Original Research

Barriers to electronic signature adoption in South African conveyancing

Luke Abrahams, Anthea P. Amadi-Echendu, Nonceba Ntoyanto-Tyatyantsi

Received: 27 Nov. 2025; Accepted: 23 Apr. 2026; Published: 14 July 2026

Copyright: © 2026. The Authors. Licensee: AOSIS.
This work is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/).

Abstract

Background: The conveyancing industry in South Africa has lagged in adopting digital processes because of interconnected social, technical and regulatory constraints. This has increased the risk of identity fraud and data manipulation in property transactions. Although electronic signatures are secure and legally compliant, adoption remains limited, highlighting the need for digital transformation.

Objectives: This study investigated barriers to adopting electronic signature technology in South African conveyancing through a socio-technical systems (STS) lens, examining how technical, social and environmental subsystems interact to affect adoption.

Method: A qualitative design was employed. Twelve semi-structured interviews were conducted with representatives from three major conveyancing organisations in South Africa, complemented by document analysis of six compliance texts. Data were analysed using directed content analysis guided by STS theory.

Results: Four barriers emerged: high implementation costs (technical subsystem), limited digital literacy and trust deficits (social subsystem), and restrictive legislative frameworks (environmental subsystem). Interpreted through STS theory, these barriers are interconnected, creating a socio-technical adoption deadlock in which no single intervention is sufficient to drive adoption.

Conclusion: Electronic signatures can streamline conveyancing, reduce fraud and promote compliance, but effective adoption requires regulatory reform, affordable technology and improved user confidence.

Contribution: This study contributes by applying STS theory to electronic signature adoption in South African conveyancing and introducing the concept of a socio-technical adoption deadlock to explain persistent barriers. It provides insights for policymakers, practitioners and technologists seeking to modernise property transaction systems.

Keywords: electronic signatures; conveyancing; South Africa; socio-technical systems; adoption barriers.

Introduction

As South Africa moves towards digital transformation, electronic signature technology, particularly advanced electronic signatures (AESs), has emerged as a critical component in transitioning traditional processes to the digital sphere (Singh 2024). This is especially true in conveyancing, where secure, authenticated transactions are essential for legal validity and client protection. However, despite the evident benefits of this technology, its integration into the conveyancing industry faces several challenges. While the Electronic Communications and Transactions Act 25 of 2002 (ECTA) provides a legal framework for the recognition of electronic signatures, practical implementation within conveyancing remains limited and complex.

Authentication and fraud detection are crucial for ensuring data security and the reliability of digital transactions, playing a pivotal role in supporting Industry 4.0 advancement (Schwab 2016). In conveyancing, securing digital transactions is particularly critical given the heightened risk of fraud and identity theft.

Effective systems must ensure that data are protected and only modified with the consent of authorised individuals. Consent referring to the lawful mechanisms for obtaining permission to use, update and store personal data (Khalid, Ahmed & Kim 2023). As the digital landscape evolves, robust measures are required to prevent data manipulation, which can leave consumers and organisations vulnerable to cyber-attacks and identity fraud.

These vulnerabilities increase the risk of cyber-attacks, identity theft and signature fraud, highlighting the importance of implementing robust security protocols (Tajpour & Zamani 2020; Piquero et al. 2021). Electronic signatures play a pivotal role in facilitating secure electronic commerce, encompassing the sale, purchase and exchange of goods and services (Freijat 2023; Zubov 2020). Secure mechanisms must also ensure that sensitive information transmitted online remains unaltered, maintaining confidentiality, authentication and integrity (Hersey 2019).

Technology is rapidly transforming industries (Gaglio, Kraemer-Mbula & Lorenz 2022), with digitalisation gradually replacing wet-ink signatures and promoting electronic alternatives. However, as online transactions expand, concerns over data protection, digital identity security and signature fraud remain prevalent. Although international scholarship highlights the advantages of advanced and digital signatures for securing transactions, limited empirical research has examined their adoption in South Africa’s conveyancing sector.

The existing gap lies in the limited empirical research examining how interconnected social, technical and regulatory barriers to electronic signature adoption operate systemically within South Africa’s conveyancing sector. This study addresses that gap by exploring the challenges, enablers and implications of adopting electronic signatures in a legally sensitive industry. Socio-technical systems (STS) theory is used not only as a lens for analysis, but as a structuring logic for the research design, data collection and interpretation.

Conceptual framework

This research is informed by STS theory, originally developed by Trist and Bamforth (1951) and later elaborated by Cherns (1976). Socio-technical systems theory holds that effective organisational functioning depends on the alignment and joint optimisation of three interactive subsystems: the technical subsystem (technologies, tools and processes); the social subsystem (people, skills, norms and culture); and the environmental subsystem (regulatory frameworks, organisational structures and external pressures).

Central to the STS theory is the principle that optimising one subsystem in isolation will not achieve systemic change, and that sustainable technology adoption requires coordinated intervention across all three subsystems. Applying this framework allows the study to examine electronic signatures adoption in South African conveyancing as a multi-dimensional systems phenomenon, rather than purely a technical or legal issue. The STS subsystems are understood as dynamic and mutually reinforcing: any change in one subsystem affects the others. This study, therefore, analyses how legal regulations, organisational practices and technological features jointly shape adoption. Cost and infrastructure barriers are situated within the technical subsystem; skills awareness and trust are barriers situated within the social subsystem; and legislative constraints within the environmental subsystem.

This study argues that these subsystems are mutually reinforcing, producing what this study terms a socio-technical adoption deadlock, a condition in which no single-subsystem intervention is sufficient to drive adoption. Prior studies have examined individual barriers such as cost (Haikal & Mahmudah 2024), trust (Kshetri 2016) and legal validity (Borky & Bradley 2020), without accounting for their structural interconnection through the STS lens.

