As the international global community continues to grow, our world is getting smaller and smaller. Additionally, our global village needs standardised rules to ensure efficiency and equity for every person involved, just like any other well-run village. When a public document originates within the borders of one member nation, such as South Africa, it can be used in another, such as Brazil, or vice versa, according to one of these standardised rules. This is done in order to prevent the intimidating possibility of having to follow the two relevant members’ intricate web of legal requirements and bureaucracy.

The apostille is the culmination of the uniform norm that applies to member countries’ recognition of public documents.

What is an Apostille?

When a public document is used in a foreign nation that is a member of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the Hague Convention of 5 October 1961), a specialised certificate known as an apostille verifies the document’s origin. It attests to the legitimacy of the public document’s signature, seal, or stamp, certifying that it is valid and acceptable in another country recognised by the Hague Convention. In essence, it expedites the legalisation of documents, facilitating the use of official documents overseas by South Africans.

The Hague Convention: Countries that are parties

Only public documents performed on the territory of one contracting country and required to be produced on the territory of another signatory country are covered by the Hague Convention. The necessary non-public documents, such as agreements or powers of attorney, are signed and/or executed in front of a notary public if the country in question is a member to the Hague Convention. In order to verify the origin of the underlying document, which needs to include their signature, stamp, and seal, the Notary Public can then attach their certificate of authentication. The High Court or another competent authority in the jurisdiction where the Notary Public practices then receives the documents, and the court or other appropriate authority will attach an Apostille Certificate (Apostille). The Notary Public does not need to authenticate a document if it is an original public document, such as one issued by the Department of Home Affairs; instead, an apostille is directly attached to the original public document.

Non-Party Countries

To make sure that the documents are legally acceptable for use in the relevant country, a separate and more involved authentication procedure must be conducted if that country is not a party to the Hague Convention. The documents are signed and/or executed in the presence of a Notary Public. The documents that need to have the Notary Public’s signature, stamp, and seal will then have their certificate of authentication attached. The Notary Public then forwards the documents to the High Court or another competent authority in the jurisdiction where the Notary Public practices. The court or other appropriate authority will then attach an apostille to certify the Notary Public’s signature. The documents are thereafter sent to the Department of International Relations and Co-operation’s (DIRCO) Pretoria-based Legalisation Section for legalisation. Only registered couriers and postal services can be used to send the documents to DIRCO; response time is six to eight weeks. The documents must also meet DIRCO’s requirements in order to be approved. Following their legalisation by DIRCO, the documents are sent to the applicable country’s embassy or consulate for final authentication, if necessary.

The importance of working with a Legal Expert for Apostille and Legalization

Legalising and apostilling documents can be a difficult and time-consuming process, particularly if you have tight deadlines or are unfamiliar with the law. A legal professional can help expedite the procedure and prevent mistakes or hold-ups. Transcripts, police clearances, and certificates of good standing are examples of documents that cannot be apostilled since they are not issued by a South African government body. To meet the requirements for an apostille for these documents, a copy of the document must be notarised first. After the document has been signed and stamped by the notary, the apostille can be issued bearing the notary’s signature and stamp. If the country where you want to utilise your documents is also a member to the Hague Convention, you can follow the same process.

Conclusion

For anyone who need to use their documents overseas, getting an apostille is essential. Presenting the documents in Hague Convention countries that have signed speeds up the authentication process. Whether you want to work, conduct business, get married, or study abroad, Klagsbrun Edelstein Bosman Du Plessis can help. We make sure you get an apostille as soon as possible so that your documents can be easily recognised and accepted.

By Dineo Makhoali (Candidate Legal Practitioner) | Litigation Department