Legalisation (Authentication) of Official Documents

Introduction / Important Notes / Process to follow / Office hours / Where to find us / How to access the service / Processing times / Legal Instrument / Cost / Forms to be completed / Directory of contacts for official documents

Introduction

Legalising or authenticating documents 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 - for a list of the countries click here), 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/documents;
  
  
• Provides customers with information by telephone, mail and e-mail;
  
  
• South African Representatives abroad can legalise official documents only if these were legalised by the relevant Foreign Authority or the Legalisation Section at the Department of Foreign Affairs. South African Representatives cannot issue Apostille Certificates, only Certificates of Authentication.
  

Important Notes

• Request the relevant foreign representative to advise you which signature they wish to have legalised. As an example, some embassies may want to have the Department of Education to sign copies of educational qualifications and others may want the copies to be notarised by any lawyer who is registered as a notary and signed by the Registrar of the High Court before having the documents legalised.
  
  
• The signature of a Commissioner of Oaths, Notary Public, Justice of the Peace or any court employee who is not a Registrar has to be legalised by a Magistrate, Additional Magistrate or Assistant Magistrate or by a Registrar or an Assistant Registrar of any division of the High Court of South Africa within the jurisdiction of which such Commissioner of Oaths or Justice of the Peace exercises his or her function or such Notary Public is in practice, before documents are submitted to the Legalisation Section for authentication.
  
  
• If you need copies of documents to be legalised (i.e. passport, ID, work contract, etc), these need to be notarised by a Notary Public (any lawyer who is registered as a notary), legalised by the Registrar of the High Court or Magistrate before submitting these to the Department of Foreign Affairs. Copies of official documents signed by a member of the South African Police Service are not accepted. The Legalisation Section cannot legalise copies of documents, whether these are certified true copies or not.
  
  
• Copies of divorce decrees need to be signed and stamped by the Registrar of the High Court/Divorce Court. (Copies must be obtained from the Court where the divorce was granted. The Registrar of that particular High Court must legalise the signature of the clerk who certified the copy).
  

Processes to follow

The document that must be legalised is determined by the customer. The Legalisation Section can issue the relevant authentication or apostille certificate subject to the following rules:

• The document should not be older than one year;
  
  
• The customer needs to advise the Legalisation Section in which country the document will be used to allow the section to determine if an apostille or authentication certificate is required;
  
  
• Before the Legalisation Section can issue the relevant authentication/apostille certificate, the document has to be legalised by:
  - A Magistrate, an additional Magistrate or Assistant Magistrate;
  - A Registrar or an Assistant Registrar of the High Court of South Africa.

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 legalised by Commissioners of Oath to be true copies of the original, cannot be accepted and must follow the route of the Public notary.

The following documents need not be legalised by the Court as stipulated above, provided the documents were signed by the relevant authority as listed below:

A) 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;
B) Adoption papers signed and stamped by the Registrar for Adoptions at the Department of Justice;
C) Export documentation signed and stamped by the relevant Chamber of Commerce;
D) Educational certificates signed and stamped by the authorised employee at the Department of Education;
E) 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);
F) Letter of No Impediment (Marital status letter) signed and stamped by the authorised Home Affairs employee;
G) Registration of a company signed and stamped by the Registrar for Close Corporations;
H) Medical Certificates stamped and signed by the authorised officials at the Health Professions Council;
I) Documents pertaining to the transportation of livestock, including pets, should be stamped and signed by an authorised State Veterinarian.

Office Hours

Opening hours to the public (Monday - Friday, excluding public holidays) 08:30 to 12:30

The Legalisation Section will give 7 days notice of any closure that is not a public holiday.

Where to find us

Postal Address

Chief Directorate: Consular Services (Legalisation Section)
Department of Foreign Affairs
Private Bag X152
Pretoria
0001

Physical Address

Legalisation Section, Eikendal Building
Tulbagh Park
1234 Church Street (Entrance in Duncan Street)
Colbyn
Pretoria
Tel: (012) 351 1268/9
Tel: (012) 351 1273
Fax: (012) 342 9322
Fax: (012) 351 1916
E-mail: legalisation@foreign.gov.za

How to access the service

Documents can be submitted to the Legalisation Section by one of the following means:

• In person (Documents submitted personally can only be collected on proof of receipt);
  
  
• By courier (return service paid by the customer). The courier will be supplied with a collection slip. This slip will be needed for the collection of the documents;
  
  
• By registered or fast mail. Include a self-addressed, pre-paid (no cash will be accepted) A4 size envelope to allow the Legalisation Section to return the documents to the customer upon completion. Documents forwarded by mail must be accompanied by a covering letter, depicting the number of documents to be legalised, the country for which the legalisation is required as well as the full contact details of the sender;
  
  
• Via the South African Representative abroad (High Commission, Embassy or Consulate).

