Are electronic signatures legal in South Africa?

What ECTA says

The Electronic Communications and Transactions Act 25 of 2002 (ECTA) took effect on August 30, 2002. Information isn't without legal force merely because it's in a data message (s. 11), and a data message meets a requirement for writing if it's accessible for later reference (s. 12). Section 13 sets the signature rules:

• Required by law (s. 13(1)). Where a law requires a person's signature and doesn't specify the type, only an advanced electronic signature meets the requirement.
• Required by the parties (s. 13(3)). Where the parties require a signature but don't specify the type, any method that identifies the person, shows their approval and is reliable and appropriate for the purpose will do.
• Legal force (s. 13(2)). An electronic signature isn't without legal force and effect merely because it's electronic.
• Presumption (s. 13(4)). An advanced electronic signature is regarded as valid and properly applied unless the contrary is proved.

An advanced electronic signature is one that results from a process accredited by the Accreditation Authority (ss. 1 and 37), the Director-General of the national communications department. Accreditation is voluntary (s. 35).

The Wilberry case

In Spring Forest Trading v Wilberry ([2014] ZASCA 178), the Supreme Court of Appeal held that the parties' typed names at the foot of their emails were valid signatures for a contract clause requiring variations and cancellations to be in writing and signed. Because the signature requirement came from the contract, not a statute, section 13(3) applied, and the names identified the parties and showed their approval.

What ECTA excludes

Schedules 1 and 2 keep these outside the Act's writing and signature rules (s. 4(3)–(4)):

• Agreements for the sale or other alienation of immovable property, under the Alienation of Land Act.
• Long-term leases of immovable property for more than 20 years.
• Executing, keeping and presenting a will or codicil, under the Wills Act.
• Executing a bill of exchange.

Where a law requires a document to be notarized, acknowledged, verified or made under oath, the authorized person's advanced electronic signature meets the requirement (s. 18). Deeds registration is also going electronic: the Electronic Deeds Registration Systems Act 19 of 2019 is now in operation.

Where SignMaster fits in South Africa

SignMaster provides electronic signatures with an audit trail, not an accredited advanced electronic signature. That fits the section 13(3) world, where the signature requirement comes from your own contract: service agreements, quotes, purchase orders, supplier terms and NDAs. Where a statute itself demands a signature, check whether section 13(1) applies first. Each completed PDF ends with a certificate of completion recording each signer's email, IP address, consent and timestamps, plus a SHA-256 fingerprint of each file.