and integrity of the will which was the subject of the dispute. 275 This was in contrast
to Macdonald v The Master
276
whereat a great deal of care was taken to ensure that
the integrity of the will was maintained, such as accessibility of a document via the
drafter’s password.277 The condonation was granted on the basis of what the court
termed a rescue provision.278
The exclusion of wills from data messages is a common denominator between the
Lesotho Bill and the ECT Act. The proposition that electronic wills should be included
in the sphere of electronic transactions is profound. The legislature should consider
including an electronic will in the scope of the application of the Lesotho Bill.
3.2
DEFINITIONS OF KEY TERMS
3.2.1 The meaning of electronic transaction in the Bill
The Bill does not define electronic commerce. It was stated that e-commerce
encompasses commercial transactions via telecommunications networks with or
without partial recourse to physical exchanges or contact.279
However, the Bill defines an electronic transaction as a transaction, action or set of
actions of either a commercial or non-commercial nature, and includes the provision
of information and/or e-government services.280
3.2.2 The meaning of electronic transaction in the RSA ECT Act
The ECT Act does not define an electronic transaction, however, it defines a
transaction as of either a commercial or non-commercial nature and includes the
provision of information and e-government services.281
Papadopoulos submits that the use of an electronic agent, electronic communication
or electronic signature with data as common denominator similarly denotes that an
275
Papadopoulos (2012: 93 at 102).
Macdonald and others v The Master and others 2002 (5) SA 64.
277 Macdonald and Others v The Master and Others 2002 (5) SA 64 at 71.
278 Macdonald and Others v The Master and Others 2002 (5) SA 64 at 71; Wood-Bodley (2004: 526 at 527).
279 Electronic Commerce Commission of the European Union, 'Electronic Commerce-an introduction,'
<http://www.ispo.cec.be/Ecommerce/intoduc.htm> (accessed 30 May 2015).
280 S1 of the Bill.
281 S2 ECT Act; Van der Merwe (2008: 182).
276
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