In short. Electronic signatures are legally recognised in South Africa under the ECT Act. EasySign produces a standard electronic signature with a full audit trail — valid for the large majority of business documents, but not for a handful of document types the law excludes.
1. The law
The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") governs electronic signatures in South Africa. Three points matter most:
- Section 13(2) — an electronic signature is not without legal force and effect merely because it is in electronic form.
- Section 13(3) — where the parties to a transaction require an electronic signature and have not agreed on the type, the requirement is met by a method that identifies the person and shows their approval, and that was as reliable as was appropriate for the purpose.
- Section 15 — information in electronic form is admissible as evidence, and its evidential weight depends on the reliability of how it was generated, stored and communicated, and how the originator is identified.
In other words: between the parties to an agreement, a signature is not stronger because it is on paper. It is stronger because you can show who signed, when, and that the document has not changed since. Where a law itself requires a signature, section 4 applies.
2. What EasySign produces
EasySign creates a standard (ordinary) electronic signature, supported by:
- a unique, random signing link sent to the recipient's email address;
- a recorded consent to sign electronically, shown before signing;
- an audit trail of when the document was sent, opened and signed, with IP address and device information, and optional approximate location where the signer allows it;
- a SHA-256 hash of both the original and the final sealed document, printed on a certificate of completion attached to the signed PDF; and
- a sealed PDF, so that any later alteration is detectable.
3. Where an ordinary electronic signature may not be used
The ECT Act excludes certain documents. Do not use EasySign — or any ordinary electronic signature — for:
- Wills and codicils (Wills Act, 1953);
- The alienation of immovable property — agreements for the sale of land (Alienation of Land Act, 1981);
- Long-term leases of immovable property exceeding 20 years;
- Bills of exchange, such as cheques.
Certain other instruments require an advanced electronic signature by law — a suretyship signed under the relevant provisions and some documents requiring signature before a commissioner of oaths are common examples. If a document is high-value, contested, or you are unsure, take legal advice before signing it electronically.
4. Advanced electronic signatures (AES)
An advanced electronic signature is one that has been accredited by the South African Accreditation Authority and issued by an accredited certification service provider. It carries a statutory presumption of validity under section 13(4).
EasySign does not currently issue advanced electronic signatures. Where a statute requires a signature and does not say what kind, ECTA s13(1) is satisfied only by an advanced electronic signature, and under s37 that means one issued by a provider accredited by the South African Accreditation Authority. Treat every signature made through EasySign as a standard electronic signature. If a document you need to sign requires an AES, you will need an accredited provider — we can point you at one.
5. Getting the most out of an electronic signature
- Send to a business email address the signer controls, not a shared mailbox.
- Do not forward someone else's signing link — each link identifies one signer.
- Keep the completed PDF with its certificate page; that is where the evidence lives.
- Where the transaction is significant, consider adding identity verification and, when available, an advanced electronic signature.
6. Not legal advice
This page explains how EasySign works and summarises the legislation in general terms. It is not legal advice and does not create an attorney-client relationship. For advice on a specific document or transaction, consult an attorney admitted in South Africa.
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