CHAPTER ONE

GENERAL INTRODUCTION

This is the introductory chapter which provides a general introduction to the work. It traces the background to the study and further unravels the problem that necessitated the research. It enumerates the research questions and objectives. It equally establishes the research methodology, review relevant literature and theories. It finally covers the justification for the study, significance of the study, scope of the study, limitations of the study, conceptual definition of key terms and synopsis of chapters.

1.1 BACKGROUND TO THE STUDY

Before the rise of e-commerce, the delivery of goods in Cameroon, like in many other countries, was largely based on traditional, physical commercial systems.[1] Goods were sold and delivered through face-to-face transactions, open markets, retail stores, and wholesale supply chains.[2] This traditional mode of commerce had its own delivery methods, mostly relying on manual logistics, and was regulated primarily through general commercial laws, transportation regulations, and customary trade practices.[3]

The Modes of Delivery before E-Commerce comprises of in-Person Purchase and Hand-to-Hand Delivery. Most transactions occurred physically at marketplaces, retail shops, or business premises. Buyers and sellers interacted directly, and delivery typically occurred on-site at the point of sale or was arranged informally for home or business delivery using taxis, personal vehicles, or couriers[4].

Wholesale and Retail Distribution Chains has to do with delivery of goods from manufacturers to retailers followed a hierarchical chain manufacturer to distributors, then to wholesalers and finally to retailers. These deliveries were conducted using private transportation fleets, intercity buses, or trucks, often without the use of advanced tracking or inventory systems[5].

Under Postal Services and Freight Companies, the Cameroon Postal Services (CAMPOST) and private courier companies like UPS or DHL handled intercity and international deliveries of documents and small parcels. However, usage was mostly business-related or for administrative purposes, with low consumer reliance for product delivery[6].

Before digital commerce, delivery obligations were governed under general contract law and the Civil Code of Cameroon, where the sale of goods was regulated by traditional rules on offer, acceptance, and the obligation to deliver in a sale contract[7]. The legal focus was on ownership transfer, physical possession, and risk of loss.

With the Regulations on Road Transport and Freight, delivery through road transport was regulated by traffic laws, transportation permits, and freight insurance rules, governed by the Ministry of Transport. However, these laws primarily targeted carrier responsibilities and safety rather than speed or customer satisfaction[8]. In rural and informal settings, delivery and trade were guided by customary trade practices, trust systems, and local dispute resolution mechanisms. Delivery was often on trust, and oral contracts governed most trade, especially in agriculture and crafts[9]. Prior to consumer protection laws like the 2011 Law on Consumer Protection, buyers had limited legal remedies in the case of delivery failures. Disputes were often settled informally or through civil suits under general tort or contract principles[10].

Some of the challenges during the Pre-E-Commerce Delivery Systems include; lack of delivery tracking which characterize by no real-time tracking or proof of delivery existed. Delivery to rural areas was inconsistent and largely unavailable. No standardized timelines: Delivery times were unpredictable and rarely guaranteed. Inadequate regulation: Few consumer rights were enforceable in case of failed deliveries or damaged goods.

In a nutshell,  e-commerce, delivery in Cameroon before digitalization was largely a manual and localized activity, dependent on personal arrangements, traditional retail logistics, and informal norms. Regulation focused more on contract enforcement and transport laws rather than speed, transparency, or consumer rights. The emergence of e-commerce has since transformed these systems, introducing the need for digital infrastructure, standardized delivery protocols, and stronger consumer protection laws.

One of the most innovating events towards the end of the last century was the wide acceptance and use of Electronic commerce.[11] The development of information and communication technology has increasingly led to the development of international commerce because of its “ability to shrink space and time, to bring people together without crossing long distance, to create new market places and to contribute to global economic growth.”[12] The major significance of electronic commerce therefore lies in the fact that it is a single world trading system which is facilitated by access through electronic means to goods and services from different parts of the world. Electronic Commerce has been described by some scholars as “so startling in its economic implications that it may reasonably be considered a watershed in the way we do business, an abrupt and irrevocable turning point, one that signals a shift in historical direction by changing the established manner of business practice and replacing them with a new paradigm”.[13] The positive effects of E-commerce have been highly welcomed by most countries the world over and Cameroon is not left out.[14]

