Section 2Verify source

§ 34Provision

This section defines key terms used in the Act, including “asset,” “Authority,” “availability,” “Board,” “data,” and “public institution.”

3. In this Act, unless the context otherwise requires - “asset” means any property owned by the Authority whether tangible or intangible, including physical property, land, shares or proprietary rights; 4 No. 10 The e-Government Act 2019 ___________________________________________________________ “Authority” means the e-Government Authority established under section 4; “availability” means ensuring timely and reliable access to and use of information; “Board” means the Board of Directors of the e-Government Authority established under section 7; “confidentiality” means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; “critical application software” means application software core which is used to deliver perform institutions or Government business processes; “critical system” means a system which is used to deliver or perform core institutions or Government business processes; or “data” means any information presented in an electronic form; “Director General” means the Director General of the Authority appointed under section 11; “e-Government” means communication Government to deliver public services; the use of technologies information and the by (ICT) “e-Government initiative” means any intervention taken by public institution for the purpose of implementing e- government; “e-Government security” means ICT security in the public sector; “e-Government services” means all services which are “e-Government Technical Committee” means delivered by public institutions by electronic means; the e- Government Technical Committee established under section 17; “electronic communication” means any transfer of sign, signal or computer data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, photo optical or in any other similar form; "electronic record" means a record that is created, generated, sent, communicated, received, stored or accessed by electronic means; “ICT disposal” means ICT equipment and software disposal; “ICT infrastructure” means composite hardware, software, network resources and services required for the 5 No. 10 The e-Government Act 2019 ___________________________________________________________ existence, operation and management of an enterprise ICT environment; “ICT project” means a project for acquiring, sourcing or for infrastructure or improving undertaking e-Government initiatives; systems ICT “ICT Security” means protecting information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide confidentiality, integrity and availability; “ICT system” means an ICT set-up consisting of hardware, technology and software, data, communication people who use them; “Institutional the ICT Steering Committee” means Institutional ICT Steering Committee established under section 18; “integrity” means guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity; “interoperability” means the ability of different information technology systems and software applications to communicate, exchange data and use of information that has been exchanged; “metadata” means a set of data that describes and provides information about other data; “Minister” means the Minister responsible for e- Government; “National e-Government Steering Committee” means the Steering Committee e-Government National established under section 16; “public institution” Means ministries, independent departments, regional secretariats, local government authorities, parastatal organizations, public corporations or any other semi-autonomous Government institutions; autonomous or executive agencies, Cap 309 “record” has the meaning ascribed to it under the Records and Archives Management Act; “service provider” means an organization, business or individual which offers electronic service to a public institution. 6 No. 10 The e-Government Act 2019 ___________________________________________________________ Establishment of Authority PART II ESTABLISHMENT OF THE AUTHORITY

Section 3Verify source

Part

PART II

§ 45Provision

The e-Government Authority is established as a body corporate, the Attorney General may intervene in suits involving it, and the Authority must notify the Attorney General about impending or intended suits against it.

4.-(1) There is established an Authority to be known as ‘e-Government Authority’, also known in its acronym as “e-GA”. (2) The Authority established under subsection (1) shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of: (a) suing and being sued; (b) acquiring, holding and disposing of movable and immovable property; (c) exercising the powers and performing the functions conferred upon it by or under this Act; and Cap. 5 (d) entering into any contract or other transaction, and doing or suffering to do all such other acts and things which a body corporate may lawfully perform, do or suffer to be done. (3) Notwithstanding the preceding provisions of this section, the Attorney General shall have the right, through the Solicitor General, to intervene in any suit or matter instituted by or against the Authority. (4) Where the Attorney General intervenes in any matter in pursuance of subsection (3), the provisions of the Government Proceedings Act, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government: Provided that, the requirement of ninety days notice of intention to sue the Government as stipulated under the Government Proceedings Act shall not apply where the Attorney General intervenes under this section. (5) Notwithstanding the provisions of subsection (2), the Authority shall have a duty to notify the Attorney General of any impending suit or intention to institute a suit or matter against the Authority. Functions of Authority

Section 4Verify source

§ 56Provision

The Authority is given powers to coordinate and oversee e-Government initiatives, enforce related ICT rules in public institutions, and carry out listed support and oversight functions.

5.-(1) The Authority shall coordinate, oversee and promote e-Government initiatives and enforce e-Government related policies, laws, regulations, standards and guidelines in public institutions. (2) Without prejudice to subsection (1), the functions 7 No. 10 The e-Government Act 2019 ___________________________________________________________ of the Authority shall be to: (a) promote and provide quality e-Government services to public institutions; laws, (b) enforce compliance by public institutions to the National ICT Policy, e-Government related standards and policies, regulations, acquisition, guidelines implementation, and delivery, maintenance of ICT infrastructure and systems; e- and assistance on Government initiatives to public institutions; (d) approve software and hardware to be used by (c) provide guidance planning, support during public institutions; (e) promote cooperation and coordination among users and providers of ICT services in public institutions; (f) ensure end to end visibility of Government ICT systems and other systems offering services to the Government including undertaking periodic audits of them; (g) ensure integration and interoperability of Government ICT systems and other systems offering services to the Government; (h) enhance capacity of public institutions to implement e-Government initiatives; (i) set technical standards and procedures for technology information and communication planning, implementation, acceptance, support, sustainance, disposal, risk management, data protection, security and contingency management for public institutions; acquisition, (j) in collaboration with other relevant authorities, undertake ICT systems audits and ICT security assessments on Government ICT systems and other private ICT systems offering services to the Government; (k) facilitate public institutions to access shared ICT infrastructure and systems; (l) monitor and evaluate e-Government implementation in the Public institutions; (m) facilitate and support implementation of all sector specific ICT systems and services; (n) advise the Government on implementation of e- Government; 8 No. 10 The e-Government Act 2019 ___________________________________________________________ (o) facilitate public access to e-Government services; (p) provide technical advice on ICT human resources public development and in recruitment institutions; (q) promote e-Government research, development and innovation in public institutions; (r) establish and maintain secure shared Government ICT infrastructure and systems; ICT (s) develop mechanisms for enforcement of ICT security standards and guidelines, provision of security operations, and support on implementation of Government-wide cyber security strategies; technical advice on Government business process re-engineering and integration; and (t) provide (u) perform such other functions as may be conferred on the Authority by this Act or any other written law. Powers of Authority

Section 5Verify source

§ 67Provision

The Authority has powers to obtain information, investigate and audit ICT matters, inspect and access systems, manage complaints, stop noncompliant ICT projects, and request assistance.

