Vongai Chimeri
LLB, LLM, LLD
Post-doctoral fellow, Department of Mercantile Law, University of the Free State
Volume 58 2025 pp 200 - 220
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SUMMARY
The emergence of the digital economy has resulted in a wave of automation that has fundamentally altered peoples’ lives. The digital economy through e-commerce has stirred an economic revolution which has shifted the traditional marketplace to a virtual marketplace, thereby enabling people to conduct trade without any form of physical contact. Due to its unprecedented advantages, e-commerce has offered a unique opportunity for developing countries, particularly those in Africa, to participate and contribute to global trade. Despite its numerous advantages, countries such as Zimbabwe are grappling with harnessing the advantages of e-commerce in a way that contributes to economic development. It is within this context that the article examines the regulation of e-commerce in Zimbabwe, and it questions whether the current legal framework is adequate to accommodate and promote the development of e-commerce in the digital economy. The article observes that the current regulation of e-commerce in Zimbabwe is archaic, fragmented and inadequate. The article further discusses some challenges that are inhibiting the successful adoption of e-commerce in Zimbabwe and proffer recommendations that might enable the country to harness the benefits of e-commerce and effectively participate in the digital economy.
1 Introduction
The rapid expansion of e-commerce has intensified discussions around the necessity of creating legal frameworks that enable and sustain economic growth.1 The traditional principles of commercial law were mainly crafted to cater for paper-based transactions during a time where e-commerce could not have been contemplated.2 As such, it has become necessary to develop frameworks to address some of the regulatory challenges that accompanied the development of e-commerce.3 In response to these challenges, various international, regional and sub-regional frameworks on e-commerce have been adopted. Despite the presence of these instruments, African countries such as Zimbabwe are still grappling with the regulation of e-commerce and have therefore not harnessed the benefits of e-commerce in a way that contributes to economic development.4
This article examines the current legal regime of e-commerce in Zimbabwe and questions whether the current legal framework is adequate to promote the development of e-commerce in the digital economy. Despite the presence of international, regional and sub-regional frameworks, the article posits that Zimbabwe has not yet managed to adopt a comprehensive regulatory framework on e-commerce. Accordingly, the article argues that the regulation of e-commerce in Zimbabwe is archaic, fragmented and inadequate to promote the development of e-commerce. Further, the article contends that Zimbabwe is facing a myriad of challenges that includes lack of adequate technological infrastructure, lack of Information and Communications Technologies (ICT) awareness and an overall legal environment that discourages the use of e-commerce. To this end, the paper provides recommendations that may enable Zimbabwe to participate in the digital economy through the development of e-commerce.
2 Defining e-commerce
There is no universally accepted definition of e-commerce. However, the World Trade Organisation’s Work Programme on E-commerce (WTO Work Programme) defines e-commerce as “the production, distribution, marketing, sale, or delivery of goods and services by electronic means.” 5 Although the definition provided by the WTO Work Programme is regarded as the official definition of the World Trade Organisation (WTO), it is generally criticised as being too broad when compared to definitions used by other international organisations. 6 In an attempt to provide a comprehensive definition of e-commerce, the Organisation for Economic Co-operation and Development (OECD) international working group on e-commerce defines an e-commerce transaction as
the sale or purchase of goods or services, conducted over computer networks by methods specifically designed for the purpose of receiving or placing of orders. The goods or services are ordered by those methods, but the payment and the ultimate delivery of the goods or services do not have to be conducted online. An e-commerce transaction can be between enterprises, households, individuals, governments, and other public or private organisations.7
