Signing

Are electronic signatures legally valid in South Africa?

Generally, yes. The Electronic Communications and Transactions Act gives an ordinary electronic signature legal effect. Its Schedule 2 excludes sales of immovable property, leases of land over 20 years, wills and bills of exchange, which are signed in ink.

Where a law requires a signature without saying which kind, the Act asks for an advanced electronic signature, which DocFilla does not provide. For most everyday agreements, leases, mandates, FICA forms, employment contracts and application forms, an ordinary signature drawn on the screen is accepted.

Institutions can set their own rules on top of the law. A bank may still ask for a wet signature on a suretyship; a consulate may want ink on a visa form. Check with the institution when it matters.

This is general information, not legal advice.

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