6. The Authority shall, in the performance of its functions under this Act have powers to: (a) demand any information, document, record or report in respect of any ICT related system, infrastructure, project or initiative from any public institution; (b) commission or undertake investigations or performance audits on any ICT project, systems and infrastructure in the public institutions; systems and infrastructure to ensure compliance with e- Government standards and guidelines by any public institution; project, ICT any (c) inspect (d) manage complaints related to e-Government services from public, service providers or any other person; (e) commission or undertake any study relevant to the determination of any decision made in executing ICT projects in the public institutions; (f) stop any implementation of ICT project by public institution which is not in compliance with e-Government standards and guidelines; (g) demand physical or logical access to any public infrastructure, or systems, ICT institution 9 No. 10 The e-Government Act 2019 ___________________________________________________________ networks for the purposes of conducting ICT audits or ICT security assessments. (h) require any public institution to- (i) furnish any information or produce any record or any document relating to ICT projects, systems or infrastructure; or (ii) answer all relevant questions relating to e-Government initiatives; (i) examine records or other documents and take copies or extracts therefrom; and (j) request any professional or technical assistance from any appropriate body within or outside the United Republic. PART III ADMINISTRATION OF THE AUTHORITY Establishment Board of

Section 6Verify source

Part

PART III

§ 78Provision

This section sets up the e-Government Authority Board and says who appoints its members.

7.-(1) There shall be a Board of Directors of the Authority to be known as e-Government Authority Board which shall be the governing body of the Authority. (2) The Board shall be composed of the Chairman who shall be appointed by the President and eight other members to be appointed by the Minister as follows: (a) a member from the Ministry responsible for e- Government; (b) a member from the institution responsible for revenue collection; (c) a member institution; from public higher learning (d) a member from the Ministry responsible for communication; (e) a law officer from the Office of the Attorney General; (f) a member from the Ministry responsible for local government Authorities; and (g) two members as the Minister may consider necessary. (3) The Minister shall, in appointing members under subsection (2)- (a) ensure that at least three members are experts in or tax management ICT, telecommunication engineering; and finance and (b) have due regard to gender. (4) The Director-General shall be the Secretary to the 10 No. 10 The e-Government Act 2019 ___________________________________________________________ Functions of Board Board. (5) The provisions of the Schedule shall have effect as to the tenure of office of the members, proceedings of the Board and other matters relating to the Board.

Section 7Verify source

§ 89Provision

The Board has authority to advise, approve, monitor, appoint, oversee, discipline, report, and carry out other functions directed by the Minister.

8. Functions of the Board shall include to- (a) advise the Minister on matters relating to e- Government initiatives; (b) approve and monitor the implementation of policies pertaining to the Authority; (c) approve career development plans, staffing levels and terms and conditions of service for the staff of the Authority; (d) appoint and confirm managerial staff of the Authority; (e) conduct managerial oversight and review the activities and performance of management of the Authority; (f) evaluate the performance of management team and take necessary measures; the entire (g) exercise disciplinary power over managerial staff of the Authority; (h) ensure effective and efficient use of resources of the Authority; (i) approve the Authority’s corporate strategic plan, annual work programme and annual budget; (j) approve financial and performance reports of the Authority; (k) report to the Minister the progress of the business of the Authority on quarterly basis; and (l) perform any other functions as may, subject to the provisions of this Act, be directed by the Minister. Committees of Board

Section 8Verify source

§ 910Provision

The Board must establish committees for specific functions and may determine how many committees are needed.

9.-(1) The Board shall, for the purpose of facilitation of performance of its functions under this Act, establish such number of committees to perform specific functions as the Board may determine. (2) The committee established under subsection (1) shall perform the functions of the Board upon such terms and conditions as the Board may determine. Delegation of functions and

Section 9Verify source

§ 1011Provision

The Board may delegate functions or powers to a Board committee or the Director General, but not certain core powers, and delegated powers must be exercised in the Board’s name.

10.-(1) The Board may, subject to such terms and 11 No. 10 The e-Government Act 2019 ___________________________________________________________ powers of Board Director General conditions as it deems necessary, delegate to any committee of the Board or to the Director General any functions or powers vested in it by this Act or any other written law: Provided that, the Board shall not delegate its powers to- (a) prescribe fees, charges and commissions; (b) borrow or lend money; and (c) appointment of management staff of the Authority. (2) Any power or function so delegated shall be exercised or performed by the committee of the Board or Director General in the name and on behalf of the Board. (3) Notwithstanding the delegation made under subsection (1), the Board may exercise any power or perform any function so delegated under this Act.

Section 10Verify source

§ 1112Provision

The President appoints a Director General, who must meet specified qualification and experience requirements.

11.-(1) There shall be a Director General to be appointed by the President who shall be the chief executive officer and accounting officer accountable to the Board for the proper administration and management of the functions and affairs of the Authority. (2) A person shall not qualify for appointment as a Director General unless that person- (a) is a holder of at least a post graduate degree in information the field of computer science, technology, data communication or electronic engineering and its telecommunication or equivalent from a recognized university; and (b) has at least five years working experience in managerial position in the field stipulated in paragraph (a). (3) The Director General shall, subject to his satisfactory performance, hold office for a period of five years and shall be eligible for re-appointment for one more term. Functions of Director General

Section 11Verify source

§ 1213Provision

The Director General is responsible for managing the Authority and its funds, property, business, staff administration, and related human resources, and must comply with the Public Service Act and other relevant laws.

12.-(1) Without prejudice to the generality of section 11, the Director General shall be responsible for the- (a) management and operations of the Authority; (b) management of the funds, property and business of the Authority; (c) appointment, confirmation, promotion and 12 No. 10 The e-Government Act 2019 ___________________________________________________________ discipline of staff of the Authority other than managerial staff; (d) promotion of training and career development of all staff of the Authority; and (e) management of other human resources and administration related issues of all staff of the Authority. (2) In fulfilling the responsibilities stated under subsection (1), the Director General shall comply with the provisions of the Public Service Act and such other relevant laws as may be required.

Section 12Verify source

§ 1314Provision

The Authority must have the number and categories of directors and staff needed to manage its functions, and those directors and staff must report to the Director General when carrying out their functions.

13.-(1) There shall be such number of directors and other staff of the Authority in such number and categories as may be required to manage and perform the functions of the Authority under this Act. (2) In the performance of their functions under this Act, the directors and other staff of the Authority shall be accountable and report to the Director General. Cap. 298 Directors and other staff of Authority Appeal

Section 13Verify source

§ 14Short title and commencementShort title

A person aggrieved by a decision of the Board or Director General may seek a remedy under the Public Service Act.

14. A person who is aggrieved with the decision of the Board or of the Director General may seek remedy in accordance with the Public Service Act. MANAGEMENT AND OPERATIONS OF e-GOVERNMENT PART IV e-Government governance structure and processes

Section 14Verify source

Part

PART IV

§ 1516Provision

This section establishes an e-Government governance structure and processes in the Public Service to oversee implementation and proper use of ICT in public institutions.

15.-(1) There shall be established e-Government governance structure and processes in the Public Service to govern and control the implementation and proper use of ICT in public institutions. (2) The e-Government governance structure under subsection (1) shall include National e-Government Steering Committee, e-Government Technical Committee and Institutional e-Government Steering Committee. National e- Government Steering Committee

Section 15Verify source

§ 1617Provision

This section establishes the National e-Government Steering Committee and gives it e-government oversight, policy, approval, advisory, and reporting functions.

