What ECTA actually says about electronic signatures

South Africa’s Electronic Communications and Transactions Act came into force in 2002. It is short, readable, and says less than most vendors imply.

Section 13 in plain terms

An electronic signature is not without legal force merely because it is electronic. Where a statute requires a signature but does not name a type, an ordinary electronic signature suffices if it identifies the person and shows their approval of the information.

Where parties agree between themselves how to sign, that method is valid between them. Most commercial paperwork lives here.

What the Act excludes

A short list, and worth knowing: wills, the alienation of land, and leases of immovable property for twenty years or more.

What a platform can promise

It can tell you where your data is, show you the seal, and hand you the audit trail. Whether a particular document is enforceable is a question for an attorney, on any platform sold in this country.