Aim and objectives

This article aims to investigate the barriers to the adoption of electronic signature technologies within South African conveyancing, and to examine how the interaction between the technical, social and regulatory systems influences adoption, drawing on STS theory. Specifically, this study seeks to identify the factors that enable, constraint or impede the implementation, and to explore electronic signatures as a secure alternative to handwritten signatures in conveyancing.

The study is guided by two research questions: (1) What are the key barriers to the adoption of electronic signature technology in the South African conveyancing industry? (2) How can electronic signature technology be effectively implemented to enhance security and efficiency in conveyancing transactions?

The article is structured as follows: it introduces the study, presents the conceptual framework, aim and objectives. It then outlines the legal framework governing electronic signatures in South Africa and establishes the research gap. The methodology is described, followed by the results, drawn from the document analysis and interviews, which are organised around four themes. These findings are discussed through an STS lens, culminating in the socio-technical adoption argument. This study concludes with the recommendations and conclusions.

Electronic signatures: Technology and legal framework

The legal framework governing electronic signatures in South Africa is established by the Electronic Communications and Transactions (ECT) Act, 2002 (Act No. 25 of 2002), which recognises three categories of electronic signatures, each defined by different levels of legal weight and security requirements (Christianson 2012; Davis 2021; Smit 2012). These categories dictate how electronic signatures are used and recognised legally, and the level of embedded security features within the different types of electronic signatures. An AES is uniquely linked to the signatory and issued under the oversight of an accredited certification authority in South Africa, the South African Accreditation Authority, providing a higher level of legal recognition (Chigaga n.d.; Christianson 2012). An advanced electronic signature is specifically required for high-stakes transactions such as property transfers, where legal compliance and secure authentication are critical.

Digital signatures are a cryptographic subset of AES that uses public key infrastructure (PKI) and hashing algorithms to ensure document integrity and authenticity (Dzhangarov & Suleymanova 2020). The private key is unique to the signatory, and any post signature alterations to the documents produce a new hash value, immediately flagging tampering and changes to the signed document (Heyink 2014; Nieles, Dempsey & Pillitteri 2017). Advanced electronic signature and digital signatures are relevant to the study as they are the only relevant technologies with the sufficient security required for legally binding conveyancing transactions.

While the literature has established the security advantages of AES and digital signatures over the wet-ink signatures (Cavus & Sancar 2023; Mason 2016), and has identified individual barriers to adoption, including cost (Haikal & Mahmudah 2024), trust deficits (Kshetri 2016) and legal uncertainty (Borky & Bradley 2020), significant gaps remain. Although South Africa’s legislative tension between ECTA and the Deeds Registries Act has been noted in the literature (Mokofe 2023; Singh 2024), the systemic effects of this tension on adoption have not been empirically investigated, and the structural interdependencies between barriers remain theoretically unexamined, this study addresses both gaps.

Figure 1 illustrates the cryptographic signing and verification process underpinning the digital signatures. It displays the signatory signing a document and going through the security cryptographic processes (Chandrashekhara et al. 2021). This process is directly relevant to the cost and skills barriers identified in this study: the technical complexity visible in Figure 1 involves the private keys, hashing algorithms, network transmission and public key decryption, it explains why one participant noted that ‘an ordinary user will not be able to load this digital signatures on their computer’ (P8, Conveyancing professional, technical systems exposure). The diagram thus depicts the technical subsystem capabilities and the social subsystems current limitations.

FIGURE 1: Digital signature cryptographic process illustrating the technical subsystem.

Research methods and design

Sileyew (2019) highlights that research design serves the purpose of providing a suitable framework for conducting a research study. It can be considered as the plan or blueprint that bridges the gap between connecting the conceptual research problems and empirical research. Additionally, Boru (2018) defines research design as the framework and sets the procedure for acquiring data.

This study adopted an exploratory qualitative research design, informed by STS theory. The exploratory approach is appropriate because of the limited empirical research on electronic signature adoption in South Africa’s conveyancing context and enables an in-depth understanding of the social, technical and regulatory factors influencing adoption. Socio-technical systems theory explicitly informed the research design, sampling, interview instrument and the coding framework, which systematically aligned with the technical, social and environmental subsystems.

Patel and Patel (2019) define research methodology as a systematic approach to solving the research problem and to gain new knowledge. Research methodology encompasses various methods, namely quantitative, qualitative or a combination of both, known as a mixed method. Qualitative research, as the name itself suggests, this research is concerned with the qualitative process. Qualitative research is perceptive and non-numerical, it aims to get the meaning and describe situations (Goundar 2012).

This study adopted an exploratory, qualitative methodology to investigate the barriers to electronic signature adoption within South Africa’s conveyancing process. This methodology aligns with the goals of investigating the underlying factors affecting the adoption and implementation of electronic signatures within the conveyancing processes, as it provides a platform to explore the complexities, perceptions and challenges associated with the phenomenon in its natural setting. Qualitative research method was selected as the nature of the research is situated in an ever changing, emerging legal and technological landscape, the research therefore provided the flexibility needed to adapt and explore how these changes in regulations or technology affected the perceptions of individuals within the conveyancing process, furthermore, it provided the researcher to explore how individuals such as conveyancers, clients and legal professionals perceive and experience technology specifically electronic signatures within the conveyancing process.

Population and sample

The target population for this study comprised all the attorneys and law firms that practice conveyancing within South Africa. The total population consisted of 687 conveyancing attorneys who are registered with the Law Society of South Africa that practice conveyancing (Legal Practice Council 2026). This population was chosen as a conveyancing attorney is a central part of the property purchasing process, as they are the admitted attorneys who specialise in property law and attend to, among others, the registration of the transfer of a property from a seller to a purchaser. Additionally, the transferring conveyancing attorney prepares all the necessary legal documents for signature by both the seller and the purchaser (Adams 2022). A conveyancing attorney is not optional, and one must be appointed to a sale as soon as the agreement has been concluded.