Unlike the broad definition provided by the WTO, the OECD definition clarifies that e-commerce does not cover all activities performed over computer networks, but that it is restricted only to activities specifically intended for buying and selling.8 The definition also includes digital products and provides various categories of e-commerce such as business to consumer (B2C), government to government (G2G), business to government (B2G), consumer-to-consumer (C2C), consumer to business (C2B) and business to business (B2B).9 Further, the term “computer networks” in this definition has been deliberately used to accommodate changes in how e-commerce may be conducted in the future.10 As a result, the OECD has been commended for providing a conceptual understanding of e-commerce that is coherent, pragmatic and reflects the changing needs and the circumstances of the real world.11
3 E-commerce as a driver of the digital economy
E-commerce lies at the centre of the digital economy as it facilitates its growth and development.12 The impact of e-commerce in the digital economy is its ability to reduce the cost of doing business within and across borders.13 E-commerce has thus brought about unique opportunities for SMEs particularly in marginalised countries to access both domestic and foreign markets at low cost.14 Accordingly, just like lifting trade barriers, e-commerce makes it easier for businesses to conduct business and participate in global trade.15 In this regard, the World Economic Forum (WEF) highlights the importance of it for developing countries, particularly African countries, to overcome obstacles that hinder the development of e-commerce and to benefit from the digital economy.16 It submits that the benefits of e-commerce in the digital economy include
... opening markets to otherwise isolated rural communities and servicing Africa’s fast-growing consumer class. Through digital tools, women entrepreneurs can tap into e-business opportunities, where previously social norms or family duties may have kept them out of the traditional workforce. African e-commerce can be a force for sustainable development.17
Accordingly, if effectively utilised and taken advantage of, e-commerce has the potential to help African countries to improve trade efficiency and facilitate the integration and participation of African countries into the digital economy.18 However, many African countries have not yet managed to create legal environments that enable them to participate in the digital economy and optimise its benefits.19 In this regard, it has been postulated that “within a framework of global governance a national strategy is pertinent for developing countries to create an enabling and equitable digital economy for social inclusion and economic prosperity and to create the safe, secure and trusted environment required for the digital economy to flourish.”20
4 An assessment of Zimbabwe’s international obligations on the regulation of e-commerce
Following its membership in various international and regional organisations, Zimbabwe has the obligation to develop a domestic legal framework on e-commerce in line with international instruments. This section discusses various international and regional instruments on e-commerce that Zimbabwe is party to, and it aims to ascertain whether Zimbabwe has ratified or adopted these legal instruments in its domestic legal framework. At international level, this section focuses on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on E-commerce (MLEC), the Model Law on Electronic Signatures (MLES) and the United Nations Convention on the Use of Electronic Communications in International Contracts (UN Convention). At the regional level, it discusses the African Continental Free Trade Agreement (AfCFTA) Protocol on Digital Trade and the Southern African Development Community (SADC) Model Law on E-commerce.
4 1 Model Law on Electronic Commerce
The MLEC was developed as a legal response to the fact that a number of countries did not have legislation that contemplated the use of e-commerce.21 Given that the MLEC was adopted at a time where an international legal framework on e-commerce did not exist, it is generally considered as the first comprehensive legal instrument to provide the basic principles of e-commerce.22 Accordingly, Sorieul, Clift and Estrella-Faria describe the MLEC as an instrument of preventive harmonisation - one which led the process of developing law by providing a universally acceptable solution to the issues likely to arise, rather than one that was negotiated after practices and usage had already developed.23
The MLEC does not form a binding distinct set of rules, rather it is meant to establish principles and guidelines that may assist legislators when drafting e-commerce laws.24 Member States are therefore not mandated to enact the provisions of the MLEC in national laws, rather national legislators have the freedom to adopt appropriate provisions into existing legislation if they choose to.25 According to its preamble, the MLEC mainly “seeks to facilitate the use of e-commerce through the development of internationally accepted rules that eradicate unnecessary impediments to international trade that may be caused by inadequacies or divergences of laws.”26 The guide to enactment of the MLEC provides a non-exhaustive list of the general principles on which the MLEC is based on. These principles include: (i) to facilitate electronic commerce among and within nations, (ii) to validate transactions entered into by means of new information technologies, (iii) to promote and encourage the implementation of new information technologies, (iv) to promote the uniformity of law and (v) to support commercial practice.27
