Are electronic signatures legal in South Africa?
Electronic Signature has been legally recognised in South Africa since 2002, since The Electronic Communications and Transactions Act. Giving businesses the option to use them whilst trading.
Yes, e-signatures are court admissible
Each country has it’s own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won’t be rejected simply for not being handwritten.
Yes, e-signatures can be used in business
Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.
Legal Model
South Africa’s legal model is a tiered one. This means that Qualified Electronic Signature are seen as a legal type of e-signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need additional evidence to support it.
Legal Classification
South Africa operates a ‘hybrid’ or ‘mixed’ legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans.
As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch civil law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc.
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Full Summary
In South Africa a traditional signature isn’t necessarily required for a valid contract – contracts are considered valid if legally able individuals reach an agreement (this can be by agreeing verbally, electronically or by physically signing). Section 13(2) of The Electronic Communications and Transactions Act (ECTA) highlights that contracts can’t be refused for simply being electronic. However these contracts may have to be supported in court with extra evidence. Electronic signature solutions can be used to provide these electronic documents, under section 15 of ECTA.