document or information, notarisation, acknowledgement and certification, other requirements and automated transactions, while part two provides a default position in law that parties to an agreement are free to vary from sections 21 to 26 which deals with variation by agreement between parties, formation and validity of agreements, time and place of dispatch and receipt of data messages, expression of intent, attribution and acknowledgement of receipt of data message.246 The Lesotho Bill is an omnibus document which adopts a similar holistic approach to the South Africa’s ECT Act in addressing legal issues on electronic transactions, certification authorities regulation, cryptography, e-government services, consumer protection, and limitation of liability of service providers.247 Owing to the relevance and purpose of this study, only provisions which deal with electronic contracts will be canvassed. 3.1.3 The objectives of the Lesotho Bill Section 3 outlines the objectives of the Bill. It primarily enables and facilitates electronic transactions, requirements, removes authenticates legal electronic barriers over signatures, writing ensures and signature compliance with international standards for electronic transactions, promotes legal certainty in the integrity of electronic commerce and seeks to achieve technology neutrality of electronic communications and transactions and e-government services.248 Technological neutrality means that the law should not prescribe the use of a certain medium or technology, but should be drafted in widest general terms.249 3.1.4 The objectives of the RSA ECT Act The relevant objects include inter alia, to enable and facilitate electronic communications and transactions, remove and prevent barriers to electronic transactions, create legal certainty and confidence in respect of electronic transactions, and ensure that electronic transactions conform to the highest 246 Buys (2004: 83). The Bill available at www.itu.int/en/ITU-D/Projects/ITU-EC-ACP/HIPSSA/Pages/In-countryassistance/Lesotho.aspx (accessed 20 October 2014). 248 S3 of the Bill. 249 Jacobs, W. (2004) “The Electronic Transactions and Communications Act: Consumer Protection and International Contracts” 16 SA Merc LJ 556 at 557. 247 30

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