Broadly, the MLEC deals with various provisions on application on legal requirements to data messages,28 communication of data messages29 as well as carriage of goods.30 Since the time of its adoption in 1996, the MLEC has received wide acceptance across the world.31 81 States have enacted legislation that is based on or influenced by the MLEC.32 However, unlike other countries, Zimbabwe has not yet adopted legislation that is influenced by the MLEC.33 Among other issues, the MLEC was not adopted as a binding legal instrument but rather to provide guidelines which member states may choose to incorporate in their legal frameworks. Further, lack of domestication of the MLEC signifies lack of prioritisation of e-commerce laws within the country. According to the UNCTAD, the country lacks data-driven oversight of e-commerce market developments and “there is no harmonised system to record e-commerce activities and collect statistics based on international standards.”34
4 2 Model law on electronic signatures
Following the adoption of the MLEC in 1996, the MLES was adopted in 2001.35 Just like the MLEC, the MLES was not adopted as a binding legal instrument but rather it was drafted with the aim of assisting states to establish a harmonised legal framework that deal effectively with issues of electronic signatures.36 The MLES also aims to promote the understanding of electronic signatures and their reliability in commercial transactions.37 Further, it advocates for fair treatment between users of paper-based documents and users of computer-based information.38 The MLES also seeks to create a media-neutral environment where equal treatment is given to all information generated, stored or communicated, irrespective of the medium on which such information may be affixed.39
The technology neutrality principle is regarded as one of the cornerstones of the MLES.40 This principle forbids discrimination among the various techniques that may be used to communicate or store information electronically.41 Although the MLES was adopted in 2001, only 37 Member States have adopted legislation that is based on or influenced by the MLES.42 However, unlike other countries, Zimbabwe has not yet adopted legislation that is influenced by or based upon the MLES.43 This is mainly because the legal instrument is not binding hence states have the discretion to incorporate it in their domestic frameworks as they see fit. Further, as highlighted above, Zimbabwe lacks prioritisation in the domestication of e-commerce related legislation. This is evidenced by the current legal framework for electronic signatures which is outdated and inadequate to support the development of a digital market within the country.44
4 3 The United Nations Convention on the use of electronic communications in international contracts
Although the MLEC and the MLES managed to establish legal rules that encouraged uniformity in domestic e-commerce laws, these model laws had inherent weaknesses emanating from the fact that they are soft law therefore not binding upon Member States.45 The weaknesses presented in the MLEC and MLES led to the adoption of the UN Convention.46 The main objective of the UN Convention is to establish “uniform rules that are intended to remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, with a view to enhancing legal certainty and commercial predictability.”47 To this end, the UN Convention is meant to provide common legal solutions that remove unnecessary legal impediments to the use of electronic communications including e-commerce in a way that accommodates countries with different legal, social and economic systems.48
The UN Convention is predicated upon the realisation that legal requirements that prescribe the use of traditional paper-based documentation create significant obstacles to the development of modern means of communication.49 Accordingly, the UN Convention seeks to remove obstacles to e-commerce caused by domestic or international form requirements such as writing, signature and original, with a view of incorporating computer-based techniques.50 In order to achieve this aim, the UN Convention relies on the “functional equivalent approach” which is basically based on how the traditional paper-based requirements could be fulfilled through e-commerce techniques.51 The UN Convention thus provides criteria which once met equates electronic communications with corresponding paper documents performing the same function.52
