The process of notarial authentication of documents is an essential legal service offered by a notary public. Whether one is emigrating, engaged in an international transaction, or has interests abroad, notarial authentication of documents is required by certain entities and foreign governments for the documents to be legally recognised and valid, either for use within South Africa or abroad.
A notary public in South Africa is a qualified attorney who in addition has written and passed the notary public examination and has been appointed by the High Court to practice as a notary public. Notary publics are qualified to draw certain documents, such as antenuptial contracts, cessions, deeds of servitude, and notarial bonds, as well as to authenticate documents as true copies of the originals.
In South Africa, the Department of International Relations and Cooperation (‘DIRCO’) is responsible for the legalisation of certain documents including documents issued by the Department of Home Affairs, the South African Police Services and education facilities further referred to below. DIRCO offices are located in Pretoria, Gauteng and the original document to be legalised must be sent to DIRCO along with the notarial certified copy. It is thus important to enquire from the foreign party requesting the document whether it requires the legalisation thereof by DIRCO.
Notarial authentication and apostilling
Notarial authentication can either be the formal certification that the document is a true copy of the original or that the signature of the signatory is authentic as checked against the Identity Document or Passport of the signatory. This process is typically required where a document needs to be used in another country which may require proof that the document is authentic and meets their legal standards.
Documents that are capable of being notarially authenticated are, for example, true copies of original documents such as inter alia court orders, agreements, powers of attorney, applications and resolutions. However, certain countries may require certain documents referred to below (see list of documents at https://dirco.gov.za/end-user-certificates/) to be legalised by DIRCO.
In certain instances, the foreign country may also require that the document is further authenticated by their local embassy to confirm that the documents have been signed in South Africa.
Where a document is required for use abroad, there are two methods of authentication which authentication is dependent on the country in which the document is to be used.
- Documents for use in a foreign country not party to the Hague Convention:
Where a document is to be used in a foreign country which is not party to the Hague Convention for the Abolition of the Requirement of Legalisation for Foreign Public Documents (‘The Hague Convention’), the notary will attach a notarial certificate to the document and affix their seal thereto. The notary’s signature must then be authenticated (not apostilled) by the registrar of the High Court.
2. Documents for use in a foreign country party to the Hague Convention:
Where a document has been signed in South Africa and is to be used in a foreign country party to the Hague Convention, the document is authenticated by the notary and the sent to the registrar of the High Court who attaches a certificate thereto with the title ‘Apostille’, together with a signature and seal.
Documents required to be legalised by DIRCO
DIRCO is the authority competent to authenticate the signatures of public officials on original public documents and thus confirm the legalisation thereof. Below are several examples of such cases:
- Educational Documents: Original South African educational qualifications, such as degrees, diplomas, and transcripts, may need to be authenticated for use abroad.
- Birth, Marriage, and Death Certificates: Original personal documents such as birth, marriage, or death certificates issued by the Department of Home Affairs may need to be legalised for use abroad, especially for purposes of immigration, citizenship applications, or estate matters.
- Police Clearance Certificates: Original police clearance certificates issued by SAPS must be sent to DIRCO for legalisation and authentication.
Notarial services
Notarial authentication plays a crucial role in facilitating international transactions and legal processes. Through the process of notarial authentication and apostilling, South African documents can be recognised and accepted in foreign countries around the world.
If you require a document to be notarised or legalised in South Africa, it is advisable to consult with a qualified notary public to guide you through the process and ensure compliance with all legal standards. Our notary publics are available to assist with any queries, so please get in touch with our experienced Notary Services team today.
For Notarial Deeds expertise
Basilio de Sousa basil@abgross.co.za
Farzanah Mugjenkar farzanah@abgross.co.za
Disclaimer
The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.