Electronic signatures are legally binding in South Africa. However, the law does not provide for a specific type of electronic signature. This means that any electronic signature that can be identified as emanating from the signatory and which appears to be intended to be a signature is considered an acceptable form of electronic signature.
The Electronic Communications and Transactions Act (ECT Act) defines an ‘electronic signature’ as any form of identification that can be used for signing electronically, including a name, identification number, image, or voice which is recorded electronically with or without some other indication as to its originator’s identity.
Do I need to sign a document in South Africa?
The answer to this question is that in South Africa, a person must sign a document if they are 18 years or older. If they are younger than 18, then their parent or guardian must sign the document on their behalf. If the document is being submitted in court, then it must be signed by the person who is submitting it and two witnesses.