The UN Convention further relies on “technological neutrality.”53 This means that the law recognises different forms of technologies and does not discriminate between them.54 This principle recognises “the speed of technological innovation and development and helps to ensure that the law is able to accommodate future developments and does not quickly become out-dated.”55 The provisions of the UN Convention are also intended to improve the efficiency of cross-border commercial activities and enhance trade connections thereby allowing access to new opportunities for previously remote markets.56 As such, the UN Convention seeks to play a significant role in promoting trade and economic development, both domestically and internationally in the digital era.57
Unlike the MLEC and the MLES which do not create binding obligation on Member States, the UN Convention is the first international instrument to regulate e-commerce in a binding manner. Despite its success in creating standards for e-commerce at the global level, Zimbabwe has not yet ratified the legal instrument.58 Given that Zimbabwe follows the dualist approach in the application of international law, the UN Convention does not have legal effect in Zimbabwe.59 The failure of Zimbabwe to domesticate the UN Convention reveals lack of understanding of the importance of legal rules on e-commerce at national level. Further, it reveals the lack of effective domestic institutions that ensure the timeous adoption and implementation of international institutions in domestic legal frameworks. Domestication of international instruments is pertinent as it enhances legal certainty and enables the expansion of businesses beyond domestic borders.60
4 4 Protocol to the Agreement Establishing the African Continental Free Trade Area on Digital Trade
The African Continental Free Trade Area (AfCFTA) is one of the Flagship Projects of the African Union (AU) which was approved in 2012 and entered into force in 2019.61 As a member of the AU, Zimbabwe ratified the Agreement establishing the AfCFTA on 24 May 2019, and as such, it is bound by the Agreement establishing the AfCFTA with its various annexes.62 In the area of e-commerce, the Protocol to the Agreement Establishing the African Continental Free Trade Area on Digital Trade (Protocol on Digital Trade) was recently adopted by the African head of states in February 2024. 63 The major objective of the Protocol on Digital Trade is to establish “harmonised rules and common principles and standards that enable and support digital trade for sustainable and inclusive socio-economic development and the digital transformation of the continent.” 64 Among other issues, the legal instrument addresses issues such as market access of digital goods, 65 non-discrimination of digital products, 66 facilitation of digital trade, 67 data governance,68 and online consumer protection. 69 The Protocol further highlights the importance of digital inclusion, transparency and technical assistance and cooperation in order to facilitate the implementation of the Protocol of Member States. 70
The adoption of the Protocol on Digital Trade is a significant milestone in Zimbabwe’s digital economy. 71 This is mainly because the legal instrument is the first comprehensive regional instrument on e-commerce to create some binding obligations on Zimbabwe. However, a key challenge to the implementation of the Protocol on Digital Trade is lack of a domestic framework and technological infrastructure that enables Zimbabwe to effectively take advantage of the legal instrument. 72
5 SADC Model Law on Electronic Transactions and Electronic Commerce
The SADC Model Law on Electronic Transactions and Electronic Commerce (SADC Model Law) was adopted by the SADC Ministers responsible for Telecommunications, Postal and ICT in 2012 in order to provide guidance on the domestic regulation of e-commerce to SADC Member States.73 The framework provide guidance on issues relating to electronic communications, electronic transactions, electronic signatures, admissibility and evidentiary weight of electronic evidence, the protection of e-commerce consumers and the liability of service providers.74 Although the SADC Model Law does not create binding obligations to Zimbabwe as a Member of the SADC, its adoption stimulated the development of the Electronic Transactions and Electronic Commerce in 2013. Although the Bill was finally approved by the cabinet in 2021, it has not yet been formally enacted into law and its revision is on the agenda of the 10th Parliament which commenced its functions in late 2023.75 According to UNCTAD, the adoption of the Bill has been delayed due to socio-economic, legal, and political challenges facing the country.76
6 An examination of the domestic regulation on e-commerce in Zimbabwe
