Electronic commerce regulation in South Africa: An analysis of the effectiveness of Chapters 5, 10 and 12 of the South African Electronic Communications and Transactions Act No. 25 of 2002.

摘要

The past decade has been one of unprecedented development in the realm of e-commerce. It has also been South Africa's first decade as a democracy. This thesis surveys the role of regulation within the South African e-commerce environment. It argues that successful e-commerce development has the potential to harness a multitude of opportunities and can lead to broader social development and positive change. It argues further that an effective regulatory framework is an essential pre-requisite for such successful e-commerce development. Within this framework, the South African Electronic Communications and Transactions Act is examined, and the potential effectiveness of three of its chapters is evaluated. This thesis concludes that while room for improvement definitely exists, and that in many areas a more "light-handed" regulatory approach needs to be adopted, the ECT Act presents an innovative and responsive regulatory approach, and an important and positive step in the correct direction, and as such it should be welcomed, embraced, improved and refined.