Written by: NATASHA VAN DEVENTER
2 FEBRUARY 2024
What Is The Meaning Of Apostille?
Every unremitting development in the international sphere necessitates that standardised rules are established and enforced to ensure effectiveness and fairness for all people worldwide. These standardised rules include the effective recognition of a public document that derives either from within the boundaries of one member country, like South Africa, for its use in another member country, like Portugal, or vice versa. This is to avoid the intimidating prospect of navigating through the multifaceted grid of bureaucracy and legal requirements across the two associated member countries.
The standardised rule applicable to the recognition of public documents among member countries, as referred to above, concludes in what is known as the apostille. This article explores what an apostille is, its purpose, and the process of obtaining it.
What Is An Apostille?
An apostille is a unique certificate attached to a public document for a dual purpose: primarily to authenticate the origin of that document and secondarily to provide its legal recognition in a foreign country. The word “apostille” is derived from the French word apostille, which translates to certification. The Hague Convention of 5 October 1961 abolished the Requirement of Legalisation for Foreign Public Documents and introduced the apostille as an international standard.
What Is The Purpose Of An Apostille?
The primary purpose of an apostille is to accelerate the process of authenticating and legalising public documents for use in foreign countries that are signatories to the Hague Convention. The apostille verifies the authenticity, rendering the document valid and recognisable in the destination country without further legalisation, thus facilitating the flexibility of South African citizens and businesses across borders.
What Is The Difference Between Dirco And High Court Apostilles?
The document you require to be apostillised will determine where you get your documents apostillised. Generally, documents issued by a governmental department (such as SAPS, DHA, SANDF, etc.) must go to South Africa’s foreign office to be apostillised. The only place in the country where this can be done is DIRCO in Pretoria.
However, should the document be issued elsewhere, no legalisation can be done on the document. A notary can be consulted, and for a notarised copy that contains the stamp and signature of a notary, that document must go to the High Court where that notary is registered. If the stamp and signature on the specific document are those of a sworn translator, it must go to the High Court where that sworn translator is registered. The same process applies to a Decree of Divorce, which must go to the High Court where the Judge presides.
Which Documents Can Be Apostilled?
Apostilles can be issued for an extensive range of public documents, including:
- Birth-, marriage-, and death certificates
- Educational diplomas and transcripts
- Notarised documents
- Power of Attorney
- Court documents
- Adoption documentation.
It is paramount to note that apostilles are only recognised and accepted in countries that are parties to the Hague Convention.
Why Do Documents Need To Be Notarised Or Apostilled?
The authenticity of a document cannot be judged by the person in the country of destination (where you intend to use the document) or who receives it merely at face value, as the person might not be familiar with the identity or official capacity of the person signing the document or the authority whose seal or stamp it bears. As a result, states or countries require that the origin of a foreign public document be certified by an official who is familiar with the document. The aforementioned resulted in the development of the procedure known as “legalisation.” Therefore, authentication generally refers to the process of verifying or ‘authenticating’ the origin of a public document. Rule 63(1) of the Uniform Rules of Court defines ‘authentication’ as the verification of any signature on a document.
What Is The Legalisation Of Documents?
Legalisation is the process of verifying the signature and seal on an official (public) document. When official public documents are executed within South Africa for use outside the country, they need to be legalised with an Apostille Certificate affixed, sealed, and signed (where countries are party to the Hague Convention) or with a Certificate of Authentication (where countries are not party to the Hague Convention).
Why Is Notarisation Often Part Of The Apostille Process?
Documents like transcripts, Police Clearances or Certificates of Good Standing cannot be apostilled since a government body in South Africa does not issue them. The only way to fulfil the standards for an apostille for these documents is to have a copy of the document notarised first. The notary will sign and stamp the document, and the apostille can then be issued with the notary’s stamp and signature. The same procedure can be used in cases where the country in which you wish to use your documents is also a member of the “Hague Convention.”
The apostille process serves as an authenticity indicator due to the fact that not all foreign countries recognise South African documents. South Africans in a foreign country who intend to use their official documents outside of South Africa can also utilise Consular notarial services. Therefore, should the country in which you wish to use your documents not be a member of the Hague Convention, your documents will be authenticated with a certificate of authentication, also known as embassy authentications or attestations.
Who Can Issue An Apostille Certificate In South Africa?
There are four authorities elected in South Africa to issue an apostille certificate, namely:
- Any magistrate or additional magistrate; or
- Any registrar or assistant registrar of the High Court of South Africa; or
- Any person designated by the Director-General: Justice; or
- Any person designated by the Director-General: Foreign Affairs.
The Department of International Relations and Cooperation (DIRCO) has also been elected as one of the competent authorities with the capacity to issue apostilles. DIRCO, a government department, is responsible for the administration of South Africa’s international relations. The legalisation department renders consular notarial services to the public, which include:
- The legalisation of official (public) documents executed within South Africa for use in another country through an Apostille Certificate (this is done for foreign countries that form part of the Hague Convention); and
- a Certificate of Authentication for countries that are not members of the Hague Convention.
How To Get an Apostille In South Africa
Obtaining an apostille is vital for those needing to use their documents abroad. It expedites the authentication process to present the documents in signatory countries of the Hague Convention.
Burger Huyser Attorneys can assist you whether you plan to work, conduct business, get married, or study internationally. We ensure that you obtain an apostille within a limited time to allow your documents to be recognised and accepted readily.
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