Zimbabwe is still lagging behind in its efforts to take full advantage of the technological transformations that have been made to international trade through e-commerce.77 The country has not yet adopted a comprehensive regulatory framework on e-commerce.78 The current regulatory framework was mainly developed to cater for paper-based transactions which require the use of documents and manual signatures.79 As a result, the regulation of e-commerce is fragmented and inadequate to accommodate the development of e-commerce.80
Currently, various pieces of legislation regulate the use of ICT technologies including electronic communications and certain aspects of e-commerce in Zimbabwe.81 Among other legislation, e-commerce in Zimbabwe is mainly regulated by the Data Protection Act,82 Consumer Protection Act,83 and the Postal and Telecommunications Act.84 These pieces of legislation were not enacted specifically to regulate issues relating to e-commerce hence they do not address other issues that are imperative for the development of e-commerce in Zimbabwe. For instance, there are no provisions dealing with electronic signatures. 85 Electronic signatures play an important role in digital trade as they allow the easy processing of electronic transactions between business and consumers. 86 Further, presently, Zimbabwe does not have legislation that formally deals with the formation and validity of electronic contracts. 87 The recognition of electronic transactions in e-commerce is pertinent as it gives both consumers and businesses the confidence and security to conduct e-commerce transactions. 88
In an effort to provide regulations that deal with e-commerce, Zimbabwe introduced the Electronic Transactions and Electronic Commerce Bill in 2013. Among other aims, the Bill seeks to regulate e-commerce more broadly by providing regulations that “promote the legal certainty and enforceability of electronic transactions, grant legal recognition to electronic communications and writing and provide for the legal effect of electronic signatures and secure electronic signatures.” 89 To this end, the Electronic Transactions and Electronic Commerce Bill addresses various issues that are pertinent to the development of e-commerce, for instance, it addresses inter alia issues regarding the use of electronic signatures, legal recognition of electronic communications, formation of online contracts, consumer protection issues in electronic transactions among. 90 Although the introduction of the bill is a step in the right direction, since 2013, it has not yet been enacted as act of parliament and as such it does not have any legal force.
Further, the Bill fails to address other important issues that are imperative for the development of e-commerce.91 For instance, the bill does not address the issue of debit cards and mobile money vendors which are the common methods of payments used in e-commerce transactions in the country.92 There is no predictability regarding issues of domestic currency and in most cases the currency being introduced by the government cannot be used in cross-border e-commerce transactions.93
Also, although Zimbabwe adopted the Cyber and Data Protection Act,94 a piece of legislation which is pertinent to build trust, confidence and security of e-commerce transactions, the Act has been criticised for taking away the principles and rights it seeks to protect.95 This is mainly because the Act does not establish an independent data protection authority but delegates that authority to the Postal and Telecommunications Regulatory Authority (POTRAZ), a government institution which is also a telecommunications sector regulator.96 This has the potential to create an administrative authority given the duties and roles of POTRAZ as a data protection authority as well as a telecommunications sector regulator.97
Further, the Act establishes the Cybersecurity and Monitoring of Interception of Communications Centre, a body that is not only housed in office of the President but is also responsible for issuing interception of communications warrants.98 Accordingly, MISA argues that under the Cyber and Data Protection Act the “government is operating under a very misled presumption that cybersecurity equals national security.”99 This is because the piece of legislation gives the government particularly the executive the power to monitor and intercept communications willy nilly on the guise of protecting national security.100 Given that security, trust, predictability and confidence are paramount to the development of e-commerce, the Cyber and Data Protection Act does not promote the use and development of both domestic and cross-border e-commerce transactions through its provisions.
7 Regulatory challenges in the development of e-commerce in Zimbabwe
The development of e-commerce in Zimbabwe is inhibited by various challenges. This section discusses some of the regulatory challenges. These include, inadequate ICT infrastructure, lack of adequate knowledge, lack of e-payment systems, lack of an e-commerce enabling environment and the absence of a regulatory framework on e-commerce.
