THE LEGAL IMPLICATIONS OF E-COMMERCE TRANSACTIONS IN ZIMBABWE
Written by Guest Writer Nyasha Chishakwe
1. Background
Electronic commerce (E-commerce) basically refers to the
use of computer networks in enhancing efficiency in business
transactions involving inter alia, any trade transaction for
the supply or exchange of goods or services; distribution
agreements; commercial representation or agency; factoring;
financing; banking; insurance; exploitation agreements; joint
ventures and other forms of industrial or business cooperation;
carriage of goods or passengers by air, sea or rail and the
sale, distribution and production of goods. It basically advances
the efficiency of business transactions between consumers
and business organisations, transactions within firms (intra-firm)
and processes between firms (inter –firm) through various
means such as electronic exchange of business information
from business computer to business computer using electronic
data interchange (EDI), electronic mail (e-mail) and electronic
funds transfers amongst others. It also involves an on-line
approach of carrying out business with consumers including
order entry and processing, payment and customer support,
to name a few.
As the world witnessed the growth of this ‘commercial
marvel’ there was an equal recognition of the need to
transform laws to meet the specific peculiarities of this
novelty. Indeed the need for such transformation is apparent.
The laws that regulate normal ‘conventional’ paper-based
business were designed to meet the specifics of ‘conventional’
commerce. E-commerce brings with it matters that cannot be
adequately catered for by these laws. To this end many western
nations have today transformed their laws to regulate these
new issues. Zimbabwe has not yet adapted its laws to cater
for the niceties of e-commerce. The laws that are currently
governing electronic transactions in the country are common
and statutory laws that were intended to regulate ordinary
paper based commercial transactions. Naturally, as noted above,
there is bound to be legal complications. This paper is going
to highlight and outline some of the major legal problems
that arise or are bound to arise through the application of
our laws, as they exist today, in the regulation of electronic
commercial dealings.
2. The legal implications of e-commerce in Zimbabwe
2.1 Introduction
The forms of electronic commercial transactions being employed
by firms in Zimbabwe include, but are not limited to the exchange
of information between business computers and business computers
‘B2B’ (intra-firm and inter-firm) and between business
firms and customers ‘B2C’ using electronic data
interchange (EDI), electronic mail (e-mail) and electronic
funds transfer.
For the above e-commerce infrastructure to function the laws
of Zimbabwe should be calculated to meet the details of this
new method of conducting business. Indeed, as noted above,
our laws were intended to regulate paper-based commerce. It
is therefore clear that our laws should be adjusted to meet
the specifics of e-commerce such as:
The recognition and validity of electronic signatures
The concept of privacy in e-commerce
Admissibility and credibility of data messages or electronic
documents as evidential material.
The United Nations Commission for International Trade Law
(UNCITRAL) prepared a model law on e-commerce. The model defines
salient e-commerce principles and is intended to act as a
guideline for member nations when they adapt their domestic
laws to comply with the specifics of e-commerce. Zimbabwe
is a member of UNCITRAL and accordingly is entitled to adopt
the model either as it is or with modifications that suit
its peculiar situation.
This paper is going to examine the laws we have in Zimbabwe
and how they are regulating e-commerce transactions in the
country. The analysis will entail considering the adequacy
or inadequacy of our laws as they exist today in the regulation
of e-commerce. The writer will be guided by some of the principles
in the UNCITRAL model in his recommendations for solutions
to the identified problems. The problematic areas that will
be considered are the issues of electronic signatures, privacy,
and the validity and admissibility of data messages/electronic
documents as evidence.
Next week we are going to be focusing on electronic signatures
and their impact on e-commerce transactions in Zimbabwe. Send
your comments to makahamadzek@Afri-com.com.
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