The declared general motivation behind government’s desire to legislate on the subject of e-commerce is to bring South Africa in line with international best practice so as to achieve equal legal status in this field with our trading partners. However, the Bill in its current form attempts to achieve too much in that it attempts to address legal issues that are not yet established as problems. The proposed legislation should be confined to general issues; namely, the issue of legal certainty as it relates to recognition of the terms ‘in writing’, ‘signature’ and other acts that may be carried out electronically which would benefit from clarity in law.
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Comments on Submission on the Electronic Communications and Transactions Bill 2002