On 18 March 2020 the Supreme Court of Appeal found that funds were improperly transferred by a financial services provider (FSP) when it received fraudulent instructions from a hacker posing as its client because there was no signature on the instruction as required by the mandate. The FSP therefore acted without receiving proper instructions and
A signature communicated through an electronic medium like email correspondence is not a binding signature unless agreed to by the parties. In the absence of such agreement, a signature will only be valid if it appears in manuscript form regardless of the medium of communication. When entering into contracts, explicit provision must be made regarding
The Type Approval Regulations 2013 were promulgated in terms of section 35(1) of the Electronic Communications Act 2005 (ECA). The regulation requires that any type of electronic communications equipment or facility that is used, or will be used, in connection with the provision of electronic communications (Equipment) must be approved by the Independent Communications Authority