Overview

Legalizing South African translated public documents for international use

Legalizing South African translated public documents for international use involves obtaining an apostille, which is a certificate that verifies the authenticity of a public document, making it acceptable in other countries. This process simplifies the legalization of documents for international use¹.

Sworn Translation Apostille Process

The process involves an authority confirming that a document is genuine and has been translated by an official recognized by the South African High Court under Rule 59 of the Supreme Court rules. This is essential for documents like birth certificates, court orders, or corporate records when needed in other countries².

Sworn Translation Issuing Authorities

In South Africa, the High Court is responsible for issuing apostilles for sworn translations³.

Eligible Document Types

A wide range of documents can be presented for Sworn translation apostille, provided they are public documents. These include:

Personal Documents

• Death Certificates
• Divorce Decrees
• Adoption Papers
• Medical Records

• Birth certificates,
• marriage certificates,

Educational Documents

• Diplomas
• Transcripts
• Professional Certifications

Corporate Documents

• Business Licenses
• Contracts and Agreements
• Financial Statements
• Shareholder Resolutions
• Articles of incorporation,
• patents,
• export certificates.

Government-Issued Documents

• Police Clearance Certificates
• Immigration Documents
• Tax Records

Specialized Documents

• Power of Attorney
• Wills and Testaments
• Affidavits

Important note regarding Sworn translation apostille:

When preparing documents for translation to acquire a sworn translation apostille, it is essential to carefully consider the following technical aspects:

Document Authenticity:

• Ensure that the documents are original and issued by a recognized authority. It’s important to verify that there are no alterations or damages to the documents.

Clarity and Legibility:

• Ensure that all details are clear and legible to prevent any ambiguity. This is especially critical for personal documents such as birth, marriage, or death certificates.

Educational Credentials:

• Confirm that educational documents bear the institution’s seal and official signature. These elements are essential for the document’s acceptance under the apostille convention.

Legal Endorsements:

• Verify that any legal endorsements, such as a notary public’s seal or commissioner of oaths’ affix, are clearly visible and undamaged. This is crucial to maintain the integrity of the apostille process.

Additional South African public documents that may require a sworn translation apostille for international use include:

• Academic Transcripts
• Diplomas and Degrees
• Court Documents
• Power of Attorney
• Adoption Documents
• Business Registration Documents
• Property Ownership Documents
• Medical Reports or Certificates

Understanding the process of obtaining an apostille for sworn translations is crucial for streamlining international transactions. The sworn translation apostille facilitates the authentication of documents without requiring additional authentication, thereby expediting the recognition of documents across borders. This is particularly vital for personal and professional activities worldwide. Acquiring a sworn translation apostille stamp enhances the validity of documents in different countries. Utilizing High Court apostille services simplifies the legalization of documents through a recognized process that adheres to international standards. This instills confidence in the authenticity of translated documents, which is essential for international business, education, and other activities in countries that are part of the Hague Convention 1961 and have official languages other than English.

• Apostilling sworn and translated documents is highly recommended for use in countries whose official language is not English and are party to the apostille convention. Examples of such countries include: Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahrain, Barbados, Belarus, Belgium, Belize, Bolivia, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Cabo Verde, Chile, China, Colombia, Croatia, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Ireland, Israel, Italy, Japan, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Macau, Malta, Mexico, Moldova, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russian Federation, Samoa, São Tomé and Principe, Saudi Arabia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Türkiye, Ukraine, Uruguay, Uzbekistan, and Venezuela.
• South Africa’s High Courts provide authoritative legal certification for translated documents. In cases where a country’s embassy or consulate requires South African government documents, such as birth certificates, marriage certificates, death certificates, police clearances, or business certificates, to be used in foreign countries where English is not the official language, it is imperative to have them translated by a sworn translator to ensure their validity. This is in accordance with Rule 59 of the Supreme Court and Act 8 of 2014 of the South African Language Practitioners’ Council, which mandates that sworn translations must be performed by South African registered sworn translators and validated by the chief registrar in the South African High Court to ensure their validity.

Below are the instructions for obtaining certification for international use of your translated documents:

1. Email PDF copies of your documents to [email protected] or [email protected] and let them know which country you’ll be using the documents in.
2. If the embassy or institution where you’ll be using the documents has specific translation requirements, make sure to tell us.
3. Once the translation is done, the documents will be taken to the South African High Court office to be certified.

Important note:

This process applies to all official documents from South Africa, including court orders and extradition documents. You won’t need to get the documents authenticated at the DIRCO or embassy. After this process, you can use the documents in any country that is part of the Apostille convention.

