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2.0 E-Commerce Legislation
2.1.1
Objective:
• Ensuring that Botswana has legislation and policies that provide for
the acceptance of electronic documents in commerce and for
personal use, and provide for the enforceability of electronic
contracts. In addition, the Government of Botswana should have the
legislative mandate and policies necessary to fully implement an eGovernment programme.
2.2
Issues:
• The scope of e-legislation: should it cover only commercial
relationships or other types of communications as well?
• Should specific legislation be amended to provide for media-neutral
language or should an electronic documents bill be enacted that
provides overall authority and guidelines? Alternatively, should
some combination of the two techniques be used?
• What is the best technique to ensure that Government Ministries and
parastatals are positioned to deal with electronic documents and to
protect their networks and infrastructure?
• What kinds of documents, if any, should be excluded from
provisions allowing for electronic documents? Wills? Domestic
contracts? Adoption papers? Sale of land?
• What adjustments should be made, if any, to Botswana contract law
to accommodate electronic contracts? For example, does “clicking”
or downloading constitute acceptance? What default rules should
apply to the timing of an offer and acceptance?
• How should rules of evidence be modified, if at all, to accommodate
the functional equivalency of electronic documents to paper-based
documents?
2.3
Discussion:
2.3.1 One of the most exciting and far-reaching uses of the Internet and new
ICT technology is e-commerce. Consumers now have a world of
products available to them and businesses have new opportunities to
reach customers, sell products, and develop niche markets. Both
consumers and business can thrive through innovation and e-commerce
competition. To develop the potential of e-commerce, however, trust
must be established through information and mechanisms to protect both
parties. Standards, rules and legislation must be established that provide
the same protective infrastructure that exists for paper-based consumer
transactions. Different countries have met the challenge in different
ways, but there are common approaches dealing with provision of