# Electronic Signature Compliance Notice

**ECTA - Electronic Signatures and Attribution in the FMSA SE Process**

**Free Me South Africa (Pty) Ltd**
Registration Number: 2025/384802/07
Version 2.0 | Effective Date: 24 August 2026

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## 1. Legal Authority

This notice is issued under Sections 13 and 25 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

**Section 25 - Attribution of data messages to authorised representative (primary basis):**

ECTA Section 25 provides that a data message is attributed to the originator where it was sent by a person or system authorised by the originator to do so. Free Me South Africa (Pty) Ltd ("FMSA") submits NGB Form 1/1 as the Applicant's authorised representative under common-law mandate and ECTA Section 25. All data messages, including the completed NGB Form 1/1, the Proxy Consent and Authorisation Certificate, and all submission correspondence, are attributed to the Applicant as originator.

**Section 13 - Electronic signatures not without legal force (supporting basis):**

> *"13(1) Where the signature of a person is required by law and such law does not specify the type of signature, that requirement in relation to a data message is met only if an advanced electronic signature is used."*

> *"13(2) Subject to subsection (1), an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form."*

The Self-Exclusion Platform of FMSA applies an electronic signature to NGB Form 1/1 and related statutory documents. Under Section 13(2), that signature is not without legal force merely because it is in electronic form. This notice explains the legal basis, technical implementation, and evidentiary standing of the signature.

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## 2. Legislative Framework

| Instrument | Provision | Effect |
|---|---|---|
| ECTA Section 25 | Attribution of data messages to the originator through their authorised representative | FMSA's submission of NGB Form 1/1 and all associated documents is attributed to you (the Applicant) as originator. The submission is legally yours even though FMSA transmitted it. |
| ECTA Section 13(2) | Electronic signatures are not without legal force merely because they are in electronic form | Your typed or drawn e-signature has legal force under ECTA. The applicable signature standard for NGB Form 1/1 is subject to any requirement imposed by the NGB. |
| ECTA Section 14 | Parties may agree on electronic signing | Your consent to sign electronically (given in Step 3 of the SE flow) satisfies Section 14 |
| ECTA Section 15 | Electronic evidence admissibility | Documents signed via this Platform are admissible as evidence in South African courts |
| NGA Section 14(1) | Self-exclusion by written application | The e-signed NGB Form 1/1 satisfies the "written" requirement |
| GG No. 26994 (12 Nov 2004) | Prescribes NGB Form 1/1 format | The FMSA implementation satisfies the prescribed format with ECTA-supported signature fields |

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## 3. How the Electronic Signature Works

### 3.1 Signature Modes

You may apply your electronic signature in one of two modes:

**Type mode:** You type your full name. The typed name is rendered in a signature-style font and recorded as the display value of your signature.

**Draw mode:** You draw your signature on a touch-enabled surface or with a mouse. The drawn signature is captured as an image and recorded alongside the draw metadata.

Both modes produce a legally equivalent signature under ECTA Section 13(2). The mode used is recorded in the audit trail.

### 3.2 Technical Binding - SHA-256 Hash

At the time of signature, the Platform performs the following operations:

1. The content of your completed NGB Form 1/1 is serialised to a canonical JSON representation
2. A SHA-256 cryptographic hash of that content is computed
3. The hash is combined with your signature display value and a UTC timestamp
4. A second SHA-256 hash of that combination is computed to produce the **Signature Hash**
5. The Signature Hash is embedded in the NGB Form 1/1 PDF on every page footer, in the Proxy Consent and Authorisation Certificate, and in the audit database record

Any subsequent alteration of the document content would change the hash, making tampering detectable.

### 3.3 Timestamp

The signature timestamp is recorded in ISO 8601 format (UTC) at the moment you apply your signature. This timestamp is:
- Displayed on every page of the signed NGB Form 1/1
- Stored in the FMSA database with the registration record
- Included in the SHA-256 computation, making it tamper-evident

### 3.4 Mirror Signature Doctrine

A single e-signature applied in Step 3 of the SE flow simultaneously executes three statutory documents:

| Document | Signature Position |
|---|---|
| FMSA Self-Exclusion Submission Certificate | Page 1, signature block |
| NGB Form 1/1 | Footer of every page |
| Proxy Consent and Authorisation Certificate | Execution clause, final page |

All three documents carry the same Signature Hash and timestamp, forming a cryptographically linked document set. This is the FMSA Mirror Signature Doctrine, designed to ensure a single informed act of consent simultaneously executes all statutory instruments.

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## 4. Document Integrity

### 4.1 Per-Page Signature Footer

Every page of the NGB Form 1/1 includes a footer containing:
- The label "ECTA Section 25 Attribution / Section 13 Electronic Signature - Applied on each page:"
- The applicant's signature display text
- An underline representing the signature line
- "Signature of Applicant - Page [N]"
- The signature mode and SHA-256 hash (first 16 characters)

This ensures that if any page of the multi-page NGB Form 1/1 is removed or replaced, the tamper-evidence is immediately apparent.

### 4.2 ECTA Notice on NGB Form 1/1

The NGB Form 1/1 carries an ECTA compliance notice at the top of the form stating:

*"ELECTRONIC SIGNATURE NOTICE - ECTA 25 OF 2002: This document was submitted electronically through FMSA as the applicant's authorised representative under ECTA Section 25. The electronic signature was applied in reliance on the legal recognition of electronic signatures and communications under ECTA. This signature is time-stamped, SHA-256 hash-linked to this form's content, and appears on every page. Hash: [first 16 characters of signature hash]"*

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## 5. Audit Trail

The FMSA system maintains an immutable audit trail entry for every SE registration containing:

| Field | Description |
|---|---|
| `actor_id` | Internal user ID |
| `action` | "SE_REGISTER" |
| `signature_mode` | "type" or "draw" |
| `signature_hash` | Full SHA-256 Signature Hash |
| `signature_timestamp` | UTC timestamp of signature event |
| `ngb_answers_hash` | SHA-256 hash of the 12 NGB declarations |
| `ip_address` | Encrypted applicant IP at time of signature |
| `user_agent` | Browser/device identifier |
| `result` | "Success" |
| `created_at` | Immutable database timestamp |

This audit trail is read-only after creation and cannot be modified or deleted by any system user or administrator.

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## 6. Admissibility

Under ECTA Section 15, an electronic record is admissible as evidence in South African legal proceedings if it satisfies the requirements of the Electronic Communications and Transactions Act.

The FMSA e-signed NGB Form 1/1 satisfies these requirements:
- The signature was applied by the data subject (mobile number verified by OTP and SA ID number verified with Home Affairs)
- The signature was applied to a specific document whose content is hash-locked at the time of signing
- The document and signature are reproducible from the FMSA database
- An immutable audit trail records the signing event with IP address, timestamp, and device information

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## 7. Contact

Questions regarding the electronic signature process:

Free Me South Africa (Pty) Ltd
Attention: Information Officer (Pierre van Staden)
Email: exclusions@freemesouthafrica.co.za

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*Free Me South Africa (Pty) Ltd | Reg. 2025/384802/07 | exclusions@freemesouthafrica.co.za*

*ECTA 25 of 2002 | NGA 7 of 2004 | GG No. 26994 (12 November 2004)*