“original”. By providing standards by which the legal value of electronic messages can be assessed,
the Model Law should play a significant role in enhancing the use of paperless communications… 183
The Model Law dates back to 1984 where the report of legal aspects of automatic data
processing was produced relating to legal issues concerning computer records, 184
which was followed by the recommendations to governments to review legal rules
affecting the use of computer records in litigation and writing and signature
requirements on trade related documents, and later revisited to include electronic
transactions.185 The Model Law further reviewed the legal response of member states
to electronic communications, and urged member states to adopt legislative regimes
to the new electronic practices, in particular, to the use of electronic evidence and
electronic transactions.186
In the 1990s, the Model Law developed a coherent set of legal responses to the
principal questions posed by electronic commerce, to remove barriers that traditional
legal rules precipitated on electronic commerce.187
It was established in chapter 1
that the internet’s popularity and impact has since been felt around mid-1990s. It may
correctly be said that the internet’s aftermath influenced the drafting of the Model Law
in an attempt to resolve legal issues thrown by the internet on commerce. The Model
Law was finally adopted in 1996, and has henceforth, been very influential around the
world in providing a legal basis for commercial use of electronic communications.188
Ndulo observed that the inadequate participation of developing countries in the
international standards drew the attention of the Model Law drafters especially due to
the worsening economic conditions thereto.189
The common ground for electronic
transactions legislations is that they authorise conduct and eliminate barriers to
183
Van der Merwe (2008: 145); The UNCITRAL Guide to Enactment available at
www.uncitral.org/pdf/english/texts/electcom/05-89450_Ebook.pdf (27 March 2015).
184 Ahmad (2009: 386).
185 Ahmad (2009: 392).
186 Ahmad (2009: 389).
187 Gregory (2003-2004: 313).
188 Gregory (2003-2004: 314).
189 Ndulo, M. (1987) “The United Nations Convention on Contracts for International Sale of Goods (1980) and
the Eastern and South Africa trade arena” 20 LLJ 127.
20