Description

Legalising or authenticating documents is a process of verification of signatures and means that official documents are affixed, sealed and signed either with an Apostille Certificate (where countries are party to The Hague Convention of 5 October 1961), or with a Certificate of Authentication where countries are not party to The Hague Convention.

The Legalisation Section:

• legalises official public documents executed within South Africa for use outside the Republic of South Africa by means of an Apostille Certificate or a Certificate of Authentication
• provides customers with guidelines to obtain the correct signatures or documents
• provides customers with information by telephone, mail or email.

South African Representatives abroad can legalise official documents only if it were first legalised by the relevant Foreign Authority or the Legalisation Section at the Department of International Relations and Cooperation. South African Representatives cannot issue Apostille Certificates - only Certificates of Authentication.

Steps to follow

• First, determine which document you wish to legalise.
• The Legalisation Section can issue the relevant authentication or Apostille Certificate subject to the following rules:
  • the document is not more than a year old
  • you must advise the Legalisation Section about the country in which the document will be used, to allow it to determine whether an Apostille or Authentication Certificate is required
  • before the Legalisation Section can issue the relevant Authentication or Apostille Certificate, the document must be legalised by:
    • a Magistrate, Additional Magistrate or Assistant Magistrate
    • a Registrar or Assistant Registrar of the High Court of South Africa.

• Submit the documents to the Legalisation Section by one of the following means:
  • in person -documents submitted personally can only be collected on proof of receipt. An acknowledgement of receipt is given to you after handing in your documents
  • by courier (return of service paid by the customer).The courier will be supplied with a collection slip which will be needed for the collection of the documents. We have found that some documents are being forwarded to incorrect addresses, for example a document destined for Durban was sent to Dubai.  In order to address this problem the Department will in future not release documents to a courier company unless the company can provide the Legalisation Section with a letter of authority from the client wherein the client authorises the courier company to collect and forward the documents to a specified address. The Department will implement this procedure with effect from 01 November 2008. This will therefore be an additional control measure supporting the measure (the reference number on the collection slip) that is already in place 
  • by registered or fast mail - Include a self-addressed, pre-paid (no cash is accepted) A4-size envelope to allow the Legalisation Section to return the documents. A covering letter, stating the number of documents to be legalised, the country for which the legalisation is required, and your full contact details must accompany the documents
  • via the South African Representative abroad (High Commission, Embassy or Consulate).

The following documents are not accepted:

• abridged documents or computer printouts
• certified copies of marriage, birth, death or police clearance certificates
• certified copies of Certificates of Marital Status (no impediment) or Proof of Citizenship
• certified copies of travel documents or identity documents
• documents certified by Commissioners of Oath to be true copies of the originals. A Notary Public must certify it.

The following documents need not be first legalised by the Court as stipulated above, provided it were signed by the issuing authority:

• Unabridged or full birth, marriage and/or death certificates and letters confirming an individual’s citizenship status, signed and stamped by the authorised Home Affairs’ employee.
• Adoption papers signed and stamped by the Registrar for Adoptions at the Department of Justice.
• Export documentation signed and stamped by a Chamber of Commerce.
• Educational certificates signed and stamped by the authorised employee at the Department of Education.
• Police Clearance Certificates signed and stamped by the Criminal Record Centre of the South African Police Service (a Police Clearance certificate is only valid for three months).
• Letter of No Impediment (marital status letter) signed and stamped by the authorised Home Affairs employee.
• Registration of a company signed and stamped by the Registrar for Close Corporations.
• Medical Certificates stamped and signed by the authorised officials at the Health Professions Council.
• Documents pertaining to the transportation of livestock, including pets, should be stamped and signed by an authorised State Veterinarian.

Legal framework

• Rule 63 of The Rules of the Supreme Court of South Africa, as amended by Government Notice R.500 dated 12 March 1982 and R.801 dated 23 April 1982
• Rules of the High Court of South Africa as published in Government Notice R.277 dated 3 March 1967
• The Hague Convention of 5 October 1961

Service standard

• Public hours are Monday–Friday, 08:30–12:30 (excluding public holidays)
• The Legalisation Section will give a seven days' notice of closure that is not a public holiday.

Cost

The service is free.

Forms to complete

There are no forms to complete, but always indicate the country you intend to use the document.

Contact details

Province: Gauteng    
City/town: Pretoria    
Tel: 012 351 1900
Tel: 012 351 1000 (After hours)    
Fax: 012 329 1752    
Physical address: Department of International Relations and Cooperation (DIRCO), OR Tambo Building, 460 Soutpansberg Road, Rietondale, Pretoria    
Postal address: Private Bag X152, Pretoria, 0001 
E-mail: consular@dirco.gov.za 
Web address: http://www.dirco.gov.za/consular/index.html

List of South African Diplomatic or Consular Representatives abroad:

http://www.dirco.gov.za/foreign/sa_abroad/index.htm