Purposive, non-probability sampling was employed. This method was selected because participants required specific knowledge of and experience with electronic signature tools, conveyancing processes and the relevant regulatory environment, attributes that random selection could not guarantee (Alchemer 2021; Taherdoost 2016).

The relevant participants for this study were drawn from three major conveyancing organisations within South Africa. Participants consisted of three senior managers and their nine subordinates who operate within the conveyancing industry in South Africa. The managers were selected for their managerial skills and expertise.

Additionally, they held decision and policy-making roles within the organisational structure, while their subordinates were selected for their operational abilities and engagement with clients, these employees were often involved in the signing process and management of documents.

The sample size for this study was a total of 12 participants, this number of participants was determined to be sufficient to reach data saturation when no new themes or insights emerged across successive interviews (Saunders et al. 2017).

Data collection methods

Two data collection methods were utilised for this study, namely semi-structured interviews and document analysis. The primary data collection method was face-to-face semi-structured interviews, which were formal and were conducted based on predefined open-end questions. The semi-structured interview questions were formulated in alignment with the three STS subsystems and the study’s research objectives. Technical questions were designed to capture participants’ experiences with electronic signature tools, their understanding of security features such as encryption, PKI and the cost implications of implementation; social subsystem questions explored participants’ digital literacy, attitudes toward digital adoption and their trust levels in using electronic signatures.

Questions targeting the environmental subsystem were designed to capture participants’ understanding of the regulatory landscape, their experiences with the Deeds Office, and their awareness of the Protection of Personal Information Act (POPIA), which mandates organisations to handle and protect personal information against unlawful collection or unlawful use of personal data and to comply with all other compliance requirements. This process ensured that data were systematically collected across all three subsystems, maintaining alignment between the interview questions and the STS theoretical framework.

The second instrument for data collection that was used in this study was document analysis. Document analysis served as a supplementary means of collecting data, contributing to the overall rigour of the study through a multi-method form of triangulation as suggested by Cardno (2019). This collection method of utilising pre-existing data provided valuable insight and a comprehensive understanding of the research phenomenon, including factors directly related to the phenomenon and aligned with the research objectives.

Six publicly available documents were analysed, specifically the Electronic Communications and Transactions Act 25 of 2002, the Deeds Registries Act 47 of 1937, the Alienation of Land Act 68 of 1981, the Protection of Personal Information Act 4 of 2013, the Electronic Deeds Registration Systems Act 19 of 2019 and the Law Society of South Africa’s guidelines on electronic signatures for law firms, to provide contextual background and to triangulate findings.

Data analysis

Directed content analysis was chosen to analyse both the interview transcripts and the legislative documents for data analysis (Hsieh & Shannon 2005), which was guided by the STS theory. For this study, deductive method was applied; this theory-driven method was selected because the STS theoretical framework provided predefined analytical categories the technical, social and environmental subsystems of the STS theory against which the data could be systematically coded and interpreted (Hsieh & Shannon 2005; Luo 2019).

Interview information was audio recorded and transcribed verbatim followed by the data analysis using ATLAS.ti software (a qualitative analysis tool, utilised version 23.4, Berlin, Germany). Coding is the process of assigning codes, words or phrases that identify topics and similar trends in the research data and organising it by applying labelling or codes (Williams & Moser 2019).

Key concepts and phrases were assigned codes aligned with the three STS subsystems. Codes were subsequently grouped and refined until four overarching themes emerged. Data analysis is a critical component of research and involves iterating among coding and exploring the data.

Triangulation, according to Noble and Heale (2019), is a valuable method used to increase the credibility and validity of the research. It involves combining multiple research methods or data sources to provide a comprehensive understanding of the phenomenon. Furthermore, it ensures that the biases arising from the use of a single method are overcome. Peer debriefing was employed throughout the coding process to strengthen rigour, with a colleague independently reviewing the coded transcripts and audit trail to verify consistency and logical coherence.

Trustworthiness of study

Trustworthiness refers to the degree of confidence in the research data, its interpretations and the methods used by the researcher to ensure the quality of the research study is achieved (Connelly 2016). In every study undertaken, procedures need to be established to trustworthiness. The five strategies to establish trustworthiness include creditability, transferability, dependability, authenticity and confirmability.

Credibility

Credibility of a research study relates to the confidence in the truth of the research study’s findings and how congruent it is with reality ‌(Stahl & King 2020). Creditability seeks to ensure that the study measures or tests what is intended, and that the results are true and creditable (Enworo 2023; Shenton 2004). A method to promote credibility is through the various processes of triangulation, which uses multiple sources of information to ensure identifiable patterns and validate the research study’s finding to be credible (Connelly 2016). For this study, to ensure credibility a process of member checking was used to ensure the credibility of the study.

According to Motulsky (2021), member checking is the process of asking for feedback from the participants of the research study and involves participants to assist in verifying and confirming the data by checking the accuracy and interpretation of the data collected. Transcripts were sent back to the participants to verify and validate the accuracy and correct interpretations of the interview data collected for the study to establish credibility. Of the 12 participants, all confirmed the accuracy of their transcripts and no changes were required as a result of the member checking process, which strengthened confidence and credibility of the findings.

Dependability

The dependability of a research study is the extent to which the study could be repeated by other researchers, and should all the conditions be equal if repeated, the findings would be consistent. To achieve dependability, the research process must be logical, traceable and clearly documented (Nowell et al. 2017). It refers to the thoroughness and rigour of the research study and its applicability, which will result in the study’s dependability being high (Quantilope n.d.). For this study, peer debriefing with a colleague was used to establish dependability. The coding analysis was checked by colleagues who examined and validated the coding analysis and the researchers’ transcripts to ensure that the study process was logical, clear and that the study maintains dependability by having an impartial peer examine the transcripts, documents, findings report and methodology.