16.-(1) There is established a National e-Government Steering Committee for overseeing national e-Government matters. (2) The National e-Government Steering Committee 13 No. 10 The e-Government Act 2019 ___________________________________________________________ shall be composed of the following members: (a) the Chief Secretary who shall be the Chairman; (b) the Permanent Secretary of responsible for e-Government; (c) the Permanent Secretary of the Ministry the Ministry responsible for ICT; (d) the Permanent Secretary of the Ministry responsible for finance; (e) the Permanent Secretary of the Ministry responsible for Local Government; (f) the Deputy Attorney General; and (g) the Director General. (3) The National e-Government Steering Committee shall perform the following functions: (a) provide strategic and policy direction required to drive the transformation of the public service delivery and administration in the digital age; (b) approve cross cutting ICT policies, strategies, master plan and directives in the Government; (c) advise on key ICT projects and programmes to ensure synergistic and cost-effective adoption of ICT in the Government; (d) advise the Minister on all matters relating to e- Government; and (e) perform such other functions as may be directed by the Minister. (4) The Ministry responsible for e-Government shall serve as secretariat to the National e-Government Steering Committee. (5) The e-Government Steering Committee shall prepare semi annual report of its deliberations and submit the report to the Minister. e-Government Technical Committee

Section 16Verify source

§ 1718Provision

The Minister must establish an e-Government Technical Committee, and the committee must carry out listed advisory, approval, guidance, reporting, and coordination functions.

17.-(1) The Minister shall establish e-Government Technical Committee for providing technical guidance to public institutions on implementation of ICT initiatives. (2) The e-Government Technical Committee shall be appointed among heads of ICT of ministries and ICT technical directors of public institutions. (3) The Chairman of e-Government Technical 14 No. 10 The e-Government Act 2019 ___________________________________________________________ Committee shall be appointed by the Minister and the Secretary shall be appointed by the Authority. (4) The e-Government Technical Committee shall perform the following functions: (a) to review and recommend on e-Government policies for adoption by all public institutions; (b) to review and recommend on e-Government master plan and strategies for adoption by all public institutions; (c) to approve e-Government standards and practices across public facilitate data sharing to institutions; (d) to review and recommend on key national e- Government Projects and programmes; (e) to provide technical guidance on resolving conflicts on implementation of key ICT projects and initiatives in public institutions; (f) advise the National e-Government Steering to e- relating Committee on all matters Government; and (g) perform such other functions as may be directed by the Authority or the National e-Government Steering Committee. (5) The e-Government Technical Committee shall, in the performance of its functions under this Act, be accountable and report the National e-Government Steering Committee. to (6) The e-Government Technical Committee shall prepare reports of its deliberations on quarterly basis and submit to the e-Government Steering Committee. (7) The e-Government Technical Committee may, for efficient operation of its functions under subsection (4), form such number of subcommittees to perform technical functions as it may determine.

Section 17Verify source

§ 1819. Meetings of committeesProvision

Public institutions must set up an Institutional ICT Steering Committee, and the committee must carry out listed ICT oversight and reporting functions.

18.-(1) The accounting officer of each public institution shall establish an Institutional ICT Steering Committee on for implementation of ICT initiatives. providing technical guidance (2) The Institutional ICT Steering Committee shall be composed of a minimum of six and maximum of seven members as follows: (a) accounting officer who shall be the Chairman; 15 Institutional ICT Steering Committee No. 10 The e-Government Act 2019 ___________________________________________________________ (b) head of ICT who shall provide secretariat to the Committee; (c) head of planning; (d) head of procurement; (e) Chief Internal Auditor; (f) Chief Accountant; and (g) at least one head of key business unit. (3) The Institutional ICT Steering Committee shall perform the following functions: (a) to review and approve ICT policy and strategy of the institution; (b) to review and provide advice on ICT investment portfolio and priorities; (c) to ensure alignment of organization’s business needs; ICT with the (d) to ensure e-Government guidelines and standards are implemented by the institution; (e) to ensure continuous monitoring and evaluation of institutional ICT projects; (f) to review and approve institutional disaster effective ensure and its recovery plan implementation; (g) to approve any other institutional e-Government sub-committee as may, from time to time, be constituted and address specific ICT related matters; (h) to prepare and submit quarterly Ministerial e- Government progress report to the Authority; and (i) to perform such other functions as may be the the accounting officer or directed by Authority. (4) Institutional ICT Steering Committee for public institution other than Ministry, Region or Local Government Authority shall be composed of members from the Ministry under which the public institution belongs. (5) Institutional ICT Steering Committee for Local Government Authorities shall be composed of members from the Region in which the Local Government Authority belongs. (6) For effective data, security and service governance, public institutions may establish such other potential management sub-committees. 16 No. 10 The e-Government Act 2019 ___________________________________________________________ Meetings of Committees Operations, accountability and working relationship of committees Establishment ICT Management Unit e-government management (7) The Institutional ICT Technical Committee shall prepare quarterly report of its deliberations and submit to the e-Government Technical Committee.

Section 18Verify source

§ 19Meetings of committeesProvision

Committees must hold enough meetings or deliberations to perform their functions, and they may co-opt a person whose presence they consider desirable during a meeting.

19.-(1) The Committees established under sections 16, 17 and 18 shall, for the purpose of performing their respective functions, hold such number of meetings or deliberations of matters under this Act. (2) The Committees may, during the meeting, co-opt any person whose presence is in its opinion desirable in the deliberation of meeting of the committees.

Section 19Verify source

§ 2021Provision

The Minister may make regulations about committee operations, accountability, working relationships, and related matters.

20. The Minister may make regulations prescribing matters relating to the operations, accountability, working relationship of the committees and other relevant matters.

Section 20Verify source

§ 2122Provision

Public institutions must establish an ICT Management Unit, staffed with qualified ICT specialists, and its head must report directly to the institution’s accounting officer.

21.-(1) For the better carrying out the provisions of this Act, there shall be established in every public institution an ICT Management Unit with such number of staff as may be required for efficient performance of functions in the respective public institution. (2) The ICT Management Unit shall consist of ICT specialists with appropriate qualifications. (3) The ICT Management Unit shall be headed by a person with appropriate academic and professional qualification and experience in ICT. (4) The head of ICT Management Unit shall report directly to the accounting officer of the public institution. (5) For the purpose of this section, “ICT management unit” includes directorate, department or unit responsible for ICT matters in the public institution.

Section 21Verify source

§ 22Operations, accountability and working relationship of committeesProvision

Public institutions must manage e-Government initiatives in line with ministerial and Authority guidelines, and they must do an annual self-assessment and send the report to the Authority.

