subsequent reference. The Electronic Transactions Act also provides for
authenticity of data messages under section 7 thereof which provides:
“7. Authenticity of data message.
(1) Where a law requires information to be presented or retained in its
original form, the requirement is fulfilled by a data message if—
(a) the integrity of the information from the time when it was first
generated in its final form as a data message or otherwise has passed
assessment in terms of subsection (2); and
(b) that information is capable of being displayed or produced to the
person to whom it is to be presented.
(2) For the purposes of subsection 1(a), the authenticity of a data
message shall be assessed—
(a) by considering whether the information has remained complete and
unaltered, except for the addition of an endorsement and any change
which arises in the normal course of communication, storage or display;
(b) in light of the purpose for which the information was generated; and
(c) having regard to all other relevant circumstances.”
It follows that before admissibility the document has to meet the requirements
of authentication or identification. This is a process of verification that
establishes that the document is what it purports to be. I.e. that the email was
made by the author indicated therein and is unaltered except for the change in
the document generated automatically such as adding the date and time in
case of email and address. As far as admissibility and weight of evidence of
electronic data is concerned section 8 of the Electronic Transactions Act 2011
gives the principles thereof and provides that rules of evidence shall not be
applied to deny admissibility on the ground that it is merely a data message or
electronic record where it is the best evidence that the person adducing the
evidence could reasonably be expected to obtain or on the ground that it is not
in the original form. The burden is on the person adducing the data message to
prove its authenticity by adducing relevant evidence therefore that the
document is what it purports to be. Where best evidence is the evidence
required, the rule of best evidence is fulfilled upon proof of the authenticity of
the electronic records system in or by which the data was recorded or stored.
In assessing the evidential weight the court shall have regard to the reliability
of the manner in which the data message was generated, stored or
communicated; the reliability of the manner in which the authenticity of the
data message was maintained; the manner in which the originator of the data
message or electronic record was identified; and any other relevant factor.
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