Transferability

Transferability in qualitative research is one of the pillars of trustworthiness and is defined by the researcher’s ability to demonstrate that the research findings can be transferred or applicable and relevant to other contexts or settings beyond the current research study (Korstjens & Moser 2018; Statistics Solutions 2019).

Understanding the world views that participants bring to the research study and the interpretation of the findings was to provide promising ideas of how they will behave in similar situations and other contexts. For this qualitative research, rich thick descriptions were used to show that the research study’s findings can apply to other contexts and situations (Stahl & King 2020). Thick descriptions provide rich and detailed descriptions of the research study, which includes the participants, setting and cultural nuances and allow readers to gain an understanding of the characteristics of the study and the assessment of its relevance and applicability to other contexts (Kostova 2017).

Confirmability

Confirmability refers to the degree that the findings of the research study are consistent and could be repeated (Connelly 2016). Stahl and King (2020) note that it is the extent of confidence that the findings of the research study can be confirmed and collaborated by other researchers. Confirmability in qualitative research is when the insights and data are collected it should reflect the participant’s views only, without a subjective and biased view of the researcher with their interpretation of what the research participants said to fit a certain narrative in the research report and findings. Confirmability is therefore the neutrality and consistency of the researchers’ findings should the study be repeated. To establish confirmability, this study used an audit trail as a method to establish confirmability. Audit trails can be used to record data analysis from start to finish; it refers to a transparent description of the research steps taken from the start of a study, which establishes the study’s findings more accurately. An audit trail provides a record of evidence of the decisions and choices made by the researcher regarding theoretical and methodological issues throughout the study (Nowell et al. 2017). The researcher recorded all the steps taken in the research process and the audit trail.

Authenticity

Authenticity in research refers to the extent to which researchers, fairly and faithfully, display a range of realities (Kyngäs, Kääriäinen & Elo 2020) and signifies the extent to which the researcher accurately, honestly and transparently presents the phenomena, experiences and research data. Shannon and Hambacher (2014) describe five dimensions of authenticity, namely fairness, ontological, educative, catalytic and tactical authenticity, which provide a comprehensive framework for evaluating the trustworthiness of the research.

To achieve authenticity in this study, the researcher presented the different perspectives, diverse viewpoints and in-depth understanding of the participants accurately and impartially. Additionally, member checking played a crucial role in ensuring authenticity as the researcher was able to share the findings with the participants, who were able to review and feedback, ensuring their viewpoints were accurately represented.

Ethical considerations

Ethical considerations were paramount throughout the study. Ethical clearance to conduct this study was obtained from the University of South Africa, College of Economic and Management Sciences_CRERC (Ref. No. 2621). All participants provided informed consent, and confidentiality was rigorously maintained to protect privacy and ensure research integrity.

Results

Document analysis findings

Based on the analysis of the six compliance documents, the analysis revealed a regulatory landscape characterised by internal contradictions, which directly contextualises the interview findings. The ECTA (2002) provides a broad legislative support and governance framework for electronic signatures, recognising electronic records as legally valid and enforceable by legislation. However, the Deeds Registries Act 47 of 1937 and the Alienation of Land Act 68 of 1981 together mandate wet-ink signatures for property transfer documentation and the transfer of property from one owner to another, creating a direct legislative conflict with ECTA in the specific domain of conveyancing. This contradiction was independently confirmed by participants and interpreted through the STS theory, which constitutes environmental subsystem constraint.

The Electronic Deeds Registrations System Act 19 of 2019 signals legislative intent to modernise and digitalise the deeds registrations, but its implementation has not yet been operationalised leaving conveyancers in a prolonged transitional period of uncertainty and reverting to the traditional wet ink signature as a means of ensuring the status quo. Protection of Personal Information Act (2013) further adds compliance complexity; its requirements for the management of personal data, including the biometric and identity verification data that electronic signature systems collect, impose additional implementation obligations that many conveyancers reported being unprepared for.

The Law Society of South Africa (2014) provides guidance on electronic signatures and has endorsed the AES for high value transactions, but noted the persistent gap between legislative frameworks and the allowed permissions granted by law and the operational implementation concerns. Document analysis confirmed that the environmental subsystem is a dominant constraint on adoption, overriding both the technical capability and the social willingness, which directly validated the regulatory and legal barriers reported by participants in the interview data.

Interview findings

Electronic signature technology is becoming increasingly important as the conveyancing industry shifts away from traditional pen-and-paper methods, particularly considering vulnerabilities to fraud and disruptions caused by the coronavirus disease 2019 (COVID-19) pandemic (Banerjee 2016; Singh 2023). While electronic signatures offer efficiency, security and convenience, several barriers hinder their adoption within South Africa’s conveyancing industry.

Cost and affordability (technical subsystem)

A key challenge slowing adoption is cost sensitivity, particularly for smaller organisations (Vial 2019). High upfront costs for setup, ongoing maintenance and additional investments in security features like encryption and cryptography escalate expenses:

‘The cost of technology is a major concern … we rely on external companies for our hardware and software needs, which adds to our expenses. Most of our documents are generated using conveyancing software, but the licensing costs are high.’ (P1, Senior Manager, Conveyancing firm)

‘They’re not going to sign up for it because already, if you look at the fees the attorneys pay, they have to pay for software and all the other stuff they use in the office, now they have to pay to use this.’ (P2, Senior Conveyancer, Conveyancing firm)

‘Your smaller companies don’t think about security. When you ask them about security, they say: no, but I do have an IT guy.’ (P5, Legal Practitioner, Conveyancing firm)

‘There’s a cost to the attorneys. They’re not going to sign up for it because already, if you look at the fees the attorneys pay, they have to pay for software and all the other stuff they use in the office, now they have to pay to use this. You might find 50% or more than 50% of the industry not using it.’ (P1, Senior Manager, Conveyancing firm)