22.-(1) A public institution shall ensure that e- Government initiatives are managed in compliance with guidelines issued by the Minister and technical standards and guidelines issued by the Authority. (2) For the purpose of subsection (1), a public institution shall, on annual basis, conduct self-assessment on the implementation of e-Government initiatives and submit a copy of the report to the Authority. 17 No. 10 The e-Government Act 2019 ___________________________________________________________ (3) The Authority shall ensure that e-Government in institutions are managed initiatives within public compliance with guidelines issued by the Authority. PART V e-GOVERNMENT INFRASTRUCTURE AND SYSTEMS e-Government infrastructure ICT Projects

Section 22Verify source

Part

PART V

§ 2324Provision

Government-owned infrastructure projects must include ICT infrastructure, share ICT design details with the Authority, and provide space for communication infrastructure; installation of Government ICT infrastructure in roads, railways, or reserves is not subject to charges.

23.-(1) For the purpose of ensuring the Government has maximum optimization of infrastructure, approved public communication infrastructure for any communication. shall use Government institutions that (2) For the purpose of ensuring cost effectiveness and ICT readiness, construction of any Government owned infrastructure such as roads, railways, buildings and such other infrastructure shall, subject to the guidelines issued by the Authority- (a) include ICT Infrastructure as part of the project the standards, design conditions or guidelines issued by the Authority; (b) share all the necessary ICT design with the in accordance with Authority; and (c) provide necessary environment for installation of communication infrastructure. (3) Notwithstanding any other law to the contrary, the installation of Government ICT infrastructure in road, railway or any reserve shall not be subject to any charges.

Section 23Verify source

§ 2425Provision

Public institutions must follow ICT standards and guidelines set by the Authority, and institutions planning ICT projects must get advice/clearance and submit project details and a final report.

24.-(1) Each public institution shall implement ICT technical standards and projects guidelines as may be prescribed by the Authority. in compliance with (2) For the purpose of ensuring compliance with technical standards and guidelines and avoiding duplication of efforts, any institution that intends to implement ICT project shall submit to the Authority for advice and- (a) provide details of the projects during the planning stage and receive clearance from the Authority before solicitation of the funds; (b) formulate a competent project team; (c) Maintain all necessary project documents; and (d) submit final project report to the Authority in a format provided by the Authority. 18 No. 10 The e-Government Act 2019 ___________________________________________________________ e-Government systems

Section 24Verify source

§ 2526Provision

Public institutions must follow specified steps when developing, deploying, hosting, operating, and maintaining e-Government systems.

25. Public institutions shall, for the purpose of e- Government system sustainability, reliability, continuity and availability- (a) in the case of development of new system- (i) prepare all the necessary requirements and initial documentation based on the set of standards and guidelines as provided by the Government and share with the Authority; (ii) involve relevant stakeholders and avoid duplication; (iii) where applicable, use Government of systems instead centralized developing new system; (iv) formulate government competent team to participate in the system development; and (v) submit all system development reports to the Authority. (b) in the case of system deployment and hosting- (i) assess the system produce assessment report before deployment in the production environment; and and (ii) host the system to the Government approved hosting environment. (c) in the case of system operations and maintenance- (i) ensure availability of competent staff to support the system operations; (ii) establish user support mechanism of the system; and (iii) undertake regular maintenance of the system when required. Government resources ICT

Section 25Verify source

§ 2627Provision

Public institutions must manage Government ICT resources properly and follow five rules about software use, resource use, record-keeping, and obtaining specifications from the Authority.

26.-(1) For the purpose of proper utilization and management of Government owned ICT resources, public institutions shall - (a) observe value in and customization, interoperability in sourcing or using application for money, scalability, integration flexibility 19 No. 10 The e-Government Act 2019 ___________________________________________________________ software; (b) develop or apply licensed and approved software to conduct their business processes; (c) ensure Government ICT resources are used only for the benefits of the Government and its service delivery; (d) maintain a register of all Government ICT resources owned by the public institution through central system managed by the Authority; and (e) acquire Government ICT resources specifications guide from the Authority. (2) For the purpose of this section, “Government software, resources” ICT bandwidth, documents and other ICT related resources. equipment, includes ICT PART VI e-GOVERNMENT SERVICES Recognition of e- Government services

Section 26Verify source

Part

PART VI

§ 2728Provision

A public institution with power to handle data, information, documents, or services may do so electronically under this Act, and the Minister may issue Gazette guidelines on how electronic transactions and signatures must be handled.

27.-(1) Without prejudice to any other written law, where a public institution has power to deal with data or information or a document or to provide services, it may deal with that information or document or provide such services in electronic form in accordance with this Act. (2) For the purpose of subsection (1), the Minister may, by notice published in the Gazette, issue guidelines specifying- (a) the manner and format in which the electronic transaction shall be made; (b) the type of electronic signature required, in cases where an electronic transaction has to be signed; (c) the manner and format in which the electronic signature may be attached or associated with an electronic transaction; (d) the identity or criteria to be met by an authentication service provider for e-Government services; (e) the appropriate control process and procedure to and information, an electronic ensure adequate confidentiality of transaction or an electronic payments; and integrity, security 20 No. 10 The e-Government Act 2019 ___________________________________________________________ (f) any other requirements that relate to electronic transaction. (3) For the purpose of this section, “electronic transaction” includes transmission of data, information, document or providing services electronically. Delivery of e- Government services

Section 27Verify source

§ 2829Provision

A public institution must use ICT and related service-design measures to deliver e-Government services properly.

28. A public institution shall, for proper delivery of e-Government services- (a) use ICT to deliver government services to achieve objectives of the institution; (b) ensure business processes subject re- engineered to enhance e-Government service provision; for (c) ensure availability of e-Government services that are reliable and citizen-centric; (d) use appropriate channels and languages that enable citizens to access Government services based on available technologies; (e) consider impact on persons with limited access to e-services and persons with disabilities; (f) ensure e-Government services delivered have adequate support systems to end users; (g) maintain and and promote interoperable systems to be used in service provision; and integrated (h) ensure any business process that facilitates revenue generation is automated and integrated with approved Government payment systems. Reduction of paper documents

Section 28Verify source

§ 2930Provision

Public institutions must cut paper documents by digitalizing work processes and sharing administrative information, and the Minister may make regulations for implementation.

29.-(1) Public institutions shall reduce paper documents acquired, prepared, circulated, and preserved by it by innovating and digitalizing work processes and sharing administrative information amongst public institutions. Electronic records (2) The Minister may make regulations prescribing matters related for implementation of this section.

Section 29Verify source

§ 3031Provision

A records-retention requirement is treated as satisfied if the records are kept electronically and the stated access, format, and identification details are available.

