Document by document
Twenty documents in five groups, from the everyday to the ones a notary handles. Each row gives the answer, the reason in one line, the law behind it and what KuduDoc does with it.
Sign it electronically
An ordinary electronic signature is recognised under the ECT Act for ordinary documents. Whether a contract binds depends on more than how it was signed.
| Document | Why | What KuduDoc does |
|---|---|---|
| Employment contractE-sign | Neither Schedule of the ECT Act reaches an ordinary contract of employment.ECT Act s13(2); not listed in Schedule 1 or 2 | Sign it; the file is sealed when the last signature lands. Keep it in the employee’s file. On Professional and Business, start from a reviewed template. |
| Offer letter or letter of appointmentE-sign | An ordinary document, like the contract it leads to.ECT Act s13(2) | Sign and seal it. |
| Residential or commercial lease for an ordinary term, a renewal or an addendumFor example 12 or 24 monthsE-sign | Only leases of land over 20 years are in Schedule 2. For 10 years or more, see leases that must bind a later owner.Rental Housing Act 50 of 1999 s5(1): a residential lease need not be in writing · Formalities in respect of Leases of Land Act 18 of 1969 s1(1) · ECT Act s13(2) | Landlord, tenant and agent sign the same lease. The signing record shows who each invitation went to and what each person did, and the sealed file lets either side check a copy later. Keep it with the deposit receipt and the inspection. On Professional and Business, start from a reviewed template. |
| Written notice under a leaseFor example one month’s notice to end a month-to-month leaseE-sign | A law that asks for writing is met by a data message that stays accessible.Rental Housing Act s5(5): one month’s written notice · ECT Act s12 | Send it and keep it with the lease. |
| Non-disclosure (confidentiality) agreementE-sign | An ordinary contract.ECT Act s13(2); not in either Schedule | Upload your NDA, sign and seal it. |
| School consent form or indemnityE-sign | An ordinary document. The school may still set its own requirements.ECT Act s13(2), s4(2) | Sign it from your phone and keep it with the school’s other letters. |
| Cash sale of a car or other movable goodsNot an instalment sale or other credit agreementE-sign | Movable goods are not land.ECT Act s13(2). Schedule 2 item 1 and the Alienation of Land Act cover land only | Sign and seal it; keep it with the registration papers. |
| Service agreement, quote or proposal acceptanceE-sign | An ordinary contract.ECT Act s13(2) | Sign and seal it. |
| Ingoing or outgoing inspection listE-sign | The Act asks for a joint inspection and a record of defects, not a particular kind of signature.Rental Housing Act s5(3)(e)–(f): joint inspections · s5(7): the defects list annexed to the lease · ECT Act s13(2) | Photograph the rooms into one PDF, both sign, and seal the move-in inspection on the day. |
Sign it in ink
Four of these are the Schedule 2 transactions. For the other two, Schedule 1 switches off the ECT Act’s writing and signature sections.
| Document | Why | What KuduDoc does |
|---|---|---|
| Will, codicil or other testamentary writingInk | Signed at the end and on each earlier page, with two competent witnesses present at the same time. The ECT Act gives no validity to its execution, retention or presentation.ECT Act s4(4) with Schedule 2 item 3; s4(3) with Schedule 1 item 1; Wills Act 7 of 1953 s2(1)(a) | Won’t send one it recognises as a will: sign it in ink. Prepare a will to print and sign in ink. Keep the paper original safe (where to keep the original); a sealed scan is a reference copy. |
| Sale or other alienation of landAn offer to purchase or deed of sale for a house, flat or plotInk | It must be in writing and signed by the parties or their agents acting on written authority, and the ECT Act’s writing and signature sections do not apply to that Act.ECT Act Schedule 2 item 1; Schedule 1 item 2; Alienation of Land Act 68 of 1981 s2(1) | Won’t send one it recognises as a sale of land: sign on paper; seal the scan and keep it with the transfer papers. |
| Written authority for an agent to sign a land sale for youInk | The same Act requires the authority in writing, and the ECT signature sections do not apply to it.Alienation of Land Act s2(1): “agents acting on their written authority” · ECT Act Schedule 1 item 2 | Sign it in ink; keep a sealed scan with the sale papers. |
| Lease of land for more than 20 yearsBefore a notary if it is to be registeredInkNotary | The ECT Act gives no validity to it, and registration needs notarial attestation.ECT Act Schedule 2 item 2; Deeds Registries Act 47 of 1937 s77(1) | Won’t send one it recognises as a lease of land over 20 years: sign in ink; seal a scan of the registered lease. |
| Bill of exchange or chequeInk | Excluded by Schedule 2, and the ECT signature sections do not apply to the Bills of Exchange Act. A cheque is a bill drawn on a banker, payable on demand.ECT Act Schedule 2 item 4; Schedule 1 item 3; Bills of Exchange Act 34 of 1964 s2(1), s1 | Won’t send one it recognises as a bill of exchange or cheque: sign in ink; you can still seal the scan. |
| Promissory noteInk | A promissory note exists only under the Bills of Exchange Act, and the ECT Act’s writing and signature sections do not apply to that Act, so no electronic signature has an ECT route.Bills of Exchange Act s87(1); ECT Act s4(3) with Schedule 1 item 3 | Flags it before you send: sign it in ink. |
Needs an advanced electronic signature
Where a law requires a signature without saying which kind, only an advanced electronic signature meets it electronically (ECT Act s13(1)). KuduDoc does not offer one.
