16. (1) In this Chapter any reference to a law is construed to refer to a law applicable in Namibia whether it has been enacted before or after the commencement of this Act and also to this Act. (2) Subsection (1) is not construed in such a manner that it – (a) invalidates any transaction or act performed before the commencement of this Act; (b) that it will create criminal or civil liability for any act performed before the commencement of this Act. (3) Except for section 18 and 25 – (a) no provision of this Chapter relates to any matter regulated in the excluded laws; and (b) no reference in this Chapter to “law” relates to any provision of the excluded laws. Legal recognition of data messages 17. (1) No statement, representation, expression of will or intention, transaction or communication is without legal effect, validity or enforceability solely on the ground that it is in the form of a data message. (2) Despite subsection (1), persons may by agreement regulate the effect, use and requirements for data messages as it relates to dealings among themselves. (3) Subject to this Act, any other law or any agreement, no public body may compel any person to interact with it by means of a data message. Interpretation of power to make regulations 17

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