30.-(1) Where any law provides that records shall be retained for any specific period, that requirement shall be deemed to have been satisfied if such records are retained in the electronic form if- (a) the information contained in that record remains accessible so as to be usable for a subsequent reference; 21 No. 10 The e-Government Act 2019 ___________________________________________________________ (b) the electronic record is retained in the format information which originally generated, sent or received; and represent accurately the (c) the details which will facilitate the identification of the origin, destination, date and time of dispatch or receipt of such electronic record are available in the electronic record. Cap 309 (2) Management and use of public electronic records shall be in accordance with the Records and Archives Management Act. Payment of money and issuance of receipt in electronic form Cap.442 Publication of documents in electronic Gazette Electronic communication of Government

Section 30Verify source

§ 3132Provision

A payment or payment-receipt requirement is satisfied if the payment is made, or the receipt is issued, electronically under the Electronic Transactions Act.

31. Where the law requires payment to be made or issuance of any receipt of payment, that requirement shall be met if payment is made or receipt is issued by an electronic means in accordance with the Electronic Transactions Act.

Section 31Verify source

§ 3233Provision

If a law requires a document to be published in the Gazette, that requirement is treated as satisfied when the document is published in the Gazette or the electronic Gazette.

32. Where any law provides that any document shall be published in the Gazette, such requirement shall be deemed to have been satisfied if such document is published in the Gazette or electronic Gazette.

Section 32Verify source

§ 3334Provision

Electronic communication counts as meeting certain official-government communication requirements, and the Minister may make rules about approved systems, devices, and information that cannot be sent electronically.

33.-(1) Where any law provides for- (a) the sending of any letter, request, report, internal memo or any other document within Government office, authority, body or agency in a particular manner; and (b) the issue of short messaging, calling, video or any other form of multimedia communication within the Government offices or officials, such communication shall be deemed to have been met if effected by means of electronic form. (2) The Minister may, for the purposes of subsection (1), by rules, prescribe- (a) the standards of the approved systems and devices to be used for official Government Communication; and (b) the category, type, classification of information and data that shall not be transmitted through 22 No. 10 The e-Government Act 2019 ___________________________________________________________ electronic communication. Audit of documents in electronic form

Section 33Verify source

§ 3435Provision

If a law allows audit of documents, records, or information, that same law also applies to those items when they are kept in electronic form.

34. Where any law provides for audit of documents, records or information, that law shall also be applicable for audit of documents, records or information processed and maintained in electronic form. Delivery of services by service provider

Section 34Verify source

§ 3536Provision

The Minister may authorize a service provider to integrate with government systems and maintain or upgrade computerized facilities, and an authorized provider may collect and keep prescribed service charges.

35.-(1) The Minister may, with the advice of the Authority, for the purposes of efficient Government authorize any service provider to integrate with the government systems, maintain and upgrade the computerized facilities and perform such services as it may be specified, by order published in the Gazette. (2) A service provider authorized under subsection (1) may collect, and retain appropriate service charges, as may be prescribed by the Minister in consultation with the the purposes of Minister responsible for finance, for providing such services. PART VII e-GOVERNMENT SECURITY Establishment of e- Government Security Operations Center

Section 35Verify source

Part

PART VII

§ 3637Provision

This section establishes an e-Government Security Operations Center and allows the Minister to make regulations about its composition and duties.

36.-(1) Without prejudice to any other written law, there shall be established e-Government Security Operations Center. (2) The Minister may make regulations with respect to the composition and duties of e-Government Security Operations Center. ICT security governance and management

Section 36Verify source

§ 3738Provision

A public institution must put ICT security governance measures in place, keep them under review, follow prescribed technical standards, assess ICT security risks regularly, and send regular ICT security reports to the Authority.

37. A public institution shall, for the purpose of ICT security governance and management- (a) develop and implement institutional ICT security policy and ICT security strategy that provide directives for managing ICT security; (b) set and review objectives for ICT security strategy and make budgetary provisions to achieve those objectives; (c) establish ICT security governance structure that provides strategic direction and oversight of ICT security issues; (d) comply with technical standards and guidelines prescribed by the Minister on ICT the 23 No. 10 The e-Government Act 2019 ___________________________________________________________ security matters; (e) perform regular ICT security risk assessment at such intervals as may be prescribed by the Authority; and (f) prepare regular ICT security reports and submit them to the Authority. ICT security operations

Section 37Verify source

§ 3839Provision

A public institution must carry out ICT security measures for its systems and data.

38.-(1) A public institution shall, for the purpose of ICT security operations- (a) monitor ICT systems against ICT security requirements for performance and compliance with the ICT security policy; (b) record and retain key information relating to information system activities as per security requirements; (c) perform vulnerability assessment and penetration testing on networks and systems as may be prescribed by the Authority; (d) secure networks by segmentation, putting adequate intrusion, detection and prevention mechanisms, deploying firewalls and other security measures; (e) protect systems from potential vulnerabilities by patching and updating applications and operating systems; (f) perform ICT security testing before deployment of critical application software; (g) secure data from unauthorized interception, alteration and destruction in storage, in transit or while being processed; and (h) implement complete security for endpoint ICT equipment as may be prescribed by the Authority. (2) For the purpose of this section “endpoint ICT equipment” means the ICT equipment that allows entry to a network system. Security of ICT assets

Section 38Verify source

§ 3940Provision

A public institution must identify, classify, manage, and report ICT assets to the Authority for ICT security purposes.

39. A public institution shall, for the purpose of security of ICT assets identify, classify, manage and report to the Authority ICT assets such as network appliances, systems, applications, storage devices and data. 24 No. 10 The e-Government Act 2019 ___________________________________________________________ Identity and access management

Section 39Verify source

§ 4041Provision

All public institutions must manage ICT identity and access by authenticating users, monitoring and revoking access, auditing privileged functions, and informing users of their ICT security responsibilities.

40. All public institutions shall, for the purpose of identity and access management- (a) authenticate users of ICT systems appropriately by granting identity, access and privileges on the basis of a verified business need; (b) monitor access for appropriate usage and revoke access when no longer required; (c) implement focused auditing on the use of administrative privileged functions and monitor for anomalous behavior; and (d) inform users of ICT systems on their obligations and responsibilities for ICT security. ICT security incident management

Section 40Verify source

§ 4142Provision

A public institution must manage ICT security incidents promptly and effectively, prepare for possible incidents, and report significant incidents to the Authority.

41. A public institution shall, for the purpose of ICT security incident management identify, manage and recover from ICT security-related incidents in a timely and effective manner by- (a) anticipating potential ICT security incidents and plan resource mobilization to ensure appropriate incident response when required; and (b) reporting significant incidents to the Authority for appropriate support and facilitation of cross- governmental information sharing.

Section 41Verify source

§ 42A public institution shall, for the purpose ofProvision

A public institution must maintain information system continuity by implementing backups, a disaster recovery plan, and testing and reporting on that plan.

42. A public institution shall, for the purpose of information system continuity management- (a) develop and implement proper backup and systems ICT for restoration mechanisms continuity; Information system continuity management (b) develop and implement disaster recovery plan (DRP); and (c) test the disaster recovery plan at such intervals as may be prescribed and submit the report to Authority. Information systems acquisition, development and maintenance

Section 42Verify source

§ 4344Provision

A public institution must build ICT security requirements into new systems or enhancements and design, develop, implement, and test ICT security controls.