7 1 Inadequate ICT infrastructure
ICT infrastructure is one of the fundamental pillars that enables the development of e-commerce.101 Robust internet connectivity, digital payment systems and reliable electricity supply are key infrastructural components that are necessary for the development of e-commerce. Compared to other regions, Ndonga argues that the “African continent has been left in a constant state of ‘catch up’ when it comes to adopting sophisticated technologies related to e-commerce.”102 Zimbabwe does not have adequate ICT infrastructure that supports the development of e-commerce.103 The provision of ICT services in Zimbabwe has mainly been affected by the political and economic predicament that is hounding the country.104 This predicament led to the stagnation in the growth of the ICT sector and hindered efforts to expand and modernise existing ICT infrastructure.105 As a result, Zimbabwe is lagging behind other countries in its efforts to take full advantage of the use of ICTs to stimulate and promote economic development.106
Further, internet penetration in Zimbabwe is very low.107 Low internet penetration is mainly attributed to poor telephone communications, unreliable electricity supply and the fact that the internet is overpriced.108 Exorbitant pricing on the internet is mainly attributed to the harsh and unstable economic environment in the country which forces internet service providers to charge exorbitant prices to avoid losses.109 E-commerce therefore seems to be left for high income earners as the majority of people cannot afford to connect to the internet.110 Many rural areas do not have suitable infrastructure that supports internet services.111 There is a digital divide between urban and rural areas.112 Even in unusual instances where a person residing in the rural areas places an e-commerce order online, the country has inadequate roads and rail links between cities and remote towns or growth points which make the delivery of goods extremely difficult.113 As a result, 90 percent of e-commerce transactions are made from major cities such as Harare and Bulawayo.114
Further, despite the significance of digital payment systems in enabling the adoption and expansion of e-commerce, a significant portion of the population in Zimbabwe remains hesitant to use digital payment systems in e-commerce transactions. According to UNCTAD, in 2021, the share of population using the internet to make online purchases was just 2.5 per cent.115 Lack of trust, high transaction costs and connectivity issues have been cited as challenges that are inhibiting the integration of digital payment systems with e-commerce. Simatele accordingly submits that many consumers in Zimbabwe “complain about the high charges they face, as well as the system and infrastructural failures associated with e-payments in the country.”116 As a result, many consumers prefer cash on delivery transactions to avoid digital payment transactions.117 It can therefore be submitted that the ICT infrastructure in Zimbabwe has a long way to go before it can match up to other developing countries.118
7 2 Lack of adequate knowledge
Another factor that is inhibiting the effective development of e-commerce in Zimbabwe is lack of ICT knowledge amongst the population and the relevant stakeholders.119 Many people do not have the adequate knowledge to use technologies such as computers and the internet.120 In this regard, Dennins Ndoga also posits that “cultural attitudes have also played a role in thwarting ICT literacy in Africa.”121 There seems to be lack of trust of ICT technologies particularly in the area of trade in Zimbabwe.122 Concerns regarding the “quality of the goods, delivery, return of damaged goods and the general suspicions of buying goods without the ability to touch and feel” reduces the confidence of both businesses and consumers to engage in e-commerce transactions.123 As a result, many consumers and businesses particularly SMEs feel safe using face to face trade without adequate knowledge of the advantages of e-commerce.124 In overall, lack of ICT literacy from consumers and businesses contributes to the low levels of e-commerce adoption.125
Further, lack of e-commerce policies that promotes the use of e-commerce highlights the lack of expertise and understanding of the importance of rules pertaining to e-commerce from government officials.126 In particular, lack of enactment of the 2013 bill highlights lack of understanding of the urgent need to develop rules that harness the benefits of e-commerce. Consequently, there is a glaring disconnect between policy making institutions and the realities of the digital economy. According to the UNCTAD, the absence of comprehensive e-commerce legislation and a dedicated national e-commerce strategy is hindering the development of e-commerce in Zimbabwe. Without domestic legislation and a cohesive national strategy that aim to harness the benefits of e-commerce, Zimbabwe risks falling behind in the rapidly evolving digital economy.
