Some public entities in South Africa have implemented digital records systems over a period of 20 years. In terms of the South African archival legal framework, there is a need for such entities to transfer the records into archival custody. However, there is consensus among researchers that there is no infrastructure to ingest digital records into archival custody in South Africa. Furthermore, some public entities have migrated from one system to another since implementation and there is a possibility that records might have been lost during migration. This study demonstrates through literature review the unconscious archival orthodoxy of post-custodial realities in South Africa. The study recommends that public entities should apply for exemption from archival legislation in order to develop an interim solution for the preservation of digital records. The National Archives and Records Service of South Africa (NARSSA) is also encouraged to develop a policy on distributed custody to allow government entities to create interim solutions for preserving digital records. Both public entities and NARSSA should invest in capacity development, including training and provision of sustainable infrastructure required to preserve digital records. It is hoped that this study will influence policy-making with regard to custody of digital records. Background to the problem Although public entities in South Africa began to implement systems to manage digital records in the early 1990s, these measures have not yet translated into a systematic program of digital transfers into archival custody in a digital repository. Bak 1 identifies major components or functions of digital repositories as metadata management systems, storage location, content management systems, authentication systems and digital preservation. While the implementation of digital records management has begun, the infrastructure for ingesting into a digital repository does not yet exist. As a consequence, to avoid the loss of important digital records in the near term, interim measures are needed and it is the purpose of this paper to identify what these could be. Among the agencies that have implemented digital records management is Rand Water, a water utility company in South Africa. This was one of the earliest public institutions to