43. A public institution shall, for the purpose of ensuring security during information systems acquisition, development and maintenance- (a) specify ICT security control requirements in business requirements for new systems or enhancements; and 25 No. 10 The e-Government Act 2019 ___________________________________________________________ (b) design, develop, implement and test ICT security controls against ICT security requirements. Human resource security

Section 43Verify source

§ 4445Provision

Public institutions must screen personnel before assigning them to critical ICT systems, set up appropriate segregation of duties, provide ICT security awareness and training, and submit a report to the Authority.

44. For the purpose of human resource security, public institutions shall- (a) make a careful and critical examination of personnel before assigned responsibilities for handling critical ICT systems; (b) make provision for an appropriate segregation of duties taking into consideration ICT security risk assessment results; and (c) provide ICT security awareness to all staff and trainings to ICT technical staff as may be prescribed and submit report to the Authority.

Section 44Verify source

§ 4546Provision

A public institution must protect critical Government ICT facilities, use only approved government or approved supplier environments, and keep visitation and maintenance records.

45. A public institution shall, for the purpose of physical and environment security- (a) protect critical Government ICT processing and hosting facilities from unauthorized access, damage, interference and environmental threats; (b) use the available Government ICT processing facilities or use Government and hosting approved supplier environment only; and (c) record and retain ICT processing and hosting facilities visitation and maintenance information.

Section 45Verify source

§ 46Information systems acquisition, development and maintenanceProvision

A public institution must carry out regular independent ICT assessments and audits, and must comply with legal, regulatory, and ICT security requirements for ICT operations and management.

46. A public institution shall, for the purpose of ICT security compliance and audit- (a) perform regular independent ICT assessments and audits as part of operations Authority; and in a manner prescribed by security internal the Physical and environment security ICT security compliance and audit (b) comply with legal, regulatory and ICT security requirements in ICT operations and management. PART VIII ELECTRONIC GOVERNMENT DATA MANAGEMENT Electronic data management

Section 46Verify source

Part

PART VIII

§ 4748Provision

Public institutions must establish and follow an electronic data management mechanism prescribed by the Minister, and must protect the confidentiality, integrity, and availability of the electronic data they hold.

47.-(1) Public institutions shall have the duty to establish and comply with electronic data management mechanism as may be prescribed by the Minister to ensure effective decision making and improved performance. (2) Without prejudice to other institutions shall ensure confidentiality, laws, public integrity and 26 No. 10 The e-Government Act 2019 ___________________________________________________________ Data sharing and exchange availability of the electronic data owned by the public institution.

Section 47Verify source

§ 4849Provision

Public institutions must share data electronically as directed by the Minister, and the Authority must set up and run a data sharing and exchange platform.

48.-(1) Without prejudice to any written law and for the purpose of enhancing efficiency and decision making, public institutions shall share data electronically in the manner prescribed by the Minister. (2) For the purposes of facilitating data sharing across the Public Service, the Authority shall establish and manage a data sharing and exchange platform. Data standards

Section 48Verify source

§ 49Electronic data managementProvision

Public institutions must follow technical standards and guidelines issued by the Authority when capturing, storing, processing, or sharing electronic data.

49. In case of capturing, storing, processing, and sharing of electronic data, public institutions shall comply with technical standards and guidelines issued by the Authority. PART IX FINANCIAL PROVISIONS Funds of Authority

Section 49Verify source

Part

PART IX

§ 5051Provision

The Authority’s funds and resources come from listed public and private sources, and it may collect fees, charges, or commissions as set by regulations.

50.-(1) The funds and resources of the Authority shall consist of- (a) moneys appropriated by the Parliament; (b) all other payment or property due to the Authority in respect of any matter incidental to its functions; (c) any grants, donations, bequests or other contributions made to the Authority; (d) any other monies legally acquired or received by the Authority for the execution of its functions; (e) such sums of money or property which may become payable to or vested in the Authority under this Act or any other written laws; and (f) any monies derived from loans or other payments or property due to the Authority in respect of any matter incidental to its functions. (2) In the performance of its functions under the Act, the Authority may collect fees, charges or commissions in a manner prescribed in the regulations. Financial management

Section 50Verify source

§ 5152Provision

The Board must manage the Authority’s funds according to financial laws and regulations, and use the funds to cover expenses related to the Authority’s functions.

51. The funds of the Authority shall be managed and administered by the Board in accordance with the financial laws and regulations and shall be utilized to defray expenses in connection with performance of functions of the Authority 27 No. 10 The e-Government Act 2019 ___________________________________________________________ Estimates of income and expenditure and financial control Expenditure of fund under this Act.

Section 51Verify source

§ 5253Provision

The Director General must prepare and submit the annual budget to the Board at least three months before the end of each financial year, and the Authority must submit a copy of the Budget to the Minister for approval.

52.-(1) The Director General shall, not less than three months before the end of each financial year, prepare and submit to the Board for approval the budget that includes the estimates of income and expenditure for the next financial year. (2) Subject to the subsection (1), the Authority shall submit a copy of the Budget to the Minister for approval.

Section 52Verify source

§ 5354Provision

The Authority may not spend funds unless the spending is part of Board-approved expenditure for the relevant financial year, and the Director General must ensure payments are properly made and authorized with adequate control over property and liabilities.

53.-(1) An expenditure shall not be incurred from the funds of Authority unless that expenditure is part of the expenditure approved by the Board in respect of the financial year to which the expenditure relates. that all (2) The Director General shall ensure payments out of the Authority’s funds are correctly made and properly authorized and adequate control is maintained over its property and over the incurring of liabilities by the Authority. Financial year

Section 53Verify source

§ 5455Provision

The Authority’s financial year is one year ending on 30 June.

54. The financial year of the Authority shall be the period of one year ending on 30th June. Accounts and audit

Section 54Verify source

§ 5556Offence

The Authority must keep proper accounting records, have its accounts audited, and submit annual accounts and financial statements to the Controller and Auditor General after each financial year.

55.-(1) The Authority shall keep proper books of accounts and maintain proper records of its operations in accordance with the public sector accounting standards and other standards approved by the national accounting standards setting board. (2) The accounts of the Authority may at any time and shall, at the end of each financial year, be audited by the Controller and Auditor General or any other person appointed by him. (3) The Authority shall keep proper books and audited records of accounts of the income, expenditure, assets and liabilities of the Authority. (4) The Authority shall, after the end of each financial year, submit to the Controller and Auditor General the accounts of the Authority together with- (a) a statement of financial performance during the year; (b) a statement of the financial position of the Authority on the last day of that year; 28 No. 10 The e-Government Act 2019 ___________________________________________________________ Annual report Offences and penalties (c) a statement of change in equity during the year; (d) statement of comparison of budget and actual amounts; and (e) notes, comprising of a summary of significant accounting policies and other explanatory notes.