In addition to the technological costs, training and skills development for end-users further contribute to the financial burden, as many conveyancers depend on third-party technical providers because of limited in-house expertise in managing electronic systems. Haikal and Mahmudah (2024) highlight that, while electronic signatures offer significant advantages, the associated costs can present considerable challenges for many conveyancing organisations attempting to implement this technology. Participants explained:

‘Yes, there is a cost to such infrastructure architecture as private–public key cryptography. Such a system is complex. Even today, if I go out and get a digital signature for myself, an ordinary user will not be able to load those digital signatures on their computer. You have to be slightly tech savvy and be given detailed instructions.’ (P8, Conveyancing professional, technical systems exposure)

‘I mean, Lexus Nexis, is very expensive. You get charged per transaction per search per anything that you do, you get charged … Exactly, because, these things are not cheap, right? They are very expensive.’ (P2, Senior Conveyancer, Conveyancing firm)

‘You are 11 users per person, one to five. Easy to manage cost. You can buy a small business package, or you can buy a family package or what have you. Now when you start increasing the users in your organisation, you then need to be spending more on those licences.’ (P3, Conveyancing Practitioner, Operational staff)

Awareness and skills (social subsystem)

Awareness and skills illustrate a broader lack of awareness among stakeholders, who often lack understanding of how electronic signatures work, their benefits, and the processes required for implementation. The same issue extends to clients:

‘They’re not that tech savvy. They don’t know how to go on, so people don’t know. You need to go and insert this on the PDF. Like, put in the password or the code. Like they don’t know how to access it. That’s not layman’s knowledge, right? Like, for example, my dad, he’s 70. He just did a transfer of the property. But I just sent it to him. I can tell you my dad won’t know how to do it … we had to print the documents and physically get them to him to sign. He doesn’t know how to … he won’t even know how to use a pdf document.’ (P2, Senior Conveyancer, Conveyancing firm)

‘The general public often lacks the knowledge of what encryption is and doesn’t know how to do that. So, they would struggle with that. So, the education they need to come to the population rather than attorneys.’ (P1, Senior Manager, Conveyancing firm)

‘So, encryption should be something that’s standard, but I don’t think people understand what and why it is, I don’t think the average person understands what encryption is, even clever people don’t understand it.’ (P5, Legal Practitioner, Conveyancing firm)

‘I also don’t completely understand the encryption and how it’s done. I do encounter it sometimes, but I’m not completely familiar with it.’ (P3, Conveyancing Practitioner, Operational staff)

Trust and security (social-technical subsystem interface)

Participants also expressed a lack of trust in online transactions, citing fears of cybercrime and unfamiliarity with digital tools. This distrust, coupled with a limited understanding of security features such as cryptography and PKI, contributes to resistance toward adopting electronic signature technology:

‘But nowadays, with all the hacking that does transpire, you know nothing is ever foolproof. Obviously, from a technological point of view, emails are being hacked, companies are being hacked, and stuff like that. Hence the reason we say there is no 100% guaranteed fail-proof way. If banks can get hacked, if insurance companies’ data can get hacked, anything is possible.’ (P2, Senior Conveyancer, Conveyancing firm)

‘People want to go into the banks, or they still feel somebody’s going to take their money if they do online banking, for example. It’s on signing online. It’s like, yeah, there’s gremlins in the system that will just capture their signature. So, there is a nervousness.’ (P9, Conveyancing professional, client/trust interface context)

Participants generally highlighted that trust in digital platforms is a critical determinant of user adoption. By contextualising these concerns within the wider discourse of cybersecurity risks and digital transformation, this research underscores the need for robust security frameworks and targeted awareness initiatives to enhance user confidence in electronic signature technology. Addressing these trust issues and enhancing the security measures associated with electronic signatures are crucial for increasing their adoption (Kshetri 2016). This study extends Kshetri’s (2016) finding by providing a socio-technical explanation for why trust is so difficult to build in this context: the social subsystem’s trust norms were formed in a physical signing culture, while the technical subsystem operates through cryptographic mechanisms that remain opaque to most practitioners.

Legal and regulatory barriers (environmental subsystem)

Legal and regulatory barriers further impede progress. Laws such as the Deeds Registries Act 47 of 1937 and the Alienation of Land Act 68 of 1981 mandate wet ink signatures for property transactions, while the ECTA supports digital commerce more broadly. These statutes explicitly exclude electronic signatures for agreements requiring witnesses, including property sales. The Deeds Office’s reluctance to accept electronic signatures exacerbates this issue, slowing the transition to digital processes despite technological advancements:

‘It depends on the Deeds Office and what they dictate to us and what they are willing to accept because everything still has to come from them. They direct us in terms of what to do, what not to do and how to do it. I think the rigidity of the Deeds Office and people’s resistance to change are significant barriers.’ (P2, Senior Conveyancer, Conveyancing firm)

One participant highlighted the importance of adhering to the POPIA, saying, ‘[t]here are legal ramifications’ (P5, Legal Practitioner, Conveyancing firm). Additionally, conveyancers are ethically obligated to uphold these laws. Another two participants concurred and said:

‘But with the transfer of property, which is regulated by the deed’s registries act it’s, very difficult to do electronic signatures as it stands, I believe specifically the deed registries act, but I think the alienation of land specifies wet ink.’ (P4, Conveyancing professional, legal/regulatory context)

‘I think signing with a handwritten signature or electronic signature when purchasing land is more dependent on the land records management system that the society uses, and the requirements imposed by the legal system.’ (P8, Conveyancing professional, technical systems exposure)

Concerns over cybersecurity, legal validity and the acceptance of electronic signatures in court also contribute to resistance (Borky & Bradley 2020). Consequently, reliance on paper-based processes and wet ink signatures persists, creating significant barriers to adopting electronic signature technology in the conveyancing industry, despite its clear potential to enhance efficiency and security.

