8
malicious manipulation of data) must be addressed. In an interconnected world, co-operative enforcement arrangements must
be established, as well as new expertise in the investigation and
prosecution of computer-related crimes.
4.2
The exact mix of legislation, self-regulation, voluntary or
mandatory industry codes of conduct, market-based incentives
and other approaches will depend on both the issue and the
priorities of citizens the Government of Botswana. It is
imperative, however, that the resulting policy regime address the
needs of Government, businesses, foreign investors and
individual citizens in their various roles as consumers, students,
health providers, clients, educators and so on.
4.3
The importance of the legal framework to successful
implementation of an ICT Policy means that existing legal
traditions and credibility will play an important role in
determining the ability of a country to respond to gaps in its eReadiness framework. Botswana is fortunate in having a solid
and credible legal structure. An analysis of the gaps in legislation
and policy required to implement the ICT policy show that there
is a mix of relatively advanced legislation and policy existing
alongside areas where new policies and legislation must be
developed to fill the gaps.
4.4
A number of legislative and legal policy gaps were identified in
the Analysis. It should be noted, however, that in some cases
policy work is underway to deal with issues that were identified,
e.g., the lack of an independent Competition Authority and
legislation dealing specifically with competition and abuse of
dominant position. Among the gaps or issues that must be
addressed through more intensive policy work are:
¾
Adequacy of the Botswana Telecommunications
Authority’s powers to deal with anti-competitive conduct;
¾
Additional liberalisation of the telecommunications
regime, including dealing with the potential privatisation of the
Botswana Telecommunications Corporation; establishing a
regulatory regime to deal with a mix of competitive and
monopoly activities (e.g., developing costing methodologies);
more vigorous promotion of Universal Service (e.g., establishing
a Universal Service Fund or defining contribution
methodologies); dealing with convergence; establishing a
transparent system (including alternative methods) of allocating