Contributed by Vincent Shimutwikeni, Manager: Legal Support Services, RFS Fund Administrators
Namibia’s Electronic Transactions Act, 2019 (Act No. 4 of 2019) provides a comprehensive legal framework for the use of electronic signatures. Under this Act, e-signatures are legally recognised and have the same legal effect as handwritten signatures, subject to certain conditions. This means that, from a legal standpoint, parties may rely on electronic signatures for the execution of documents, including beneficiary nomination forms.
It is important to note that, although the Act is largely in force, Sections 20 and Chapters 4 and 5, which relate to consumer protection, electronic authentication, accreditation of service providers, and certification services, have not yet commenced. This is confirmed in Government Notice No. 364 of 29 November 2019, which brought the remainder of the Act into operation on that date, with the stated exclusions.
These remaining provisions are expected to be brought into effect as part of the planned national rollout of accredited electronic signature infrastructure in February 2026, which will be overseen by the Communications Regulatory Authority of Namibia (CRAN).
Until that time, Namibia does not yet have an official system of accredited e-signature service providers.
Nevertheless, the current law does not prohibit the use of electronic signatures, and they remain legally valid and enforceable, provided the method used -
It is important to note that, although the Act is largely in force, Sections 20 and Chapters 4 and 5, which relate to consumer protection, electronic authentication, accreditation of service providers, and certification services, have not yet commenced. This is confirmed in Government Notice No. 364 of 29 November 2019, which brought the remainder of the Act into operation on that date, with the stated exclusions.
These remaining provisions are expected to be brought into effect as part of the planned national rollout of accredited electronic signature infrastructure in February 2026, which will be overseen by the Communications Regulatory Authority of Namibia (CRAN).
Until that time, Namibia does not yet have an official system of accredited e-signature service providers.
Nevertheless, the current law does not prohibit the use of electronic signatures, and they remain legally valid and enforceable, provided the method used -
- Identifies the signatory,
- Indicates their intention with respect to the information signed, and
- Is appropriate and reliable for the purpose for which the document is being signed.
Based on the current legal framework and the provisions of the Electronic Transactions Act, and subject to complying with the above three bullets, there is no legal impediment to accepting electronic signatures for beneficiary nomination forms and any other forms relating to pension fund administration that require a member, the fund, or an employer to sign.
Important notice and disclaimer
This article summarises the understanding, observation and notes of the author and lays no claim on accuracy, correctness or completeness. RFS Namibia (Pty) Ltd does not accept any liability for the content of this contribution and no decision should be taken on the basis of the information contained herein before having confirmed the detail with the relevant party. Any views expressed herein are those of the author and not necessarily those of RFS.