Section 55Verify source

§ 5657Provision

The Authority must prepare an annual report each year and submit it to the Minister within three months after 30 September.

56.-(1) The Authority shall Within three months after 30th September each year, prepare an annual report in respect of that year up to the 30th June and submit it to the Minister. (2) The annual report shall provide a detailed information regarding the exercise of the functions and powers of the Authority during the year to which it relates and shall include- (a) a copy of the audited accounts of the Authority; (b) a copy of any other report of the Controller and Auditor General carried out during the year to which the annual report relates; and (c) such the information and other material as Authority may be required by this Act or the regulations to include in the annual report. PART X GENERAL PROVISIONS

Section 56Verify source

Part

PART X

§ 5758Offence

This section makes it an offence to mishandle data, official information, or government ICT systems, and sets fines, imprisonment, or both.

57.-( 1) A person who- (a) illegally discloses or shares any data or electronic record accessed in the course of employment; (b) downloads unauthorized materials by the use of Government ICT equipment or infrastructure; (c) disseminate or transmit official information or data through unauthorized channel; (d) access information or programs through government ICT equipment without authorization; (e) unlawfully removes, destroys, alters or damages any data or electronic record or ICT infrastructure or ICT equipment; (f) knowingly or negligently fails to comply with prescribed technical guides and standards on ICT security matters; or (g) fails to comply with section 24 of this Act regarding implementation of ICT project, commits 29 No. 10 The e-Government Act 2019 ___________________________________________________________ an offence and upon conviction shall- (i) in the case of offences under paragraphs (a), (c), (d) and (f), be liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months or to both; and (ii) in the case of offences under paragraphs (b), (e) and (g), be liable to a fine of not less than three million shillings but not exceeding five million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months or to both. Cap. 298 General penalty Restriction on execution against property of Authority (2) A public servant who contravenes the provisions of this Act shall be liable for disciplinary or criminal proceedings as provided for under the Public Service Act or other relevant laws.

Section 57Verify source

§ 5859Offence

If someone breaks a provision of the Act that has no specific penalty, they commit an offence and can be fined, imprisoned, or both. The court may also order payment to the Authority for repair costs after conviction.

58.-(1) Where a person contravenes any of the provisions of this Act for which no specific penalty is provided, commits an offence and on conviction, shall be liable to a fine of not less than two million shillings but not exceeding twenty million shillings or to imprisonment for a term of not less than six months but not exceeding five years or to both. (2) Where a person is convicted of an offence under this Act, the court may in addition, order the person convicted to pay to the Authority a sum equal to the cost of repairing any damage so caused.

Section 58Verify source

§ 5960Provision

If a judgment or order is obtained against the Authority, enforcement by execution or attachment against the Authority or its property is not allowed, and the Authority must pay the awarded amounts from its revenue.

59. Notwithstanding any provision to the contrary in any written law, where a judgment or order has been obtained against the Authority, no execution or attachment or process in the nature thereof shall be issued against the Authority or against the property or assets of the Authority but the Authority shall cause to be paid out of the revenue of the Authority such amounts as may, by the judgment or order, be awarded against the Authority to the person entitled thereto. Regulations

Section 59Verify source

§ 6061Provision

The Minister may make regulations and, after consulting the Authority, set rules and standards on ICT-related public service matters and equipment for public institutions.

60.-(1) The Minister may, in consultation with the Authority, make regulations for the better carrying out or giving effect to the provisions of this Act. 30 No. 10 The e-Government Act 2019 ___________________________________________________________ (2) Without prejudice to the generality of subsection (1), the Minister may make regulations prescribing - (a) the conditions and terms upon which any specified facilities or services within the scope of the functions of the Authority shall be provided to the public; (b) the criteria for integrated systems; (c) the manner in which electronic record shall be maintained, stored and accessed; (d) manner of conducting assessment of system deployment and hosting; (e) procedure for approval of new systems developed by public institutions; (f) procedures for and conducting investigation on any ICT project, systems and performance audits; inspection (g) procedures for reduction of paper work in public institutions; (h) manner of sharing information amongst public institutions; (i) procedure for management of complaints; (j) disciplinary procedures for managerial staff; and (k) providing for any matter which, in the opinion of the Authority, is necessary for the efficient performance of its functions. (3) The Minister shall, in consultation with the Minister for procurement, make detailed specifications and standards of computers and other related equipment and tools for use by public institutions. responsible Rules, guidelines, code of ethics and conducts

Section 60Verify source

§ 61PART XIAmendment

The Authority may make internal rules, guidelines, and codes for its staff activities.

61. The Authority may prepare rules, guidelines, code of ethics and conduct for regulating its staff activities, for compliance purposes, monitoring and evaluation. PART XI CONSEQUENTIAL AMENDMENTS Amendment of the Electronic Transactions Act (Cap.442) Construction Cap 442

Section 61Verify source

Part

PART XI

§ 6263Amendment

This provision says the Part is to be read together with the Electronic Transactions Act (the “principal Act”).

62. This Part shall be read as one with the Electronic Transactions Act hereinafter referred to as the “principal 31 No. 10 The e-Government Act 2019 ___________________________________________________________ Act”. Amendment of long title Addition of section 12A

Section 62Verify source

§ 6364Amendment

The principal Act’s long title is amended by removing the words “e-Government services”.

63. The principal Act is amended in the long title by deleting the words “e-Government services”.

Section 63Verify source

§ 6465Amendment

This provision says the principal Act is amended by adding new text after section 12 about “Payment of money and issuance of receipt in electronic form.”

64.The principal Act is amended by adding immediately after section 12 the following: “Payment of money and issuance of receipt in electronic form

Section 64Verify source

§ 12AWhere the law requiresRepeal

A payment requirement is satisfied by electronic payment if other relevant-law conditions are met, and a receipt requirement is satisfied by an electronic message receipt that is accessible, intelligible, and usable later.

12A. Where the law requires- (a) payment to be made, the requirement shall be met if is made by an payment and electronic complies any conditions imposed by other relevant laws; and means with (b) the issuance of any receipt of payment, the requirement shall be met if the receipt is in the form electronic an message and the electronic message is accessible and intelligible so as to be usable for subsequent reference.” of Repeal of Part III III.

Section 12AVerify source

§ 65ConstructionRepeal

This section amends the principal Act by repealing a schedule part related to Board proceedings and election of the Vice Chairman.

65. The principal Act is amended by repealing Part _______ SCHEDULE ________ (Made under section 7(5)) __________ PROCEEDINGS OF THE BOARD Election of Vice Chairman

Section 65Verify source

Part

SCHEDULE

§ 12Provision

The Board must elect one of its members as Vice Chairman for a four-year term.

1. The Board shall elect one of its members to be Vice Chairman for a term of four years and shall be eligible for re-election. 32 No. 10 The e-Government Act 2019 ___________________________________________________________ Tenure of appointment Co option of members

Section 1Verify source

§ 23Provision

Board members are appointed for fixed terms, can be re-appointed only once, and may resign by written notice to the appointing authority.