Additionally, there is a general apprehension about online transactions and electronic signatures, with some individuals preferring traditional methods because of fears of their digital signatures being compromised. Addressing these concerns is essential to foster trust and encourage the adoption of electronic signatures. One participant noted:

‘Look, maybe I’m still not completely sold on the idea because I don’t completely trust the technology. I always think there’s always room for manipulation and hacking. I mean, you know, in a country which has more security in the ICT systems, maybe it would work. But even then, places like America still get hacked sometimes, and big organisations get hacked. Even their governments get hacked.’ (P3, Conveyancing Practitioner, Operational staff)

This was further confirmed by participant P9 saying:

‘People want to go into the banks, or they still feel somebody’s going to take their money if they do online banking, for example. It’s on signing online. It’s like, yeah, there’s gremlins in the system that will just capture their signature. So, there is a nervousness.’ (P9, Conveyancing professional, client/trust interface context)

These findings align with Borky and Bradley (2020), who observed that concerns about legal validity and enforceability remain central to the adoption debate. To provide a clear overview of the main barriers identified, Table 1 summarises the four dominant themes that emerged from the data, along with illustrative participant quotations. Interpreted through the STS theory, the four themes identified correspond to the three subsystems identified.

Cost and affordability barriers reflect the constraints within the technical subsystem. Awareness and skills barriers reflect breakdowns in the social subsystem. Trust and security concerns represent a misalignment between the social subsystem’s normative expectations and the technical subsystem’s actual capabilities. Legal and regulatory barriers constitute the environmental subsystem. Table 1 summarises the four dominant themes, their corresponding STS subsystem classification, and illustrative participant quotations. The following discussion interprets these findings through the STS lens.

Discussion

Technological advancements are reshaping industries globally, and the conveyancing industry is no exception (Mania 2022). Traditionally paper-intensive, conveyancing stands to benefit significantly from digitalisation, particularly through the adoption of electronic signature technology. However, this study demonstrates that adoption is not constrained solely by technological capability but by the misalignment and interdependence between the social, technical and environmental subsystems, as conceptualised within the STS theory. Beyond automating manual processes, the digital economy offers opportunities for organisations to improve efficiency, security and accessibility through interconnectivity between businesses, governments, and consumers (Mikalef & Parmiggiani 2022). These advancements underscore the importance of aligning technology adoption with robust governance, stakeholder collaboration and regulatory frameworks to unlock the full potential of digitalisation. However, these benefits remain unrealised in the South African conveyancing context because of the systemic socio-technical constraints rather than isolated barriers.

The technical subsystem: Cost and infrastructure as structural barriers

The findings confirm that cost operates as a structural constraint within the technical subsystem of the South African conveyancing process. While electronic signatures come with robust security features such as encryption and PKI, this study shows that these capabilities do not translate into adoption because of their dependence on the broader STS conditions. This further suggests that cost is not merely a financial barrier, but a structural constraint embedded within the technical subsystem that limits accessibility and capability of adoption.

Their potential is often undermined by challenges, including cybersecurity threats, impersonation risks and regulatory constraints, all of which represent significant barriers to adoption (Smith 2023). As noted by Haikal and Mahmudah (2024), who identify cost as a primary adoption barrier globally, this study extends their findings by demonstrating that within a South African conveyancing context, the cost barrier compounded by infrastructural dependencies, stable Internet connectivity, cloud storage and third-party technical support remains a burden within the conveyancing sector.

Furthermore, cost concerns and the financial burden of acquiring and maintaining electronic signatures and conveyancing solutions are significant deterrents, especially for smaller firms. The theme of cost sensitivity is reinforced by Haikal and Mahmudah (2024), who argue that the affordability of digital tools and technology directly impacts adoption rates in industries with high compliance costs, such as conveyancing. They further highlight that despite the advantages of electronic signatures; the high initial and ongoing costs of adoption remain a considerable barrier. This is further highlighted by Cavus and Sancar (2023), who further emphasis that the expenses associated with implementing and maintaining electronic signature technology can be substantial, posing a challenge for organisations seeking to adopt these solutions. In addition to the cost and financial barriers, providing technical training will alleviate the financial and knowledge-based barriers faced by smaller conveyancing firm as well as a lack of trust in digital systems, limited understanding of security features, and the legal regulatory constraints impacting the adoption of electronic signatures.

Electronic signature solutions often involve complex functionalities that require a thorough understanding and proficient use of the technology Participant 8 highlighted that:

‘Yes there is a cost to such infrastructure architecture as private public key cryptography, see such a thing has complexity right even today if I go out and get a digital signature for myself and ordinary user will not be able to load those digital signatures on their computer. You have to be slightly tech savvy you have to be given detailed instructions.’ (P8, Conveyancing professional, technical systems exposure)

Many of the technical features to ensure security require an understanding of PKI, cryptography and encryption mechanisms, which present further implementation challenges.

Abobeah, Ezz and Harb (2015) emphasise that integrating PKI technology into existing software applications is difficult, as both developers and maintainers require specific expertise in security, thereby complicating the implementation process. The implication for intervention design is therefore significant: reducing licensing costs alone will not resolve this barrier if the underlying infrastructure dependencies remain unaddressed. A technical subsystem fix requires a corresponding social subsystem response, specifically affordable training and support and an environmental subsystem response, specifically regulatory incentives for technology providers to develop conveyancing-appropriate solutions.

The social subsystem: Skills, awareness and the trust deficit

The awareness and trust themes both locate their roots in the social subsystem, specifically in the gap between the technical subsystem’s operational requirements and the human actors expected to engage with it. In addition to the cost and financial barriers, providing technical training will alleviate the financial and knowledge-based barriers faced by smaller conveyancing firms, as well as addressing a lack of trust in digital systems, limited understanding of security features, and the legal regulatory constraints impacting the adoption of electronic signatures. This study confirms Vial’s (2019) observation of the lack of digital literacy in the professional services impacts adoption, but adds an important nuance: in conveyancing, the skills deficit is not merely about comfort with digital tools, it concerns a legally high-stakes environment where practitioners bear professional liability for authentication failures. This makes adoption resistance a rational professional response, not merely a cultural reluctance to change.