7 3 Lack of an e-commerce enabling environment
Among other factors, corruption, lack of rule of law and ill-conceived economic policies are hindering the development of e-commerce in Zimbabwe.127 The overall economic regulatory environment of Zimbabwe is complex and does not support the development and growth of businesses.128 For instance, the government of Zimbabwe has a tendency of introducing ad-hoc trade restrictions and policies that are meant to protect inefficient and sometimes non-existent domestic producers.129 These policies and trade restrictions are sometimes drafted based on political and personal reasons which increases the cost and reduces the confidence of doing business in Zimbabwe.130
Mawere and Mutero also submits that corruption and lack of rule of law contributes to an environment that reduces confidence in e-commerce activities.131 In terms of corruption, the Transparency International Zimbabwe (TIZ) ranks Zimbabwe 149 out of 180 countries.132 Corruption increases the cost of doing business and in most instances consumers bear the cost as it increases prices of goods or services.133 Instead of building infrastructure and developing a conducive environment that encourages investment in e-commerce, the proceeds of corruption are often committed to non-productive activities which enriches only a few.134 The government of Zimbabwe lacks the political will to eradicate corruption and in some instance it has been accused of “catch and release” syndrome of high political government officials.135
Further, lack of rule of law in Zimbabwe discourages investment and the overall confidence in commercial transactions.136 In this regard, Hungwe and Munoriyarwa posit that Zimbabweans’ economy is “characterised by instability and policy volatility, which are hallmarks of excessive government interference and mismanagement.”137 For instance, on one occasion the government restricted the use of social media platforms such as Facebook, Twitter and Whatsapp on the basis of protecting national security.138 This restriction was done under the Interception of Communication Act, a piece of legislation which is highly contested and criticised for providing “carte Blanche for authorities to surreptitiously walk in the dark unaided with a legal guiding torch whose net result is the inadvertent intrusion and violation of rights of the respective parties.”139 Further, subsequently, without adherence to the rule of law, businesses and consumers will not have the necessary confidence and trust in e-commerce transactions.
8 Towards the development of e-commerce in the digital economy
Given the challenges facing the development of e-commerce in Zimbabwe explored above, there is a need for the country to adopt laws, policies, principles and norms that supports the development of e-commerce. An e-commerce thriving market in the digital economy is pertinent for economic development which in turn can create employment, eradicate poverty and promote sustainable development. The challenges facing the development of e-commerce in Zimbabwe can be mitigated through legal reform aimed at boosting confidence in e-commerce transaction, promoting ICT awareness and investing in infrastructural development. These are discussed below.
8 1 Adoption of a legal framework on e-commerce
As discussed above, a legally predictable environment that breeds confidence, trust and security is pertinent for the development of e-commerce in Zimbabwe.140 It is therefore pertinent that Zimbabwe adopts a comprehensive regulatory framework on e-commerce. Given that e-commerce transcends beyond borders, it is important that the regulatory framework on e-commerce be anchored in international instruments. Without an effective regulatory regime that harnesses the benefits of e-commerce and promotes cross-border e-commerce, Zimbabwe runs the risk of widening the digital divide with other countries.141 A legally enforceable regulatory framework on e-commerce in Zimbabwe is imperative to discourage and eradicate vulnerable and exploitative practices that discourages the use and development of e-commerce.142 Consequently, a robust legal framework on e-commerce can be instrumental in boosting trade and stimulate economic development, which in turn can address poverty, unemployment and other social and economic challenges hounding Zimbabwe. 143
8 2 Promotion of ICT awareness
The importance of a regulatory framework on e-commerce should not be understated, however, a regulatory framework without the promotion of ICT awareness to bridge the usability barrier is futile.144 Consequently, the promotion of ICT awareness remains important for the development of e-commerce in Zimbabwe.145 Consumers, businesses, government authorities and policymakers should therefore be educated on the importance and the benefits of e-commerce.146 Deliberate efforts should therefore be made to educate and promote ICT awareness particularly in commercial transactions.147
