AUTHENTICATION OF DOCUMENTS
SPECIAL AUTHENTICATION REQUIREMENTS MUST BE MET WHEN A DOCUMENT, REQUIRED FOR FORMAL USE IN SOUTH AFRICA, IS SIGNED OUTSIDE OF OUR BORDERS.
Herewith guidelines how to sign the transfer documents which will be valid for formal use in South Africa:-
THE GENERAL RULE FOR ALL COUNTRIES
In terms of High Court Rule 63, documents must be signed by the parties in the presence of any of the following:
- The head of the South Africa diplomatic/consular mission;
- A person in the administrative or professional division of the public service serving as a South African diplomatic consular abroad;
- Any government authority of such foreign jurisdiction charged with the authentication of documents; or
- The consul-general, consul, vice-consul, or consular agent of United Kingdom in that foreign jurisdiction.
An authentication certificate, signed by the above person, must be attached to the documents.
RULES APPLICABLE TO CERTAIN COUNTRIES
Botswana, Lesotho, Great Britain and Northern Ireland, Swaziland, and Zimbabwe
In these countries, it is sufficient for the document to be signed by the parties in the presence of a Notary Public practising in that country. The Notary Public must identify the signatures, sign the document, and affix his/her seal of office to the documents
Member states of The Hague Convention
If a country is a party to The Hague Convention, the document must be signed by the parties in the presence of a Notary Public (or person of similar office) in that member country. The Notary Public will attach their certificate of authentication to the document, which must bear their signature, stamp, and seal. The Notary Public then sends the document to a court or other competent authority in the area in which they practise. Thereafter, an Apostille Certificate (Apostille) is affixed to authenticate the Notary Public’s signature.
VERY IMPORTANT:
- Documents must be signed clearly and in black ink; and
- Where a document consists of more than one page, documents should be printed on one side only, all pages must be initialled at the bottom right-hand corner by all parties and witnesses, and the full signatures must appear on the last page
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