Conclusion

• Author: Jason Mikellyn Charles Johnson
• Date: 01 January 2005
• Published date: 01 January 2005
• DOI: 10.10520/EJC74026
• Pages: 133-

CONCLUSION

It is hoped that the content of this work serves to shed at least a

bit of light on the influence of the Internet and other related tech-

nology to the field of private law, more particularly the law of con-

tract. The more one obtains a working knowledge of cyberlaw, the

more one will come to realize that a complete and detailed publi-

cation covering every aspect of cyberlaw in every conceivable field

is extremely impractical.

From the above, it should however be clear that in relation to the

law of contract, the common law requirements for the conclusion

of a valid agreement are able to be applied to contracts concluded

via electronic means without too much trouble. Any potential pro-

blems with respect to validity will, in most cases, be addressed by

the Electronic Communications and Transactions Act.

As regards remedies for the breach of contracts and enforcing

performance, it was seen that a variety of new problems are expe-

rienced in relation to online-agreements, but that many of the

existing problems one would expect to find with any agreement

also apply. Many of the problems that are expected will be in rela-

tion to the enforcement of court orders and judgements rather

than setting out the cause of action or basis of any application to

be brought.

Even though South Africa is short of legislation in the field of cy-

berlaw, recent years have shown a great deal of development and

a clear indication of the good intentions of the legislature to remedy

the deficiency.

As far as the lack of expertise and technical knowledge to prose-

cute computer-related crime is concerned, there have again been

promising developments such as the establishment of the SAPS

Computer Crime Unit.

Internationally, similar hiccups exist and we should not be fooled

into thinking that South Africa is any worse off than the majority of

international communities. Truth be told, it would appear that the

only countries that have taken an active stance in the writing of le-

gislation and international treaties and declarations are the United

States, Australia and certain of the countries forming part of the

European Union.

In conclusion, it would seem that South Africa is by no means lag-

ging behind other developing countries in the international arena

as far as cyberlaw is concerned and that the steps that have been

taken to date appear very promising indeed. Furthermore, we are

in the fortunate position that our basic common law facilitates

rather than hinders the progress of Internet-related law.

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