As we become immersed in the digital age, so electronic communication in various forms has become a way of life.
However, despite the speed of technological change and the extent to which we use technology, certain restrictions do present themselves.
A case in point is the signature of certain types of legal documents. While the average agreement or document may be signed electronically, section 4(4) of the Electronic Communications and Transactions Act, 2002 specifically provides that the Act does not apply to the signature of:
- Agreements for the disposal of land. Section 2(1) of the Alienation of Land Act, 1981 stipulates that any agreement for the disposal of land in any way must be in writing for it to be valid.
- Wills as defined in the Wills Act, 1953.
- Bills of exchange, a good example of which would be a cheque although no longer used.
- A long-term lease of immovable property in excess of 20 years.
This means the above documents cannot be signed electronically.
To be valid these documents/agreements must be signed in what is known as “wet ink” i.e. ballpoint or fountain pen or similar.
Failure to adhere to the wet ink requirement would render the document or agreement in question void i.e., a legal nullity.