The rise of electronic commerce has demonstrated the transformative potential of digital tools, offering cost savings, faster transaction times and enhanced global interaction. However, these benefits are accompanied by risks that demand rigorous safeguards. Cybersecurity measures must be strengthened to address concerns about fraudulent transactions, data breaches and the misuse of consumer information. This is crucial to mitigate risks and enhance trust in digital ecosystems (Ajayi, Bagula & Maluleke 2022). One participant highlighted this issue, citing high-profile security breaches even in well-secured environments: ‘There is a lot of work to do because cybercrime has also increased exponentially. I always think there’s always room for manipulation and hacking’ (P9, Conveyancing professional, client/trust interface context).

This distrust is not irrational; it reflects a social subsystem whose trust norms were formed in a wet-ink signing culture, while the technical subsystem operates through cryptographic mechanisms that remain distant to most practitioners. This study extends Kshetri’s (2016) identification of trust as a central adoption determinant by providing a socio-technical explanation for why trust is so difficult to build in this specific context. Bridging this gap requires not only better technology but deliberate social subsystem interventions, targeted user education, demonstrated security outcomes and changed professional norms.

The environmental subsystem: Regulation as the dominant constraint

As highlighted in this study, South Africa’s legal framework, including the Deeds Registries Act and the Alienation of Land Act, significantly limits the use of electronic signatures in property transactions, posing a substantial regulatory barrier to its widespread adoption. Many conveyancers within the industry are reluctant to transition to digital systems unless mandated by the Deeds Office. One participant emphasised these challenges:

‘It depends on the Deeds Office and what they dictate to us and what they are willing to accept because everything still has to come from them. They direct us in terms of what to do, what not to do and how to do it. I think the rigidity of the Deeds Office and people’s resistance to change are significant barriers.’ (P2, Senior Conveyancer, Conveyancing firm)

These legislative hurdles must be revisited to align with the realities of a digital economy and the growing demand for secure online transactions.

This study extends the work of Borky and Bradley (2020), who note that legal validity concerns are central to adoption debates, by demonstrating that in South African conveyancing the environmental subsystem does not merely create uncertainty but actively enforces non-adoption through legislative contradictions. No amount of technical improvement or social training can override a legislative ban. This places regulatory reform not as one intervention among many, but as the prerequisite for all others.

The implication for intervention design is therefore significant: reducing licensing costs alone will not resolve this barrier if the underlying infrastructure dependencies remain unaddressed. A technical subsystem fix requires a corresponding social subsystem response, specifically targeted affordable training and skills development and an environmental subsystem response, specifically regulatory reform incentives and policy alignment to enable legal adoption.

The socio-technical adoption: The study’s theoretical contribution

The most significant contribution of this study lies not in the identification of individual barriers, such as cost, awareness, trust and regulation, which have each been identified in prior literature, but in demonstrating their structural interconnection through an STS lens. These barriers form a self-reinforcing cycle that this study terms a socio-technical adoption.

The cycle operates as follows: the environmental subsystem’s legislative prohibition removes the market mandate that would incentivise technology providers to reduce costs within the technical subsystem. Without cost reduction, adoption remains low, which means the social subsystem never develops the familiarity and skills that would build trust. Without trust and demonstrated social value, there is insufficient pressure on the environmental subsystem to reform the regulatory framework. The cycle then repeats.

This dynamic explains why incremental single-subsystem interventions have failed to shift adoption rates meaningfully in South Africa within the conveyancing sector. Effective adoption requires simultaneous action across all three subsystems: regulatory reform in the environmental subsystem, affordable and usable technology in the technical subsystem, and targeted education and trust-building in the social subsystem. This multi-subsystem, joint optimisation is precisely what STS theory prescribes (Cherns 1976; Trist & Bamforth 1951), and it represents this study’s contribution to the literature on electronic signature adoption in developing legal economies.

Strengths and limitations

A strength of this study lies in its triangulated design, which combined semi-structured interviews with document analysis to enhance validity. The inclusion of direct participant quotations adds qualitative richness and grounds the findings in practical experience. Additionally, the applications of the STS theory across data collection, analysis and interpretations strengthen the study’s theoretical coherence. However, the relatively small sample (N = 12) does not fully represent all stakeholders, such as banks, estate agents or the Deeds Office.

This limitation suggests caution in generalising results across the entire conveyancing sector.

Participants represented three organisations ranging from mid-sized to large conveyancing firms, comprising of senior managers with policy-making responsibilities and operational staff directedly involved in documents handling, client facing signing processes, providing a range of expertise across all levels within the sector.

Implications for policy and practice

This research shows that while electronic signatures offer substantial efficiency, their adoption requires systematic alignment across the STS rather than isolated interventions, their adoption in conveyancing requires:

• Regulatory reform within the environmental subsystem (updating the Deeds Registries Act and Alienation of Land Act).
• Investment in skills development and industry-wide training on digital literacy, within the social subsystem.
• More affordable, scalable solutions from technology providers within the technical subsystem.

Implications for future research

Further studies should expand the scope beyond conveyancers to include banks, estate agents and government stakeholders. Research could also explore the potential of emerging technologies such as blockchain and Web3, particularly in supporting immutable records and smart contracts for property transfers (Van Eck & Agbeko 2024). Longitudinal research could further assess whether changes in legislation or cost structures lead to increased adoption, providing evidence for policymakers and industry leaders.

