Videosign has welcomed moves to allow commissioning of virtual affidavits in South Africa.
Minister of Justice and Constitutional Development Mmamaloko Kubayi recently approved draft regulations that would permit electronic commissioning through live audiovisual technology. The new rules are expected to come into force in December.
Neil Summers, Videosign’s lead in South Africa, said: “This is a huge step in the right direction, potentially confirming the right to use secure technology solutions to commission affidavits, and bringing the convenience and efficiency of this process to anyone engaging in legal proceedings.
“It’s a very exciting proposal. Current South African regulations date back many years and do not reflect contemporary technology or working practices.”
Videosign was recently used to commission two remotely signed affidavits which were accepted in the South African High Court.
Mr Summers said: “While the use of Advanced Electronic Signatures (AES) is already legally recognised, the specific practice of virtual commissioning has not yet been sanctioned by legislation.
“However, on two recent occasions, affidavits executed using Videosign were presented to the High Court, and they weren’t in any way queried or denied.
“It indicates that the courts themselves recognise the validity of digitally signed documents and are prepared to exercise their discretion to accept them in the interest of justice.”
Johannesburg attorney Jennifer Scholtz used Videosign while representing two clients in family law cases.
She said: “I have recently supported two clients with urgent applications to the High Court in Johannesburg. In both cases the clients were overseas - one in Australia and one in Vietnam - and we were able to use Videosign to commission affidavits remotely.
“The alternative would have been for both clients to visit a South African embassy or high commission and spend significant sums of money to get affidavits executed in person.
“The ability to sign remotely not only reduced the costs for the clients, but also saved two weeks or more of delays in each case. That time saving helped to ensure that our clients’ cases were heard quickly and that they got efficient access to justice.”
Jennifer praised the ability of electronic signatures to improve the efficiency of legal processes.
She said: “This regulation change will mean anyone involved in legal processes will have the option to sit in their comfortable chair at home to depose to an affidavit, rather than having to travel to a lawyer’s office or police station.”
Based in the UK, Videosign enables organisations to meet, verify identity, create, sign and witness documents remotely, alongside security measures such as identity verification and video evidence recording.
Chief Executive Steven Tallant said: “These recent examples of Videosign being used to execute affidavits show how remote commissioning can improve the efficiency of legal processes and remove barriers to accessing justice through South Africa’s courts.
“It’s very positive that SA is preparing to amend its regulations to reflect technological improvements and the needs of court users.”