South Africa – Property Transactions and Apostille

South_Africa

For people who buy or sell property in South Africa, having the documents for their transaction notarised in a common requirement. Generally this includes various documents ranging from transfers, declarations and the power of attorney. If these documents are signed in Australia then they must be notarised before they can be used in South Africa.

As a leading provider of notary public services in Sydney, we assist many people by notarising their documents for South Africa, especially documents required for their land and property dealings.

In addition to notarising their documents, we also assist them with arranging for their documents to be stamped with an apostille. Although all documents notarised in Australia must be stamped with an apostille before they will be legally recognised in South Africa, our clients are often advised by their legal representatives in South Africa as to which documents must be stamped with an apostille and which documents do not need to be stamped with an apostille.

While stamping every notarised document with an apostille should not invalidate the documents (since this is technically the correct protocol to follow when sending documents to South Africa), it would be an unnecessary additional cost if it is not required. On the other hand, notarised documents that must be stamped with an apostille are at risk of being rejected or invalid if they are not stamped with an apostille. Accordingly, before you notarise your documents or before you stamp those documents with an apostille, you should check the specific requirements with your legal representatives in South Africa will.

In Australia, the Department of Foreign Affairs and Trade (DFAT) is authorised to issue the apostille on original Australian government document or notarised documents. Aside from notarising documents, we also assist many people with arranging for their notarised documents to be stamped with an apostille from DFAT.

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