Often times, documents need to be signed or legalised for use within South Africa or for use abroad.
Frustration will surely arise if the documents signed or executed are not done so in the correct manner which renders the documents invalid and cannot be used in the country as required.
To ensure that the documents are legally valid and signed correctly, please refer to the below guidelines.
SIGNING/EXECUTING OF DOCUMENTS WITHIN SOUTH AFRICA FOR USE OUTSIDE OF SOUTH AFRICA:
There are 2 instances that may arise.
1. Where countries are party to The Hague Convention (a convention that simplifies the authentication process), the following process is to be followed:
1.1. The documents are signed and/or executed in the presence of a Notary Public. The Notary Public will attach his/her Certificate of Authentication to the documents which must bear his/her signature, stamp and seal.
1.2. The documents are then forwarded by the Notary Public to The High Court in the area in which the Notary Public practices. The Court will then attach an Apostille Certificate authenticating the Notary Public’s signature.
Please note that the Notary Public can assist with original non-public documents such as Power of Attorneys, Affidavits, agreements etc.
However, if a document is an original public document such as any document issued by the Department of Home Affairs (unabridged or full marriage certificate, death certificate etc), the Notary Public does not authenticate this document and it is directly sent to DIRCO (The Department of International Relations and Co-operation) that will attach the required Apostille Certificate.
To determine if the foreign country is a party to the Hague Convention, kindly refer to the below link.
https://www.gsccca.org/notary-and-apostilles/apostilles/hague-apostille-country-list
For the detailed process and steps to be followed to submit documents to DIRCO, kindly refer to the below link. https://www.dirco.gov.za/consular-notarial-services/
2. Where countries are not party to The Hague Convention:
1.1. The documents are signed and/or executed in the presence of a Notary Public. The Notary Public will attach his/her Certificate of Authentication to the documents which must bear his/her signature, stamp and seal.
1.2. The documents are then forwarded by the Notary Public to The High Court in the area in which the Notary Public practices. The Court will then attach an Apostille Certificate authenticating the Notary Public’s signature.
1.3. The documents are then submitted to the Legalisation Section at DIRCO to be legalised.
1.4. As soon as the documents are legalised by DIRCO the documents are then forwarded to the Embassy/Consulate of the country in which they are intended to be used for further authentication.
SIGNING/EXECUTING OF DOCUMENTS OUTSIDE SOUTH AFRICA FOR USE WITHIN SOUTH AFRICA:
High Court Rule 63 of the Uniform Rules of the High Court regulates the requirements for authentication for documents signed overseas and to be used in South Africa.
In terms this rule, a document is sufficiently authenticated by means of a Certificate of Authentication which bears the signature and seal of office of:
1.1. a head of a South African diplomatic or consular mission or a person in the administrative or professional division of the public service serving at a South African diplomatic, consular or trade office abroad; or
1.2. a consul-general, consul, vice-consul or consular agent of the United Kingdom or any person acting in any of the aforementioned capacities or a pro-consul of the United Kingdom; or
1.3. any Government authority of such foreign place charged with the authentication of documents under the law of that foreign country; or
1.4. any person in such foreign place who shall be shown by a certificate of any person referred to in paragraph (i), (ii) or (iii) or of any diplomatic or consular officer of such foreign country in the Republic to be duly authorised to authenticate such document under the law of that foreign country; or
1.5. a Notary Public in the:
1.5.1. United Kingdom of Great Britain and Northern Ireland (England or Ireland);
1.5.2. Zimbabwe;
1.5.3. Lesotho;
1.5.4. Botswana;
1.5.5. Swaziland; or
1.6. a Commissioner Officer of the South African Defence Force as defined in section 1 of the Defence Act, 1957 (Act 4 of 1957) in the case of a document executed by any person on active service.
Please note that if the foreign country is a party to the Hague convention, authentication in terms of the provisions of the convention may be done instead of following the procedure as set out in High Court Rule 63.
Source: https://www.dirco.gov.za/consular-notarial-services
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