The study further examines the Bill against the international standard set by the Model
Law to ensure that Lesotho remains abreast with the best international e-commerce
practices. It is easy to subscribe to the sentiments of Ewelukwa that:
“…It remains a daunting but not insurmountable challenge to actualize broad-based long term economic
development in Africa…it is important to note that the future may yet become brighter if key steps are
taken by law and policy makers in the continent to put in place laws and policies that can facilitate the
development process. One of the ways in which economic development can be facilitated is to
significantly boost Africa’s contribution to global trade. 68 For African countries to significantly improve
their contribution to international trade however, it is important that they utilize innovative means of
trading that have been facilitated by global technical advancements.”69
The quote is well placed. Is Lesotho ready for electronic commerce? It is expected
that the finding would discover what the future holds for Lesotho in the online
contracting field.
1.4.1 Research limitation
This research will overview Part I to Part III of the Bill on legal recognition of electronic
transactions, with particular reference to sections which warrant comment, including
provisions on time of dispatch and receipt of data messages, electronic contract
formation and other electronic transactions sections and the similar electronic
provisions of the ECT Act.
1.5 CHAPTER STRUCTURE
As it is evident to the reader, chapter one encompassed an introduction, history of the
internet, background, research objectives and scope. Hereafter, chapter two deals
with common law requirements for legally enforceable contract, and the Model Law’s
perspective on electronic contracts. Chapter three analyses the Lesotho Electronic
Transactions and Electronic Commerce Bill, and compares it with South Africa’s ECT
Act. Lastly, chapter four forms conclusions and recommendations on the possible
reforms of the provisions of electronic transaction sections of the Lesotho Bill which
may not tally with the best international practices.
68
Ewelukwa, N. (2011) “Is Africa ready for electronic commerce: a critical appraisal of legal framework for ecommerce in Africa” 13 Eur. JL Reform 550.
69 Ewelukwa (2011: 550 at 551).
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