| Document | Why | What KuduDoc does |
|---|---|---|
| SuretyshipA deed of suretyship or a suretyship clauseAdvanced signatureInk | A law requires the surety’s signature without saying which kind, so electronically only an advanced electronic signature meets it.General Law Amendment Act 50 of 1956 s6; ECT Act s13(1) | Warns you before you send. Sign the suretyship in ink, or use an accredited provider from the Accreditation Authority’s list. You can still seal the scan. |
Sign in front of a commissioner of oaths
| Document | Why | What KuduDoc does |
|---|---|---|
| Affidavit or sworn statementIncluding a B-BBEE sworn affidavitCommissioner of oaths | The deponent signs in the commissioner’s presence; an advanced electronic signature does not change that.Regulations Governing the Administering of an Oath or Affirmation, 1972, reg 3(1) | Flags it before you send. Fill the B-BBEE affidavit, then swear it in person, and see where to find a commissioner of oaths. Keep the commissioned affidavit as a sealed scan and watch its 12-month date: a B-BBEE sworn affidavit is valid for 12 months from the date the commissioner signed. |
Signed before a notary and registered
| Document | Why | What KuduDoc does |
|---|---|---|
| Antenuptial contractNotary | Attested by a notary and registered at a deeds office. Unregistered, it has no force against anyone who is not a party.Deeds Registries Act 47 of 1937 s86, s87(1) | Points you to a notary before you send. Keep a sealed scan of the registered contract as a reference. |
| Other notarial deedsFor example a notarial bondNotary | The notary’s attestation and deeds-office registration are the requirement, so the type of signature does not change it.Deeds Registries Act 47 of 1937 | Points you to a notary before you send. Seal a scan of the executed deed. |
| Lease of land for 10 years or more (up to 20) that must bind a later ownerE-sign between the parties; a notary and registration to bind a later ownerE-signNotary | Unregistered, a lease of 10 years or more does not bind a creditor or later owner of the landlord beyond ten years, unless they knew of it.Formalities in respect of Leases of Land Act 18 of 1969 s1(2); Deeds Registries Act s77(1) | Flags leases of 10 years or more. Seal a scan of the registered lease. |
Why are some documents different?
Here is what the ECT Act says about electronic signatures in one line each:
- Schedule 2 (s4(4)). The ECT Act gives no validity to four transactions: a sale of land, a lease of land over 20 years, a will, and a bill of exchange.
- Schedule 1 (s4(3)). The Act’s writing and signature sections are switched off for the Alienation of Land Act and the Bills of Exchange Act, and more widely for the Wills Act.
- Section 13(1). Where a law requires a signature without saying which kind, only an advanced electronic signature meets it.
- Formalities outside the Act. A notary and the deeds office, or a commissioner of oaths. A stronger signature does not replace them.
“This Act must not be construed as giving validity to any transaction mentioned in Schedule 2.”
Can the other side still ask for ink?
Yes. Under s4(2) of the ECT Act, nobody has to use or accept electronic documents or signatures, and anyone may set their own requirements for accepting them.
A school, a bank or a tender office may ask for ink. Check before you sign.
What does KuduDoc do with these documents?
KuduDoc signatures are ordinary electronic signatures under the ECT Act. Send an ordinary document for signature and the completed file is sealed. Each person signs from their own link, with a free KuduDoc account.
KuduDoc checks each document before it is sent and won’t send one it recognises as a will, a sale or other alienation of land, a lease of land over 20 years, or a bill of exchange or cheque — sign those in ink; you can still seal the scan. It points antenuptial contracts and other notarial deeds to a notary, and warns you, naming the law, when the wording suggests another document needs more than an ordinary electronic signature.
Signing a PDF on your own? The free PDF signer runs the same check.
Before sending Document check
This looks like a sale of land. The ECT Act gives no validity to one signed electronically (Schedule 2), so KuduDoc won’t send it for e-signing.
Sign it on paper, then seal the scan and keep it with the transfer papers.
Before sending Document check
This looks like an affidavit. The person making it signs in the commissioner’s presence (oath regulations, reg 3(1)).