Laws and policies that promote and introduce ICT literacy at an early stage in schools should be adopted.148 Teachers should therefore undergo training and awareness programs that can help them to teach children ICT literacy at early stage.149 This is important as it can “create a generation of savvy computer users who form the foundation of a vibrant ICT market.150 Further, responsible ministries should conduct workshops that educate and provide training for small businesses and young entrepreneurs on the benefits and importance of ICTs in the digital economy.151
8 3 Infrastructure development
As discussed above, infrastructure investment is important for the development of e-commerce. Modern ICT infrastructure is important for economic development and increases competitiveness in the digital economy.152 Currently, Zimbabwe lacks policies that are aimed at infrastructure investment.153 Investment in infrastructure has a significant impact on bridging the digital divide in Zimbabwe.154 One of the major contributing factors to poor ICT infrastructure in Zimbabwe is the impenetrable telecommunications regulations that limit effective competition in the provision of telecommunications services.155 Zimbabwe lacks the financial capability to build efficient and effective modern ICT infrastructure.156 Accordingly, government should develop policies that attract investment and grant licenses to operators and providers of digital media, internet, broadband and fixed or mobile phone services.157 This can increase competition, lower prices and increase the internet and digital penetration country-wide.158
As discussed, e-payments facilitates the development of e-commerce as it makes it easier for both businesses and consumers to make payments for a goods or services that would have been purchased online.159 In order to promote the development of e-commerce in Zimbabwe, it is important for the government to adopt laws and policies that build trust, security and confidence in e-payment systems.160 In this regard, policies that enable international suppliers of e-payment services to compete on a level playing field with local suppliers can promote competition thereby developing suitable and effective options for both consumers and businesses.161 These policies should also promote innovation and allow increased access by new participants.162 Priority should also be given to the adoption of economic and political policies
that stabilizes the economy and Zimbabwean currency.163 In this regard, Kararach, Kadenge and Guvheya submits that the currency crisis in Zimbabwe can be resolved through policy consistency, institutional reforms, adoption of prudent monetary policies and the government’s commitment and political will to implement these policies. 164
9 Conclusion
Although e-commerce presents an opportunity that can promote economic development and resuscitate the economy of Zimbabwe, the article has established that the country has not yet adopted a comprehensive legal framework on e-commerce and lacks provisions that address cross-border e-commerce as it has not yet adopted or ratified the UNCITRAL international instruments on e-commerce. Accordingly, e-commerce is still in embryonic stages due to the current legal and regulatory environment which does not support and facilitate its development. Among other challenges, the article has noted that Zimbabwe faces challenges that include low levels of internet penetration, lack of ICT awareness, lack of ICT infrastructure, lack of rule of law and ill-conceived economic policies to effectively take advantage of e-commerce. To bridge the digital divide and foster economic development, stimulate employment and eradicate the socio-economic challenges through the development of e-commerce, the article has highlighted the importance to adopt a regulatory framework that promotes ICT awareness, invest in ICT infrastructure, eradicate corruption and uphold the rule of law in Zimbabwe.
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7. The definition provided by the OECD is a combination of the narrow and broad definition of e-commerce which were initially provided by the OECD international working group on e-commerce in 2001. See Dhar “Electronic Commerce and the WTO: The Changing Contours of Engagement” 2017 https://www.madhyam.org.in/wp-content/uploads/2017/11/BP-21-on-ecommerce-WTO.pdf (last accessed 2024-07-28).
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11. Dhar “Electronic Commerce and the WTO: The Changing Contours of Engagement” 2017 https://www.madhyam.org.in/wp-content/uploads/2017 /11/BP-21-on-ecommerce-WTO.pdf (last accessed 2024-07-28).
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14. See Regional Infrastructure Development Master Plan: Information and Communication Technologies Sector Plan (2012) https://www.sadc.int/files/9413/5293/3532/Regional_Infrastructure_Development_Master_Plan_ICT_ Sector_Plan.pdf (last accessed 2024-05-13).
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