High Court Apostilles

Notary Public & Apostilles

Notarization & High Court Apostilles

Notarisation refers to a process used to deter fraud and to verify the authenticity of a document. When a Notary Public notarises a document, it is a three-part process which includes the vetting, certification, and record-keeping of all official documents.

Notarisation by a Notary Public ensures that a document is authentic, that the signatures on that document are authentic, that the signer was not forced to sign the document, and that the document’s terms are in full force and effect.

A Notary Public’s main duty is to verify the signer’s identity, willingness, and awareness to sign the document, which helps to detect and deter document fraud, as well as coerced and incompetent signings of documents. This process was designed to help lighten the load of the court system and solidify the network of trust. After notarisation, a document can undergo further verification such as an Apostille.

Before South African documents can Legally be used abroad, they must be properly Authenticated. The country to which you are traveling to will determine the authentication process that has to be followed. Authentication can be simplified if the country you are traveling to is a member of the Hague Convention, but where the Country does not form part of the Convention, a Certificate of Authentication by the High Court will often be required.

Rule 63 of The Rules of the High Court of South Africa regulates the requirements for Authentication where documents are executed within South Africa for use abroad.

Whenever a country does not form part of the Hague Convention, South African documents will have to be signed and/or executed in the presence of a Notary. The Notary Public will then attach a Certificate of Authentication to that signed document that also bears the Notary’s signature, stamp, and seal.