Print it and swear it in person. Then keep the commissioned copy here, sealed: it is valid for 12 months from the commissioner’s date.
For a document that stays on paper, sign in ink and seal a scan of the signed paper as a reference copy. A sealed scan does not replace a paper original where one is required.
Handling these for clients? KuduDoc keeps records for attorneys and accountants the same way: each document with its signing record, its seal and its dates.
Questions people ask
Can a lease be signed electronically in South Africa?
Yes, for an ordinary residential or commercial lease. A lease of land for more than 20 years is one of the four Schedule 2 transactions the ECT Act gives no validity to, so it is signed in ink. To bind a later owner beyond ten years, a lease of 10 years or more is notarially executed and registered against the title deed (Formalities in respect of Leases of Land Act 18 of 1969, s1(2); Deeds Registries Act 47 of 1937, s77(1)).
Can a will be signed electronically in South Africa?
No. A will is signed in ink, at the end and on each earlier page, with two witnesses present at the same time (Wills Act 7 of 1953, s2(1)(a)). The ECT Act gives no validity to the execution, retention or presentation of a will (Schedule 2). Keep the paper original safe; a sealed scan is a reference copy.
Can a suretyship be signed electronically?
Only with an advanced electronic signature. A suretyship must be in writing and signed by or for the surety (General Law Amendment Act 50 of 1956, s6), and where a law requires a signature without saying which kind, the ECT Act asks for an advanced one (s13(1)). KuduDoc does not offer advanced electronic signatures, so sign the suretyship in ink.
Can an affidavit be signed electronically?
Sign it in front of a commissioner of oaths. The regulations say the person making the declaration signs it in the commissioner’s presence (Regulations Governing the Administering of an Oath or Affirmation, 1972, reg 3(1)), and an advanced electronic signature does not change that. A B-BBEE sworn affidavit is one of these.
Can an offer to purchase a house be signed electronically?
Sign it on paper. An offer to purchase or deed of sale for land must be in writing and signed by the parties or their agents acting on written authority (Alienation of Land Act 68 of 1981, s2(1)). The ECT Act’s writing and signature sections do not apply to that Act (Schedule 1), and Schedule 2 excludes the agreement.
What if the other side wants a wet-ink signature?
Then sign in ink. The ECT Act does not force anyone to use or accept electronic documents or signatures, and anyone may set their own requirements for accepting them (s4(2)). A school, a bank or a tender office may ask for ink, so check before you sign.
Does a sealed scan replace the paper original?
No. A sealed scan does not replace a paper original where one is required. Sealing gives that digital file a record that anyone can check it against later; keep the paper original where you can find it.
Does KuduDoc tell me if a document needs ink?
Yes, for the documents it recognises. KuduDoc checks each document before it is sent and won’t send one it recognises as a will, a sale or other alienation of land, a lease of land over 20 years, or a bill of exchange or cheque — sign those in ink; you can still seal the scan. It points antenuptial contracts and other notarial deeds to a notary, and warns you, naming the law, when the wording suggests another document needs more than an ordinary electronic signature. It matches wording, not meaning, so it can miss things or flag them wrongly. If you are unsure, get professional advice.
Sources
- Electronic Communications and Transactions Act 25 of 2002gov.zaSection 4(2)–(4), Schedules 1 and 2, s12 and s13(1)–(2).
- Wills Act 7 of 1953justice.gov.zaSection 2(1)(a): signed at the end and on each earlier page, with two witnesses present at the same time.
- Administration of Estates Act 66 of 1965justice.gov.zaSection 8(1): the original will goes to the Master.
- Alienation of Land Act 68 of 1981gov.zaSection 2(1): a deed of alienation signed by the parties or their agents on written authority.
- Bills of Exchange Act 34 of 1964gov.zaSections 1, 2(1) and 87(1): bills of exchange, cheques and promissory notes.
- General Law Amendment Act 50 of 1956justice.gov.zaSection 6: a suretyship is in writing, signed by or for the surety.
- Formalities in respect of Leases of Land Act 18 of 1969justice.gov.zaSection 1(1)–(2): unwritten leases, and leases of 10 years or more.
- Deeds Registries Act 47 of 1937deeds.gov.zaSections 77(1), 86 and 87(1): notarial leases and antenuptial contracts.
- Regulations Governing the Administering of an Oath or Affirmation, 1972justice.gov.zaRegulation 3(1): the deponent signs in the commissioner’s presence.
- Rental Housing Act 50 of 1999gov.zaSection 5(1), 5(3)(e)–(f), 5(5) and 5(7): leases, joint inspections and written notice.
- CIPC EME sworn affidavit templatecipc.co.zaValid for 12 months from the date the commissioner signed.
- Accredited authentication product and service providerssaaa.gov.zaThe South African Accreditation Authority’s current list.
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