An Analysis of the Realist Theory of Law Vis-À-Vis the Practicability of Rules Relating to Dispatch and Receipt of Data Messages in the ECT Act 2021 of Zambia: Lessons from the UK and Malaysia

Abstract

This research provided a comprehensive analysis of the realist theory of law concerning the practicability of rules related to the dispatch and receipt of data messages in Zambia’s e-commerce; it includes a comparative study based on best practices, with a particular focus on the legal framework governing electronic communication transactions in Zambia, especially the Electronic Communications and Transactions Act no. 4 of 2021. Like many other countries, Zambia has responded to the way technology has changed how people engage in business and interact as customers by enacting legislation to promote secure online transactions. This study carefully examines whether Zambia's Electronic Communications and Transactions (ECT) Act's regulations on the dispatch and receipt of electronic communications effectively achieve the aims of providing legal certainty, security, and consumer protection in the digital environment. The study’s main goals were threefold: to examine the practical difficulties of applying dispatch and receipt rules to electronic communications, to assess the broader legal framework governing online transactions in Zambia, and to evaluate how well the ECT Act holds up against its intended purpose. Drawing on existing literature, statutory analysis, and international best practices, the research aims to pinpoint where the law falls short and suggest realistic reforms. But this isn’t just a technical analysis. The study also considered the bigger picture of how Zambia’s digital economy could benefit from a more responsive legal framework. By applying realist theory to the operational challenges of the ECT Act (No. 4 of 2021), the research anticipations to show how law and technology can be better aligned, especially in contexts where digital adoption is moving faster than legal and institutional readiness. Ultimately, the study contributed to ongoing conversations about legal harmonisation and best practice in digital governance. It argued that while Zambia has made commendable progress in setting up a legal structure for electronic communications, there’s still work to be done. With targeted reforms and clearer regulations, the country can strengthen consumer protections and build greater trust in its digital marketplace, benefiting businesses, individuals, and the broader economy alike.