2.-(1) The Chairman, the Vice Chairman and members of the Board shall be appointed for the following fixed terms: (a) a Chairman four years; (b) Vice Chairman four years; (c) other seven members three years; (2) Members of the Board shall be eligible for re- appointment for only one term. (3) Any member may at any time resign by giving notice in writing to the appointing authority and from the date specified in the notice or if no date is specified, from the date of the receipt of the notice by the appointing authority, he shall cease to be a member.

Section 2Verify source

§ 34Provision

The Board may invite a person to attend and take part in its deliberations, but that person has no right to vote.

3. The Board may co-opt any person whose presence is in its opinion desirable to attend and to participate in the deliberations of meeting of the Board and such person shall have no right to vote. Meetings of Board

Section 3Verify source

§ 45Provision

The Board must meet every three months, and the Chairman normally convenes ordinary meetings. If the Chairman cannot act, the Vice Chairman must convene the meeting. A special meeting may be convened on a written request from at least half the members.

4.-(1) The Board shall meet once every three months. (2) An ordinary meeting of the Board shall be convened by the Chairman, and the notice specifying the place, date and time of the meeting shall be sent to each member at his usual place of business or residence. (3) Where the Chairman is unable to act by any reason, the Vice Chairman shall convene the meeting. (4) The Chairman or, in his absence, the Vice Chairman, may, if requested in writing by at least half the members, convene a special meeting of the Board. (5) The Board may review its own decision made under this Act. Cessation of membership

Section 4Verify source

§ 56Offence

A Board member may stop being a member if they become bankrupt, are convicted of a criminal offence, fail to declare a conflict of interest, fail to perform duties because of ill health or impairment, breach the code of ethics and conduct, or miss enough meetings without reasonable excuse.

5.- A member of the Board may cease to be a member where he- (a) is declared bankrupt; (b) is convicted of a criminal offence; (c) fails to declare conflict of interest; (d) fails to perform his duties because of ill health or physical or mental impairment; (e) has breached a code of ethics and conduct; (f) fails to attend at least two thirds of all meetings of the Authority for twelve months consecutively without reasonable excuse. 33 No. 10 The e-Government Act 2019 ___________________________________________________________ Appointment of temporary member

Section 5Verify source

§ 67Provision

If a Board member cannot attend because of illness, infirmity, or absence from the United Republic, the Minister may appoint a temporary member in that member’s place.

6. Where any member is by reason of illness, infirmity or absence from the United Republic unable to attend any meeting of the Board, the Minister may appoint a temporary member in his place and any such temporary member shall cease to hold office on the resumption of office of the substantive member. Quorum

Section 6Verify source

§ 78Provision

A Board meeting has quorum only if more than half of the Board members are present.

7. The quorum at any meeting of the Board shall be more than half of the members of the Board. Conflict of interest

Section 7Verify source

§ 89Provision

Board members with a conflict of interest must disclose it immediately and stop taking part in the matter.

8.-(1) Where at any time a member of the Board has a conflict of interest in relation to- (a) any matter before the Board for consideration or determination; or (b) any matter the Board could reasonably expect might come before it for consideration or determination, the member shall immediately disclose the conflict of interest to the other members of the Board and refrain from taking part, or taking any further part, in the consideration or determination of the matter. (2) Where the Board becomes aware that a member has a conflict of interest in relation to any matter which is before it, the Board shall direct the member to refrain from taking part, or taking any further part, in the consideration or determination of the matter. (3) A member of the Board shall be considered to have breached the provision of sub paragraph (1) if he- (a) fails without reasonable cause to make declarations of his interests as required; or (b) knowingly makes a false declaration or misleading statement in material particular thereby affecting the decision of the Board.

Section 8Verify source

§ 910Provision

Board decisions are made by majority vote of members present, and the Chairman has a casting vote if votes are equal.

9. Decision of the Board shall be made by majority of votes of the members present and in the event of the equality of votes, the Chairman shall have a casting vote. Decision of Board Minutes of meetings Official seal

Section 9Verify source

§ 1011Provision

The Board must keep minutes for each meeting in proper form and confirm them at its next meeting.

10. Minutes in proper form of each meeting of the Board shall be kept and shall be confirmed by the Board at its next meeting.

Section 10Verify source

§ 1112Provision

The Board may decide the shape, size, and form of the Authority’s official seal, and the seal is duly affixed when witnessed under hand by the Chairman, Director General, Secretary, or another authorized person.

11.-(1) The official seal of the Authority shall be of such shape, size and form as the Board may determine. 34 No. 10 The e-Government Act 2019 ___________________________________________________________ Proceedings not invalidated by irregularity Absence from three consecutive meetings (2) The official seal of the Authority shall be duly affixed if witnessed under hand by the Chairman, the Director General or the Secretary of the Authority and any other person duly authorized in that behalf.

Section 11Verify source

§ 1213Provision

Board proceedings are not invalid just because a member’s appointment had a defect or irregularity, or because someone who acted as a member was actually disqualified or not entitled to act.

12. Proceedings of the Board shall not be invalid by reason of any defect or irregularity in the appointment of any member or by reason that any person who bona fide acted as a member at the time of the proceeding was in fact disqualified or not entitled to act as a member.

Section 12Verify source

§ 1314Provision

If a member misses three consecutive Board meetings without sufficient cause, the Board must inform the appointing authority, which may end the member’s appointment and replace them.

13. Where any member absents himself from three consecutive meetings of the Board without sufficient cause, the Board shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of the member and appoint another member in his place. Board may regulate its own proceedings

Section 13Verify source

§ 14Short title and commencementShort title

The Board has power to make its own procedure for meetings and how those meetings are conducted, subject to the Act.

14. Subject to this Act, the Board shall have power to regulate its procedure in relation to its meetings and the transaction of its meetings. Passed by the National Assembly on the 4th September, 2019. STEPHEN KAGAIGAI Clerk of the National Assembly 35

Section 14Verify source

Legislative relationships

12 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

8 instruments

Authority (2) A public servant who contravenes the provisions of this Act
Section 57
Authority 27 No. 10 The e-Government Act
Section 51
Authority for twelve months consecutively without reasonable excuse. 33 No. 10 The e-Government Act
Section 5
Authority under this Act
Section 13
Board or Director General may seek a remedy under the Public Service Act
Section 14
Board or to the Director General any functions or powers vested in it by this Act
Section 10
Board. (5) The Board may review its own decision made under this Act
Section 4
Electronic Transactions Act
Section 61

G–M

2 instruments

Government of the United Republic. 2. This Act
Section 2
Government Proceedings Act
Section 4

N–S

1 instrument

Public Service Act
Section 12

T–Z

1 instrument

Vice Chairman. 65. The principal Act
Section 65

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The e-Government Act, 2019

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12 referenced instruments

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