DIRCO Legalization

DIRCO Legalization

Introduction
Consular notarial services are rendered to South African citizens and foreign nationals requiring South African official (public) documents to be legalised for use abroad.  These services are rendered to provide legal validity to South African official (public) documents to enable a person to use the documents outside the Republic of South Africa. Legalising documents means that official (public) documents executed within the Republic of South Africa for use outside the Republic of South Africa are affixed, sealed and signed either with an Apostille Certificate (where countries are signatory to the Apostille Convention) or with a Certificate of Authentication (where countries are not signatory to the Apostille Convention).



Legalisation therefore basically means the process followed by which the signature and seal on an official (public) document is verified.

Note:  The full description of the Apostille Convention is The Hague Convention of 5 October 1961 (Abolishing the Requirement of Legalisation for Foreign Public Documents).  Please visit The Hague Conference on Private International Law – http://www.hcch.net for further information on signatory countries.

Note:  South African diplomatic or consular representatives abroad can legalise official documents only if these were legalised by the relevant foreign competent authority in their country of accreditation, for use within South Africa.  South African diplomatic or consular representatives abroad cannot issue Apostille Certificates, only Certificates of Authentication.
The DIRCO – Legalisation Section provides the following service:

  • Legalises official (public) documents executed within the Republic of 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, if documents submitted are incorrect or incomplete.
  • Provides customers with information by telephone, mail and e-mail.

Prerequisite to request for consular notarial services
The document to be legalised is determined by the customer.  Legalisation staff are not able to advise customers as what documents they need to submit for i.e. foreign work/residence permits; application for foreign citizenship or registration of birth; or to obtain a foreign passport, etc.  Customers are therefore advised to contact the foreign representative in South Africa of the country in which the document will be used directly to determine what documents they will need to submit and which documentation will be required for legalisation purposes and what their countries specific requirements are, etc.
The Legalisation Section can issue the relevant Apostille Certificate or the Certificate of Authentication subject to the following rules:



  • The customer needs to advise the Legalisation Section of the country in which the document will be used to enable the Legalisation Section to determine if an Apostille Certificate or Certificate of Authentication is required.
  • The period of validity of the document has not expired.
  • Refer below for the relevant important notes for additional guidance and information on the various different types of documentation.

The following types original official (public) documents can be submitted directly to the Legalisation Section, provided the documents were signed and stamped by the relevant issuing authority, as listed below:

  • The original unabridged or full birth, marriage and/or death certificates; original (valid) letters of no impediment (marital status);  letter confirming an individual’s citizenship status (letters confirming naturalization) and renunciation letters as issued and duly signed and stamped by the authorised Home Affairs official.  (Refer to the “important notes” below for further guidance and information pertaining to these types of civic documentation.)
  • The original (valid) Police Clearance Certificate as issued, signed and stamped by the South African Police Service (SAPS) – Criminal Record and Crime Scene Management [previously referred to as the Criminal Record Centre (CRC)].  (Note:  A Police Clearance Certificate is only valid for six (6) months from date of issue.
  • The original adoption papers signed and stamped by the relevant Presiding Officer / Commissioner of Child Welfare of the Children’s Court (Department of Justice and Constitutional Development) or the Registrar of Adoptions at the Department of Social Development.
  • Original Confirmation Letters as issued (stamped and signed) by the Department of Transport – Road Traffic Management Corporation (RTMC) confirming that the applicant holds a valid driver’s licence.  (Note: The Legalisation Section cannot legalise actual driver’s licences.).