CHAPTER 4
4.1 CONCLUSION
The significance of information and communications technology law in the field of ecommerce cannot be overemphasised. The perceived notion of some writers that
technology can be just as powerful as law in constraining the digital environment,
404
is rebutted, in particular, by the application of the Model Law to address legal issues
arising in electronic contracts.405 It was expressed that the Model Law’s legal
framework is a tool that guides legislator’s to enact electronic transactions legislations
with a harmonised undercurrent.406
Through the Lesotho Electronic Transactions and Electronic Commerce Bill, Lesotho’s
jurisdiction seeks to join the countries which promulgated electronic transactions
legislations, amongst which is the neighbouring South Africa with the Electronic
Transactions and Communications Act 25 of 2002. The comparative study of the
Lesotho Bill and the ECT Act highlighted some legal issues for consideration which
are occasioned by the provisions of the electronic transactions provisions from both
enactments.
4.2 RECOMMENDATIONS
There are some provisions of the Lesotho Bill which warrant comments. These are
the sections on the interpretation of the Bill, sphere of application of the Bill, key
definitions, default and mandatory provisions, the ‘in writing’ requirement, receipt of
electronic communication and time of contract formation.407
4.2.1 Inclusion of electronic wills
The investigation revealed that the Bill excludes electronic wills from the sphere of
application. The exclusion of electronic wills is generally not uncommon in many
jurisdictions, including in the ECT Act. However, it was evident on examination, that
404
Fitzgerald et al (2007:2).
The UNCITRAL Guide to Enactment available at www.uncitral.org/pdf/english/texts/electcom/0589450_Ebook.pdf (27 March 2015); Papadopoulos (2012: 93).
406 Van der Merwe (2014: 2804 at 2807).
407 As discussed in paras 3.2.15, 3.2.10, 3.2.14, 3.2.17, 3.2.19 and 3.2.23.
405
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