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.

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.

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.

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).

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.

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 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.

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.

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.

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.

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:

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 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.

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:

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 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.

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.

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:

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.

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.