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information, enforcement of contracts, and recourse where agreements
are not kept.
2.3.2
An important area to be dealt with in developing legislation to create an
enabling and nurturing environment for e-commerce is to make both
legislation and transactions “media neutral.” The world has long had a
series of rules and protocols, found in national and international law and
custom, to deal with commercial and personal transactions in an oral and
paper-based environment. An electronic environment, however, creates
some differences that have to be resolved through rules, which may be
found in legislation, standards or other forms of rules (e.g., industry
codes of conduct). A media neutral legal regime is intended to be neutral
with respect to the medium used to communicate, with a few exceptions.
E-commerce legislation is intended to remove obstacles and
uncertainties about the use of electronic documents and electronic
communication.
2.3.3
E-commerce legislation, however, should not force individuals or
persons to use electronic documents or communication. It should be
viewed as enabling legislation. The objective is to offer greater choice
and efficiencies for Batswana and persons doing business in or with
Botswana.
2.3.4
Although individuals and even businesses regularly carry out
transactions orally, modern business practice has developed in a paperbased society. Existing legislation and business requirements are likely
to contain language that reflects the paper-driven environment in which
they are created. This language can relate to obligations that govern
relationships with government (e.g., filing of taxation documents or the
creation of a corporation) or can establish rules that govern the private
sector in its business and personal relationships (e.g., buying and selling
property or testamentary provisions). Legislative language that suggests
a bias toward a paper or non-electronic environment includes
• “in writing” or “written”
• “prescribed form” or “form”
• “notarised”
• “witnessed”
• “signed” or “signature”
• “sworn” or “made under oath”
• “affidavit”
• “sealed” or “stamped”
• “record”
• “certified”
• “authorised”