Recommendations

The following recommendations are made after careful analysis of the findings of this study, these are the proposed actions for conveyancers, regulatory bodies and policymakers (South African Government), the Deeds Office, conveyancing industry associations (such as the Law Society of South Africa), technology providers and academic researchers.

Conveyancers should consider enabling easy-to-use out-of-the-box security tools available within existing software, which provides basic encryption and can be used for all documents shared via their email service.

Managers should train and invest in upskilling staff on security and specific issues on cybercrime to enable better risk mitigation strategies that will protect all parties to land transactions. Furthermore, conveyancers should consider collectively engaging with industry associations and legal bodies such as the Law Society to advocate for amendments to laws that currently restrict electronic signatures in land ownership transfer transactions.

Conveyancers should seek to standardise how manual vetting of signatures and documents takes place within the industry and align with policymakers to ensure. standardised verification practices across the industry.

Enhanced security measures, such as multi-factor authentication and more advanced encryption protocols, should be adopted to address the growing concerns of cybercrime and fraud. Regulatory bodies and legal policymakers (South African Government) should consider updating legislation such as the Deeds Registries Act and Alienation of Land Act to include provisions for electronic signatures in property transfer documents. Legal policymakers should consider reviewing the ECTA to expand its scope to include electronic signatures in land administration transactions. The Deeds Office should consider accelerating the implementation of the Electronic Deeds Registration Systems Act 19 of 2019 and to incorporate the use of electronic signatures.

Technology providers should offer conveyancers more tailored electronic signature platforms that ensure that only authorised individuals are signing documents and that the contents remain unaltered. Additionally, to provide conveyancers with a more cost-effective pricing model that caters for different needs and requirements, particularly considering smaller organisations that may have less transaction volumes. A tiered pricing plan can enable more affordable options for conveyancers that may struggle with the high costs of electronic signature technology adoption. Furthermore, it is recommended that academia should consider further research regarding the growing role of electronic signatures, security, and digital workflows in South Africa’s conveyancing industry.

Conclusion

This study concludes that, while electronic signature technology offers significant benefits for improving security and efficiency in conveyancing transactions, several key barriers hinder its adoption in the South African context. These include outdated regulatory frameworks, resistance to digital transformation, concerns about data security, and a general lack of standardisation across the industry. The conveyancing industry has been slow to respond to global trends, maintaining manual processes that are both time-consuming and vulnerable to fraud.

To effectively implement electronic signature technology and overcome these challenges, a multi-faceted approach is required. Legal and regulatory reforms must be prioritised to update legislation such as the Deeds Registries Act and align it with digital processes. Strategic investment in secure digital infrastructure, such as PKI, encryption, and multi-factor authentication, will be critical to safeguard document integrity and prevent unauthorised access.

Equally important is the need for cross-sector collaboration. Government agencies, technology providers, conveyancers and academic institutions must work together to establish standardised security protocols, promote user education, and support the widespread adoption of trusted digital signature platforms.

By embedding these practices, the South African conveyancing industry can modernise operations, reduce reliance on paper-based transactions, and build a secure, efficient system that supports the country’s transition into the digital economy. The successful adoption of electronic signatures is not merely a technological upgrade; it represents a paradigm shift that, if supported correctly, can enhance trust, mitigate risks and future-proof land administration.

This study explored the barriers to electronic signature adoption in South African conveyancing through a STS lens, demonstrating how the misalignment of technical, social and environmental subsystems produces a self-reinforcing adoption. Future research could build on this study by examining emerging technologies such as blockchain and Web3, which support smart contracts and immutable ledgers, to assess their potential role in modernising conveyancing processes. Further investigation into the implications and implementation of the Electronic Deeds Registration Systems Act 19 of 2019 is also recommended. Additionally, expanding the scope to include other key stakeholders such as banks, estate agents, technology implementers and the Deeds Office would provide a more comprehensive understanding of the role and impact of electronic signatures in the conveyancing industry.

Acknowledgements

This article includes content that overlaps with research originally conducted as part of Luke Abrahams’s master’s titled ‘Implementation of electronic signatures to increase productivity and mitigate risk within the conveyancing process in South Africa’, submitted to the Department of Operations Management in the College of Economic and Management Sciences at the University of South Africa in 2025. The thesis was supervised by Anthea Amadi-Echendu and Nonceba Ntoyanto-Tyatyantsi. Portions of the data, analysis and discussion have been revised, updated and adapted for publication as a journal article. The original thesis is publicly available at: https://ir.unisa.ac.za/bitstream/handle/10500/32281/dissertation_abrahams_l%20%28002%29.pdf?sequence=1&isAllowed=y. The authors affirm that this article complies with ethical standards for secondary publication, and appropriate acknowledgement has been made of the original work.

The authors reported that they received funding from the University of South Africa, which may be affected by the research reported in the enclosed publication. The authors have disclosed those interests fully and have implemented an approved plan for managing any potential conflicts arising from their involvement. The terms of these funding arrangements have been reviewed and approved by the affiliated university in accordance with its policy on objectivity in research.

Luke Abrahams: Conceptualisation, Data curation, Formal analysis, Methodology, Writing – original draft. Anthea P. Amadi-Echendu: Conceptualisation, Funding acquisition, Supervision, Writing – review & editing. Nonceba Ntoyanto-Tyatyantsi: Supervision, Writing – review & editing. All authors reviewed the article, contributed to the discussion of results, approved the final version for submission and publication, and take responsibility for the integrity of its findings.

The authors disclosed receipt of the following financial support for the publication of this article. This work was supported by the University of South Africa (UNISA) through payment of the article processing charges.

Data are available from the corresponding author, Anthea P. Amadi-Echendu, upon reasonable request.

The views and opinions expressed in this article are those of the authors and are the product of professional research. They do not necessarily reflect the official policy or position of any affiliated institution, funder, agency or that of the publisher. The authors are responsible for this article’s results, findings and content.

References