Processing times

Legal Instrument

• The Hague Convention of 5 October 1961
• Rule 63 of The Rules of the High Court of South Africa, as amended by G.N. R.500 dated 12/3/82 and R.801 dated 23/4/82
• Rules of the High Court of South Africa as published in Government Notice R.277 dated 3rd March, 1967
  

Cost

No fees are charged for the processing of documents.

This could change without prior notice as the intention is to introduce fees in 2007/2008.

Forms to be completed

No forms need to be completed. It is, however, important to always indicate in which country the document will be used.

Directory of contacts for official documents

Department of Home Affairs:

• To obtain full or unabridged birth, marriage, death certificates:
  Contact your nearest Regional Office or Home Affairs' Head Office at:
  Dept Home Affairs, 270 Maggs Street, Watloo, Pretoria, 0001
  Tel No: (012) 810 8911.
  
  
• To obtain a Letter of No Impediment (Marital Status):
  Contact the Population (Marriages) Section at the Department of Home Affairs at
  Tel No (012) 810 8126.
  
  
• To obtain a Citizenship Status Letter:
  Contact the Home Affairs Regional Office in Pretoria at 173 Pretorius Street, Pretoria.
  Tel No: (012) 324 1860.

Department of Education: Information Sheet

Educational qualification documents must to be verified by the Department of Education before the Department of Foreign Affairs can authenticate such documents. The relevant section at the Department of Education will stamp and sign a copy of the certificate and issue a covering letter confirming the registration of the educational institution and / or the certificate.

Details of the National Department of Education (Pretoria)

• Authentication of school certificates / Transfer Certificates:

Mr B Makgato – Room 262, Tel No (012) 312 5809
Mr IF Nel – Room 274, Tel No (012) 312 5852, Fax (012) 312 5848
Mr PB Ngubane – Room 258, Tel No (012) 312 5788
Ms N Sibiya  -  Tel No (012) 312 5911 / 312 5843

Address: Van Der Stel Building, 179 Pretorius Street, Pretoria

• Primary and Secondary School Certificates (Grade 1 – 11): The Transfer Card needs to be stamped and signed by the principal of the school and the Education District Director or Deputy Director. The principal of the school needs to provide a letter confirming that the pupil studied at school. Then it should be taken to the National Department of Education to any of the authorized officials mentioned above, who will then issue a confirmation letter for the Department of Foreign Affairs to authenticate the accompanying documents.
• Secondary school certificates (Matric): The original matric certificate, together with a copy, should be taken to the Department of Education for verification.

PLEASE NOTE: Once the Department of Education stamped, signed and issued the confirmation letter(s), the documents should be brought/ sent to the Department of Foreign Affairs, Legalisation Section to affix an “Apostille” or a “Certificate of Authentication” to the document.

• Degrees, Diplomas, Certificates re Educational Institution recognition:

Ms A Meintjes – Room 559, Tel No (012) 312 5261
Ms S Mampane – Room 545, Tel No (012) 312 5256

Address: Sol Plaatje House, 123 Schoeman Street, Pretoria

• The original certificates together with copies should be taken to the Department of Education.
• The Department of Education will stamp and sign the copy and issue a letter stating that the educational institution is a recognised institution.
• The signed copy, together with the letter issued by the Department of Education should be sent/ brought to the Legalisation Section to issue the “Certificate of Authentication/Apostille Certificate”.

Note: The above officials do not deal with private educational institutions.

• Private Higher Education:

Dr EB Mahlobo, Tel No (012) 312 5320
Martha, Tel No (012) 312 5446

Sol Plaatje House, 123 Schoeman Street, Pretoria

• The Department of Education will only be able to assist if the institution is registered with them. Please contact the Department to verify if the institution is registered with them before taking the certificate to them.
• If the institution is not registered with the Department of Education, the customer will need to follow the procedure below:
  
  
  • Have copies of the certificates notarised by the Public Notary (an attorney who is registered with the High Court)
  • After the copies have been notarised, the documents need to be authenticated by the Registrar of the High Court within the same jurisdiction where the Public Notary practices.
  • After authentication by the High Court, the authenticated document(s) must be sent /brought to the Department of Foreign Affairs, Legalisation section for the “Certificate of Authentication/Apostille” to be affixed to the document.

South African Police Service:

• To obtain a Police Clearance Certificate:
  Contact the Criminal Record Centre of the SAPS at
  Tel No (012) 393 3709 or Fax No (012) 393 3909.
  

Health Professions Council:

• To verify medical certificates confirming your health status (not to be confused with medical qualifications):
  Contact the Health Professions Council at 553 Vermeulen Street, Arcadia, Pretoria.
  Tel No: (012) 338 9300