Is an electronic signature legal in South Africa?

Two routes under section 13

Where a law requires a signature and does not specify the type, section 13(1) says the requirement is met only by an advanced electronic signature: one resulting from a process accredited under section 37.

Where the parties themselves require an electronic signature and have not agreed a type, section 13(3) is satisfied by a method that identifies the person and indicates their approval, and is as reliable as appropriate in the circumstances. That covers most commercial contracts.

Presumptions and evidence

An advanced electronic signature is regarded as valid and properly applied unless the contrary is proved (section 13(4)). Under section 13(5), where no signature is required, an expression of intent is not without effect just because it is in a data message or evidenced by means other than an electronic signature.

Excluded transactions

Schedule 2 (section 4(4)) excludes: agreements for the alienation of immovable property and long-term leases of more than 20 years under the Alienation of Land Act 1981; the execution, retention and presentation of a will or codicil under the Wills Act 1953; and the execution of a bill of exchange under the Bills of Exchange Act 1964.

Practical tips for South African businesses

Use simple electronic signatures for contracts where no statute requires a signature, such as most NDAs, service agreements and sales contracts, and use an advanced electronic signature where a statute requires one.

eSignSimple provides simple electronic signatures with an audit trail that records timestamps, IP addresses and a document hash. It does not issue qualified, advanced or certificate-based signatures, so where a law requires one of those you will need a licensed or accredited provider.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.