international standards.250 The other objectives are to promote universal access to
the Internet, and promote technology neutrality and e-government services.251 The
Minister is enjoined to develop a national e-strategy,252 and formulate an electronic
transactions policy.253 Coetzee submits that this plan is of paramount importance for
the effective implementation of the ECT Act.254
The legislator’s overall goal in both pieces of legislations is to give legal force and
effect to electronic transactions. The legal recognition of electronic transactions is
viewed as an important legislative step towards according legal enforceability and a
binding effect on electronic transactions as paper-based transactions.
3.1.5 The interpretation of the Lesotho Bill
The Bill commences with a deeming provision to the effect that a public body
authorised in law to prescribe any matter in law by a regulation shall be deemed to be
vested with the authority to correspondingly prescribe by means of electronic
communications.255 The Bill shall further be interpreted to take into account all sources
of law in the form of statutes, regulations, subordinate legislation, common law,
customary law and the law in force in Lesotho.256
3.1.6 The interpretation of the RSA ECT Act
The ECT Act must not be interpreted so as to exclude any statutory law or the common
law from being applied to data messages or any other matter provided thereof. 257
250
S2 ECT Act.
S2 id; Michalsons E-commerce http://www.michalsons.co.za/blog/e-commerce-getting-the-deal-through2/4377 (assessed 4 February 2016); Michalsons Guide to the ECT Act
http://www.michalsons.co.za/blog/guide-to-the-ect-act/81 (accessed 6 February 2016).
252 S5 id; Michalsons Guide to the ECT Act http://www.michalsons.co.za/blog/guide-to-the-ect-act/81
(accessed 6 February 2016).
253 S10 id.
254 Coetzee (2004: 501 at 503).
255 S4 (1) of the Bill.
256 S4 (2) id.
257 S3 ECT Act; Michalsons Guide to the ECT Act http://www.michalsons.co.za/blog/guide-to-the-ect-act/81
(accessed 6 February 2016).
251
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