Document legalisation is an administrative procedure by which an official document issued in South Africa (e.g. administrative documents, notarial deeds, educational certificates, court documents, etc.) is confirmed as legitimate and valid for use outside South Africa. However, the specific legalisation requirements vary depending on the destination country, and this is where the two primary legalisation methods come into play: Apostille and Embassy Legalisation. Both methods aim to ensure documents issued in South Africa hold the same weight and credibility abroad, but they differ significantly in their procedures and applicability.
The differences between these two methods can be complex, and you might wonder in which situations you need one over the other. This guide will explain both methods and delve deeper into what is the differences between an apostille and embassy attestation, helping you understand which one applies to your situation.
What is an apostille?
An apostille is a simplified form of legalisation used between countries that are signatories to the Apostille Convention, also known as the Hague Convention of 1961. This international treaty was created to make the process of authenticating documents for international use simpler and more standardised.
An apostille certifies the authenticity of a document by verifying the signatures and seals of the issuing authority. Once a document has been issued with an apostille, it is recognised by all other member countries of the Hague Convention without the need for further legalisation.
The South African High Court and the Department of International Relations and Cooperation (DIRCO) both issue apostille certificates, which are then directly affixed to the document.
Countries that accept apostilles include South Africa, Netherlands, France, Germany, Australia, Italy, Spain, and 85 other countries which are signatories to the Hague Convention. South Africa became a member of the Hague Apostille Convention on the 30th of April 1995, which means documents apostilled in South Africa can be used in other signatory members of the Hague Apostille Convention.
What is Embassy Legalisation ?
Embassy Legalisation, also known as consular legalisation, is the traditional method of document legalisation required when dealing with countries that are not signatories to the 1961 Hague Convention. This process is more complex and time-consuming, The document is verified by a series of signatures, beginning with the first signatory and concluding with the diplomatic or consular of the country in which the document is to be used. A number of countries, primarily in the Middle East, still require this kind of legalisation.
The specific requirements can vary significantly from one country to another. Some common requirements in non-Hague Convention countries may include:
- For legal documents, the legalisation procedure is initiated by a notary public attesting to the signature of an individual on a formal document. The Notary Public, having endorsed the document with their signature and official seal as part of their notarial act, will arrange for it to be presented to the Registrar of the High Court. The purpose of this presentation is to verify the signature and seal of the Notary Public.
- The document is then submitted at the Consular Section of the Department of International Relations and Cooperation (DIRCO) in Pretoria for the purpose of having the signature of the High Court Registrar verified. For police clearance certificates, SAQA verification letter and DHA document the process start at the consular section of DIRCO.
- Finally, it is presented to the diplomatic or consular representative in Pretoria (or Cape Town of the foreign country in which it is intended to be used, for the purpose of having the DIRCO Officer’s signature legalised.
Several countries were not signatories to the Hague Apostille Convention at the time of publication. It is important to note that countries’ status with regard to international treaties can change over time, so it is advisable to consult a reliable source or the Hague Conference on Private International Law for the most up-to-date list. As of 2020, countries that were not signatories to the Hague Apostille Convention included:
Afghanistan, Algeria, Angola, Bangladesh, Benin, Bolivia, Burkina Faso, Burma Myanmar, Burundi, Cambodia, Cameroon, Congo Republic, Congo Democratic, Cuba, Egypt, Eritrea, Ethiopia, Ghana, Guinea, Haiti, Indonesia, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kenya, Kuwait, Laos, Lebanon, Libya, Macedonia, Madagascar, Malaysia, Mali, Mauritania, Morocco, Mozambique, Myanmar, Nepal, Niger, Nigeria, Pakistan, Palestine, Qatar, Rwanda, Sierra Leone, Singapore, Sri Lanka, Sudan, Syria, Taiwan, Tajikistan, Tanzania, Togo, Thailand, Tunisia, Turkmenistan, UAE (United Arab Emirates), Uganda, Vietnam, Yemen, Zambia, Zimbabwe
Key differences between an apostille and embassy legalisation
Now that we have covered the basics of both apostilles and embassy legalisation, let’s summarise the main differences:
- Accessibility: An apostille is only valid in countries that are members of the Apostille Convention, while embassy legalisation is required for countries that are not part of this treaty.
- Verification Process: Obtaining an apostille is a relatively simple and quick process involving just one authority. In contrast, embassy legalisation requires approval from multiple authorities, including the consulate or embassy of the destination country.
- Validity and Acceptance: A document attested by an embassy is valid only in the specific country whose embassy has authenticated it. This implies that you might have to repeat the attestation procedure if you wish to use the same document in a different country. While all Hague Apostille Convention signatories will accept an apostille as long as the country the apostilled document is from is part of the Hague Convention.
- Cost: Generally, an apostille is cheaper than embassy legalisation, as the legalisation process involves multiple steps and therefore incurs higher costs.
- Processing Time: Since an apostille requires only one stamp, it can usually be obtained within a few days. The embassy legalisation process, however, can take weeks, depending on the authorities involved.
Common mistakes to avoid
Choosing the wrong method – such as apostilling documents for non-Hague countries, while others use embassy attestation for countries which are part of the Hague Apostille.
Not verifying document type – Some documents require pre-authentication, such as your degree. In South Africa, you first need a SAQA verification letter for your degree before proceeding to the next step. While other documents, such as the power of attorney, need notarisation first.
Delaying the process – It’s best to get started as soon as possible because legalisation can take time.
Global Apostille : Your Trusted Partner in Document Processing:
If you’re unsure about which process you need to follow or need help with document legalisation, using an agency like Global Apostille can make a huge difference. We are well-versed in the legal procedures and can handle your documents accurately, quickly, and securely. Whether you’re in Pretoria, Johannesburg, Durban or Cape Town, Global Apostille will guide you through this complex process and ensures a careful and efficient handling of the procedure.
Feel free to reach out to us for expert guidance and support. For more information about our apostille services, please contact us at 012 348 3134 or 081 347 6060 or you can email us at info@apostillelegalisation.co.za or visit our website www.apostillelegalisation.co.za.
FAQs about what is the difference between an apostille and embassy attestation
1.How do you know if you need an apostille or Embassy legalisation?
It can be confusing to determine whether you need an apostille or embassy legalisation for your document. The easiest way to find out is to check if the country in which you intend to use the document is a signatory to the Apostille Convention. You can easily search for this information online or ask the issuing authority. If so, you will usually only require an apostille. If not, you will need to undergo the full legalisation process.
2.Who can apostille/ legalise documents in South Africa?
In South Africa, the authorities responsible for apostille and Embassy Legalisation documents are the South African High Court, the Department of International Relations and Cooperation, and the embassies.
3.Why don’t all countries join the Apostille Convention?
Each country has its own legal system, internal procedures, and international cooperation issues; hence, not all countries join the Hague Apostille Convention. Some nations may be concerned about how the Convention would affect their legal system, or they may prefer their current document authentication procedures.
4.What is the difference between a DIRCO and a High Court apostille?
You will require a DIRCO apostille if your document (such as a birth certificate, marriage certificate, or academic transcript) was issued by a government agency. You will require a High Court apostille if your document (such as a contract, affidavit, or power of attorney) has been notarised or issued by a private party. But in actuality, there isn’t a difference; both apostilles by either DIRCO or the High Court offer the same legal weight.
