High Court and the DIRCO Apostille Explained

When you need to have a document authenticated for international use, one of the most common procedures you’ll encounter is the apostille process. However, depending on the type of document, you may need to obtain your apostille from two different authorities in South Africa: the High Court or the Department of International Relations and Cooperation (DIRCO).

At Burger Huyser Attorneys, we frequently assist clients with apostille services, and many ask us about the difference between the High Court Apostille and the DIRCO Apostille. In this blog, we’ll explain what each type of apostille is, the difference between them, and when you should use one over the other.

What is a High Court Apostille in South Africa?

The High Court Apostille applies to documents that are not public records or documents that are signed by private individuals. Typically, these are documents that require notarization or have been issued by private parties.

Here’s when you would need a High Court Apostille:

  • Notarised Documents: Documents like powers of attorney, affidavits, or sworn statements that have been notarized by a notary public must be authenticated by the High Court. The High Court ensures that the notary’s signature and seal are genuine and that the document has been properly executed.
  • Court Documents: If a document was issued by a South African court, like a judgment or order, it may require an apostille from the High Court to verify its authenticity.
  • Private Contracts or Agreements: Contracts signed by individuals, including business agreements or personal agreements, may require High Court apostille if they are intended for use in a foreign country.

How Does the High Court Apostille Process Work?

To obtain an apostille for a document that requires High Court authentication, the process involves submitting your notarized or court-issued document to the High Court for verification. The High Court will then certify that the document is genuine and legally valid for international use.

It’s important to note that the High Court apostille is usually required for documents where the authority or signature involved is not part of a public institution or government office.

What is a DIRCO Apostille in South Africa?

On the other hand, the DIRCO Apostille applies to public documents issued by South African government authorities. This includes official records such as birth certificates, marriage certificates, and academic transcripts that have been issued by recognized public institutions.

Here’s when you would need a DIRCO Apostille:

  • Government-issued Documents: Birth certificates, marriage certificates, death certificates, and divorce decrees issued by government departments need a DIRCO apostille.
  • Educational Documents: Academic records such as diplomas, transcripts, and certificates issued by universities, colleges, or other educational institutions.
  • Public Notary Documents: While some notary documents go through the High Court, others, like notarial deeds or authenticated documents that were issued by a public notary, may require a DIRCO apostille.

How Does the DIRCO Apostille Process Work?

The Department of International Relations and Cooperation (DIRCO) is the authority responsible for issuing apostilles for public documents in South Africa. DIRCO verifies that the document was issued by a recognized public authority and attaches the apostille certificate.

This process is simpler than the High Court apostille because it doesn’t involve the notarization or private signing of documents—it focuses on validating documents that are already considered public records.

Key Differences Between High Court Apostille and DIRCO Apostille

Now that we’ve explained both processes, let’s summarize the key differences between the High Court Apostille and the DIRCO Apostille:

Aspect High Court Apostille DIRCO Apostille
Applicable Documents Notarized documents, private contracts, court-issued documents Government-issued documents, educational certificates, public notary documents
Issued By The High Court of South Africa The Department of International Relations and Cooperation (DIRCO)
Common Documents Powers of attorney, affidavits, private contracts Birth certificates, marriage certificates, academic records
Process Submit notarized or court-issued documents to the High Court Submit public documents to DIRCO for authentication
Use Private documents for international use Public documents for international use

When to Choose High Court Apostille vs DIRCO Apostille?

Choosing between the High Court apostille and the DIRCO apostille depends on the type of document you are dealing with. Here’s a quick guide:

  1. If your document is issued by a government authority (e.g., birth certificate, marriage certificate, or academic transcript), you will need a DIRCO apostille.
  2. If your document is notarized or issued by a private party (e.g., power of attorney, affidavit, or contract), you will need a High Court apostille.
  3. If you’re unsure about which apostille is needed for your documents, it’s best to consult with a legal expert, such as Burger Huyser Attorneys, to guide you through the process.

The High Court Apostille and the DIRCO Apostille are both essential parts of the document authentication process, but they apply to different types of documents. Understanding which one you need will help you ensure that your documents are properly authenticated for international use.

If you’re unsure which apostille service you require, or if you need assistance with the process, Burger Huyser Attorneys is here to help. We specialize in apostille services, guiding clients through the complexities of document legalization to ensure their paperwork is valid for use abroad.

Contact us today for expert advice and assistance with your apostille needs!

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE