Question
I am currently abroad and need to sign documents that are to be used in RSA. How do I go about this to ensure the documents are accepted in RSA?

Answer
Because these documents are not being signed in SA, Rule 63 of the Uniform Rules of Court (Supreme Court Act 59 of 1959) prescribes the formalities that would apply for the documents to be acceptable for use within the republic and the Deeds Office. The origin of the document/s needs to be authenticated or legalised by a competent authority.

The first question that needs to be asked is: what is the country (origin)  from which you will be signing the documents?  The procedure as stipulated in Rule 63 applies to any foreign country, whereas, to follow the Hague Convention procedure, only member states (i.e. countries that have signed the Hague Convention) can apply this procedure (i.e. both the country from which the document emanates and the country in which it will be used must be members).

If the country in which you are signing the document forms part of the Hague Convention, you have the option of either Rule 63 OR the Hague Convention.

Rule 63 prescribes that the document must be signed as follows:

  1. by the signatories; and
  2. Authentication of the document by means of a certificate attached to the document, which certificate must be issued and signed by; and bearing the seal of office of, any of the following:
  • The head of the South African diplomatic or consular mission; or
  • person in the administrative or professional division of the public service serving as a South African diplomatic, consular or trade office abroad; or
  • any Government authority of such country charged with the authentication of documents under the law of such country; or the consul-general; consul; vice-consul or consular agent of the United Kingdom.

High Court Rule 63(2)(e) provides an alternative procedure but only for the following specified countries: Zimbabwe, Swaziland, Lesotho, United Kingdom of Great Britain and Northern Island and Botswana. The procedure to be followed in this instance is that the signatories must sign the document, and a notary public practising in such country must identify the signatories, sign the document and affix his/her seal thereto.

The Hague Convention prescribes that the document must be signed as follows:

  1. by the signatories; and
  2. Authentication of the document by means of a certificate attached to the document, which certificate must be issued and signed by; and bearing the seal of office of, any of the following:
  • The head of the South African diplomatic or consular mission; or
  • person in the administrative or professional division of the public service serving as a South African diplomatic, consular or trade office abroad; or
  • any Government authority of such country charged with the authentication of documents under the law of such country; or the consul-general; consul; vice-consul or consular agent of the United Kingdom..