AUTHENTICATION

OF DOCUMENTS 

SIGNED OVERSEAS TO BE USED IN SA
  • Are you a seller who is overseas while your property is being sold in SA and you need to sign the transfer documents?

  • Are you a purchaser who is overseas and need to sign transfer documents to be lodged in SA?

THEN such documents need to be properly authenticated to be accepted by our deeds registries.

HOW CAN DOCUMENTS BE AUTHENTICATED

Documents executed outside of the Republic of South Africa shall be regarded as duly authenticated if it complies with:

  1. Rule 63 of the High Court Rules of South Africa OR

  2. The provisions of the Notice 773 of 1995 published in Government Gazette No. 16609 dated 18 August 1995 (Accession to the Convention Abolishing the Requirement of Legislation for Foreign Public Documents) (Apostille)

SO WHAT IS THE DIFFERENCE?
Rule 63 of the High Court Rules applies in respect of documents authenticated in any country outside of the Republic of South Africa.
  • (Accession to the Convention Abolishing the Requirement of Legislation for Foreign Public Documents) (Apostille) only applies to countries that are parties to the convention.

 

WHAT IS THE PROCEDURE?
  1. Rule63 OR

  2. Apostille

1. Rule 63 of the High Court Rules

In terms of authentication of documents executed outside the republic for use within the republic, Rule 63 provides the following:

  • The word “document” means any deed of contract, power of attorney, affidavit or other writing, but does not include an affidavit or solemn or attested declaration purporting to have been made before an officer prescribed by Section 8 of the Justice of peace and commissioner of oaths act.

  • Any document executed in any place outside the Republic shall be deemed to be sufficiently authenticated for the purposes of use in the Republic if it be duly authenticated at such foreign place by the signature and seal of office of –

  1. the head of a South African diplomatic mission, or a personintheadministrative/ professionaldivision of the public service serving

  2. at a South African diplomatic/ trade office abroad;

  3. a consul- general, consular, vice counsel, or consular agent of the UK or any person acting in the aforementioned capacities; any Government authority of such foreign place charged with the authentication of documents under the law of that foreign country;

  4. any person as mentioned in (1) (2) or (3) who can be identified by way of a certificate, or any diplomat or consular officer of that foreign country in the Republic to be duly authorised to authenticate such documents under the law of that foreign country;

  5. a notary public in the UK of great Britain and northern Ireland or in Zimbabwe, Lesotho, Botswana, Swaziland (No other county);

  6. a commissioned officer of the South African Defence force in the case of a document executed by any person on active service

If any persons authenticating a document in terms of the aforesaid sub-rules; has no seal of office, then he shall certify thereon under his signature to that effect.

So, if you are signing the documents in:

  • Great Britain;

  • Northern Ireland;

  • Zimbabwe;

  • Lesotho;

  • Botswana; or

  • Swaziland

You can have the documents authenticated by a Notary Public.

If you are signing the documents in any OTHER country, you will need to have the documents authenticated by: The persons listed in Rule 63(2)(a-d).

CONTACT US

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Email:   admin@psilver.net

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PO Box 87249, Houghton, 2041

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