The internet offers unlimited opportunities to transform the way business is carried out. Business organizations, institutions, governments and individuals use computer networks to share information and sell products across borders.[15] Despite the numerous easydelivconmaau5actionstion of terms and conclusion of contracts electronically in the shortest possible time, a large platform of sellers that provide access to competitive prices and easy a14ncess to information, prices and delivery terms, E-commerce raises a number of legal issues and some legal uncertainties which may act as a barrier to it. [16]Emergence of any new technology raises serious issues for policy makers and other stake holders especially in the era of computer technology where it has been readily embraced and has a wide economic impact. The question that comes to mind is to what extent can e- commerce be regulated, so as to find a balance between the risks of the new technology and the opportunities created by it Security is of prime importance in electronic Commerce.

For any contract to be valid there is the need for pre-contractual negotiations to take place such as offer, acceptance and contractual terms. In e-commerce, this are conveyed and stored electronically. The legal problems that are considered in e-commerce are that of authenticity and integrity of the information gotten from the internet when concluding contracts through electronic means. Questions such as:

Can the electronic medium be trusted? Does it originate from the real person with whom you are dealing with? Can the message be relied upon? How secure is it given that electronic documents can easily be frauded or manipulated? Is the message the same as the one sent from origin? What is the legal status of an electronic document? And can it be enforceable? Do electronic messages and electronic signatures meet the legal requirements of writing and signature and above all what is the legal status of an electronically signed message?[17]

As such electronic commerce is faced with serious problems of confidentiality, delivery, the integrity of electronic signatures for the validity of transactions and enforceability of contracts. Public key cryptography has been invented with the aim of securing transactions in electronic commerce. Digital signatures and certificates have come up with the aim of authenticating information sent by the internet.

E-commerce is fast developing in the world and Cameroon in particular. With the aim of regulating and controlling this sector, the Cameroonian legislator passed a law on electronic commerce that is in line with the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.[18] The modalities for the application of the Cameroonian law on electronic commerce were defined by a Prime Ministerial Decree of 2011.[19] Electronic commerce is not only limited to commercial transactions and consumption contracts that are habitually known but it includes the supply of information online, communication and research tools that give access and recuperates information from a communication network or a site that contains information. Also, it would be noted that the definition here is different from the classic definition of commercial activity[20] based on the fact that information technology distinguishes it from traditional commerce. The status of parties and its equivalence in electronic commerce is considered as Business to Business (B2B) and Business to Consumer (B2C) which is different from that known in commercial law.[21] It would also be noted that not all activities concerning electronic commerce are based on financial gains as it is the case with normal commercial law.[22]

The law defines the various obligation, restrictions and responsibilities of those involved in electronic commerce. The Decree of 2011 on the modalities of application of the law provides that “those involved in electronic commerce in Cameroon must give certain important information and such information has to be equivocal for easy access and must be permanent on the welcoming page of the website of the supplier of the goods and services needed and accessible at each stage of the transaction, with respect to the principles governing the protection of the minors”[23] In order to guarantee transparency, and fluidity of electronic transactions that are equal or above 20.000xaf, the law provides that the professional has to make sure he preserves such transactions in writing for at least 10 years in order to guarantee access to the co-contractor in case need arises.[24]

1.2 STATEMENT OF THE PROBLEM

The rapid expansion of e-commerce has transformed customer behavior and business practices, yet it has also introduced a myriad of delivery challenges that pose significant legal ramifications. Issues such as delayed delivery, damaged goods and non-adherence to contractual obligations have become increasingly prevalent. These impediments not only affect consumers but also raise questions about liability, contractual obligations and regulatory compliance. As e-commerce platforms evolve, the legal frameworks governing delivery practices proves inadequate in addressing the problems it pose. According to a survey conducted by the Cameroon National Institute of Statistics, 45% of online shoppers reported dissatisfaction with delivery times, while 30% experienced issues with damaged or missing items.[25]

1.3 RESEARCH QUESTIONS

The problems identified in this research have led to the following research questions:

1.3.1 Main Research Question

• To what extent is delivery effective in the e-commerce transactions in Cameroon?

