Is an electronic signature legal in South Africa?
Electronic signatures and records are governed by South African common law and the ECTA. Generally no special formalities are required to form an enforceable contract, so the parties determine which formalities (including electronic signing) apply.
What types of electronic signature are recognized in South Africa?
The ECTA distinguishes an “electronic signature” (ES) — any data intended as a signature, such as a typed name, an “I accept” click, or an e-pen/finger signature — from an “advanced electronic signature” (AES) accredited by the South African Accreditation Authority (identifies the signatory, is based on face-to-face identification, is uniquely linked to and under the sole control of the signatory, and is tamper-evident).
What documents can be signed electronically in South Africa?
An ES can be used in most transactions where it identifies the sender and shows approval by a reliable, appropriate method. Where a law requires a signature but does not specify the type, an AES is needed — for example suretyship, copyright assignment or exclusive license, notarized or certified documents, and where a seal is required.
What documents cannot be signed electronically in South Africa?
Using an ES where an AES is required (or e-signing a barred contract type) can render the contract void; the court exercises discretion on the merits.
What court cases have addressed eSignatures in South Africa?
Spring Forest Trading v Wilberry (725/13) [2014] ZASCA 178
Global & Local Investments Advisors v Fouché (71/2019) [2019] ZASCA 08
