The Legal Recognition of Electronic Signatures in South Africa: A Critical Overview

Srivastava, Aashish; Koekemoer, Michel Marlize

doi:10.3366/ajicl.2013.0071

Cited by 2 publications

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“…72 Moreover, the reliability test might be use by one of the parties in a way to avoid the agreement. As explained by John D. Gregory, 73 the relying party might know the person who signed the document, although he might try to avoid his liabilities by arguing that the method of the e-signature was unreliable enough for the transaction, in order to invalidate the signature and the whole transaction.…”

Section: Discussion and Recommendationsmentioning

confidence: 99%

Challenges of authentication and certification of e-awards in Dubai and before the Dubai International Financial Centre courts: the electronic signature

Qouteshat¹

2016

DEESLR

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Section: Discussion and Recommendationsmentioning

confidence: 99%

Challenges of authentication and certification of e-awards in Dubai and before the Dubai International Financial Centre courts: the electronic signature

Qouteshat¹

2016

DEESLR

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“…Furthermore, such language also gives an opportunity to a party to escape its obligations by denying that the method of signature was not reliable and appropriate in the circumstances. Where a dispute is referred to the court, the court may invalidate the entire transaction on the ground that the electronic signature was not appropriately reliable (Mason, 2007; Srivastava and Koekemoer, 2013).…”

Section: Electronic Signature Provisions In the Ectamentioning

confidence: 99%

“… 3. Electronic Communications and Transactions Act 2002 (SA), available at http://www.internet.org.za/ect_act.html (accessed 16 March 2016). For an overview of the ECTA, see Srivastava and Koekemoer (2013) and Coetzee (2004). …”

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Electronic signatures in online transactions

Srivastava

2016

Common Law World Review

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There are several laws and some notable judicial decisions across the globe to regulate electronic signatures. These judicial decisions when interpreting legislation are not consistent with each other. They leave much to be desired. There are still problems with the validity of an electronic signature. In this paper the author mainly focuses on the South African model. The major legislation regulating the use of electronic signatures in South Africa is the Electronic Communications and Transactions Act 25 of 2002. It has recently been interpreted in the case of Spring Forest Trading v Wilberry by the High Court of KwaZulu-Natal (KZN) and the highest court of South Africa, the Supreme Court of Appeal (SCA). However, there is a wide difference in the approaches of the High Court of KZN and the SCA. Even in other jurisdictions judicial decisions have not helped towards clarifying the law; rather one has to wade through conflicting approaches of judges to understand where the law is going. The paper concludes with a few recommendations, which if adopted may help clarify the legal position of electronic signatures in South Africa and worldwide.

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The Legal Recognition of Electronic Signatures in South Africa: A Critical Overview

Cited by 2 publications

References 0 publications

Challenges of authentication and certification of e-awards in Dubai and before the Dubai International Financial Centre courts: the electronic signature

Challenges of authentication and certification of e-awards in Dubai and before the Dubai International Financial Centre courts: the electronic signature

Electronic signatures in online transactions

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