Use Cases that are not appropriate for Electronic Signatures
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.
When a signature is required by law, but the law does not specify the type of signature required, it can only be signed with an advanced electronic signature as defined by ECTA, which is, in practice, equivalent to a QES is Europe. South Africa’s advanced electronic signature is required for:
- Handwritten – contracts for transfer or sale of immovable property, including sectional titles and mortgage bonds (excluded from ECTA)
- Handwritten – deeds and long term leases for a period of more than 20 years, (excluded from ECTA)
- Handwritten – wills and codicils (excluded from ECTA)
- Handwritten – bills of exchange (e.g., cheques) (excluded from ECTA)
- Handwritten – license of intellectual property, IP transfers and employee invention agreements (Patents Act, 1978, the Design Act, 1993, the Trade Marks Act, 1993 and the Copyright Act 1978)
List of Local Trust Service Providers
||Regulatory Body/CA/DSC Providers
||Supported by emSigner
|South African Accreditation Authority
||Controller of Certification Authorities
|Law Trust Party Services (Pty) Ltd (“Lawtrust”)
|South African Post Office Ltd (“SapoTrust Centre”)
“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made
 An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.
 A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.