The authentication of documents is required when such document is signed in one country, but is to be used in another. When the document is authenticated, it will then be recognised as a legal document in the foreign country in which it is to be used.
Two options are available in order to have a document authenticated:
1. First Option: The first option, being the short option, is only available to countries who are party to the Convention for the Abolition of the Requirement of Legalisation for Foreign Public Documents (known as the Hague Convention). South Africa is a party to the Hague Convention and as such, public documents issued in South Africa may be authenticated using this option.
Therefore public documents, such as birth, marriage and death certificates, police clearances, notarial deeds, court orders, company registers etc, will be authenticated by a “competent authority” as designated by each convention party, by adding a certificate thereto, known as an Apostille.
South Africa has designated 4 competent authorities to issue the Apostille, namely any Magistrate, Registrar of the High Court, or any person designated by the Director-General of the Department of Justice or the Director-General of Foreign Affairs.
It is however general practice that the type of document being authenticated will determine which of the above authorities will have the power to authenticate the documents concerned. Generally, documents issued by governmental departments, such as Home Affairs or the South African Police Service, must be authenticated by DIRCO in Pretoria. So the original of such document will be sent to DIRCO and the Apostille will be attached to it. Other public documents (a copy thereof) must first be notarised by a Notary Public, which will then be authenticated (apostilled) at the High Court, which has jurisdiction in the area in which such Notary practices.
2. Second Option: The second, and longer process, will have to be followed where the country in which the documents are to be used is not a party to the Hague Convention. In this scenario, the document concerned will first be notarised by a Notary Public, the Notary’s signature is then authenticated by a Magistrate or Registrar of the High Court, whose signature is in turn authenticated by the Director-General of the Department of Justice, whose signature is finally authenticated by the Director-General of Foreign Affairs.
Depending on which country the document will be used, such country may further require that their local Embassy also approve the document concerned.
Contact us if need assistance with the authentication of documents.