If you plan to use the documents in countries not part of the Apostille convention, you should look into the “Authentication of South African sworn translations for use in countries that are not parties to the Apostille Convention” section.

It’s also a good idea to check if the organization you’re submitting the documents to has any specific requirements for the Apostille certificate or Certificate of Authentication. They might have rules about accepting recent documents, translations, originals only, and more. If you need more information, feel free to email [email protected].

Sworn translation legalization by DIRCO (Department of International Relations and Cooperation).

Sworn translation legalization is a crucial process for ensuring the recognition of South African public documents in non-English speaking foreign countries that are not part of the apostille convention. The process involves several steps, including notarization by a notary public, translation by an authorized translator, authentication of signatures, certification by the Department of International Relations and Cooperation, and further attestation by consular authorities. This rigorous process is essential for verifying the authenticity of documents like educational certificates, marriage certificates, and commercial documents for international use.

In South Africa, the process of legalizing translated public documents and embassy attestation involves the following steps:

Option 1: Notary and Sworn Translator

1. Notarization: The document is notarized by a notary public to authenticate the document and the signer’s signature.
2. Sworn Translation: The notarized document is translated by a sworn translator of the South African High Court and authenticated by the Chief Registrar’s office to confirm the translator’s signature, if registered within the division of the High Court.
3. Authentication by DIRCO: The Department of International Relations and Cooperation authenticates the signature of the Chief Registrar who affirmed the registration of the notary public, confirming the authenticity of the signature and seal.
4. Embassy Attestation: The authenticated translated document is submitted to the embassy or consulate of the destination country for legalization. The embassy verifies the authenticity of the sworn translation and affixes its seal or stamp to complete the attestation process.

It is crucial to verify whether the destination country is a non-apostille convention member to ensure compliance with the appropriate procedures.

Option 2: Sworn Translator:

1. According to rule 59 of the South African Supreme Court, documents must be translated by a sworn translator, especially for countries that do not have English as an official language, such as Mozambique, Angola, United Arab Emirates, etc.
2. After translation, the document is authenticated by the chief registrar’s office to validate the signature of the sworn translator if registered within the division of the High Court.
3. The Department of International Relations and Cooperation (DIRCO), previously known as South African Foreign Affairs, then authenticates the chief registrar’s signature, affirming the registration of the public notary, ensuring the authenticity of the seal and signature.
4. Finally, the authenticated document is submitted to the embassy or consulate of the destination country for legalization. The embassy verifies the document’s authenticity and affixes their seal or stamp, concluding the attestation process.

Attestation (Legalization) of Sworn translation by the Embassies in South Africa

It may be necessary to provide an authenticated and attested sworn translation of South African documents to various countries, including Algeria, Angola, Bangladesh, Benin, Burkina Faso, Burma (Myanmar), Cambodia, Cameroon, Congo Democratic Republic, Congo Republic, Cuba, Egypt, Eritrea, Ethiopia, Guinea, Haiti, Iran, Iraq, Ivory Coast, Kuwait, Laos, Libya, Mauritania, Mozambique, Nepal, Niger, Palestine, Qatar, Saudi Arabia, Senegal, Sierra Leone, Sudan, Syria, Taiwan, Tanzania, Thailand, Togo, Turkmenistan, United Arab Emirates, Vietnam, and Yemen.

In accordance with South African Rule 59 and Language Practitioners’ Council Act 8 of 2014, to ensure the legal validity of a sworn translation, it must be performed by South African registered sworn translators.

• To request sworn translation, please send PDF copies of your documents to the sworn translators of the South African High Court at [email protected] or [email protected] and specify the country where the document will be used.

It’s important to note that documents and certificates issued by certain authorities, such as the Department of Home Affairs, RTMC, South Africa Police Criminal Record Centre, Health Professions Council of South Africa (HPCSA), South African Qualifications Authority (SAQA), Council for Quality Assurance in General and Further Education and Training, Department of National Education, etc., should not be translated before authentication. Instead, it is recommended to submit the original documents for this process.

Common South Africa Translated Documents Requiring Embassy Attestation:

• Educational Certificates: Degrees, diplomas, and transcripts for higher education, SACE Certificate, TEFL Certificate, TESOL certificate, or employment purposes.
• Personal Documents: Unabridged Birth certificates, Unabridged marriage certificates, and police clearance certificates for immigration or family reunification.
• Commercial Documents: Invoices, contracts, and certificates of incorporation for business transactions and trade.