1.3.2 .Specific Research Questions

• What is the concept and nature of E-commerce and Delivery in Cameroon?
• What regulatory frameworks have been put in place to regulate delivery channels in E-commerce in Cameroon?
• How effective are current delivery mechanisms in E-commerce in Cameroon?
• What policy recommendations can be made to address the challenges raised?

1.4 RESEARCH OBJECTIVES

1.4.1 Main Research Objective

To examine the extent to which delivery is effective in e-commerce in Cameroon.

1.4.2 Specific Research Objectives

• To examine the concept and nature of E-commerce and Delivery in Cameroon
• To examine the regulatory frameworks put in place to regulate delivery channels in E-commerce in Cameroon.
• To assess the effectiveness of current delivery mechanisms in E-commerce in Cameroon.
• To propose recommendations to address the problems raised.

[1] Mambe C.N. “why conventional E-Commerce hasn’t  scaled in African”

[2] Cameroon Market places

[3] Ibid

[4] Fombad, C. M. (2009). Contract Law in Cameroon. (University of Yaoundé II Press).

[5] Mbaku, J. M. (2005). “Institutions and Development in Africa”. Trenton, NJ: Africa World Press.

[6] CAMPOST Annual Report (2008), “National Postal and Parcel Services Review.”

[7] Civil Code of Cameroon, Book III: Contracts, Articles 1582–1600.

[8] Ministry of Transport, Transport Regulation Manual, 2007.

[9] Ngoh, V. J. (1996). “History of Cameroon Since” 1800. (Limbe”: Presbook.

[10] Law No. 2011/012 on Consumer Protection was the first to codify delivery-related consumer rights.

[11] A. Goldstein & D.O Connor, “E- Commerce for Development: Prospects and Policy Issues”, OECD Development Center, at http://www.oecd.org/dev. accessed on the 20th December 2024

[12] I. Carr, “UNCITRAL and Electronic Commerce: A Light Touch on Harmonization, Hertfordshire Law Journal, (2003), 1 (1), pp 14-21, p 15.

[13] 4 Y. Zhao, “Dispute Resolution in Electronic Commerce”, Martinus Nijhoff, Leiden, (U.K, 2005), p 2, quoting T. Siebel & P. House, “Cyber Rules, and Strategies for Excelling at E-Business”, (1999, p 1.)

[14] Cameroon in line with international developments adopted Law no 2010/021 of December 2010 governing Ecommerce in Cameroon.

[15] G. Friedman & R. Gellman, “An Information Superhighway on Ramp for Alternative dispute Resolution), 68 N.Y. St. Bus J, (1996) 38-39

[16] A. Davidson, “The Law of Electronic Commerce”, (Cambridge University Press), New York, 2009, p 1

[17] Ibid

[18] Law No.2010/021 of 21 December 2010; In 1996 UNCITRAL brought out a model law for online consumer and commercial protection. The model law was intended to provide national legislations with a model for internationally acceptable rules that would remove legal obstacles and create a more secure legal environment for electronic transactions. The model rules have had significant international acceptance, Cameroon not left out. On the 11 of October 2017, Cameroon acceded to the United Nations Convention on the use of Electronic communications in International Contracts 2005 and it was the 90th state to do so. It entered into force on the 1st of May 2018.www.uncitral.org. This one is built on the UNCITRAL model law on electronic commerce of 2005. It must be stated that model laws do not have the same legislative weight like a convention and states are free to adopt the law as it stands or base their law using the model law as it is.

[19] Decree no.2011/1521/pm of 15 June 2011.

[20] Article 3 of the OHADA Uniform Act on General Commercial Law defines commercial activity.

[21] Article 2 of OHADA Uniform Act on General Commercial Law defines commercial operators as those who perform commercial transactions as their usual professional activity.

[22] Article 2 (1) of Law No.2010/021 of 21 December 2010 defines commercial activity as “all production activity and supply of goods and services based on material or electronic means carried out by any physical or moral person conformingly to provisions in legislative, regulatory or conventional texts.”

[23] Article 6; Decree no.2011/1521/pm of 15 June 2011.

[24] Article 8, Ibid.

[25] “Cameroon National Institute, 2021”