Authentication of Transfer Documents for Selling SA House

[PeterJ]

Hi

We're selling our house in SA and we're living in Melbourne. Apparently the transfer documents, or powers of attorney for transferring the property need to be authenticated in a special way.

The advise I have from the SA-based transferring attorney is copied below. I was wondering if anybody has needed to do this and managed to do so without travelling to Canberra to go and do it at the SA embassy? Is there any SA diplomatic presence in Melbourne? Do you think I'd have any luck with the UK consulate general?

Thanks in advance!

Peter

-- Advice from SA-based transferring attorney --

“Rule 63 of the High Court Rules lays down the following procedure for the proper authentication of documents:

Should the document be executed in any one of the following countries:

a) England/Great Britain

Northern Ireland

c) Zimbabwe

d) Lesotho

e) Botswana

f) Swaziland

it may be authenticated by a notary public.

However,
should the document be executed anywhere else in the world, such
document must be authenticated by one of the following:

a) the
head of the South African diplomatic or consular mission or a person in
the administrative or professional division of the public service
serving as a South African diplomatic, consular or trade office abroad;
(e.g. South African Embassy)

any Government authority of such country charged with the authentication of documents under the law of such country;

c) the consul-general, consul, vice-consul or consular agent of the United Kingdom.

The
document shall only be deemed to be duly authenticated where the
authentication is augmented by a certificate from any of the persons
referred to supra.

Rule 63
also affords a registrar of deeds a matter of discretion in that, should
a registrar deem a document to be actually signed by a person
purporting to have signed such document, then the authentication by the
persons referred to above may be dispensed with.”

In layman's terms, it needs to be signed in the PRESENCE of one of the above and as follows:

1. Yourself and 2 witnesses to sign in full on last page (where applicable)

2. Yourself, the 2 witnesses and "commissioner" to initial each page (bottom right corner)

3. The "commissioner" to sign, stamp and seal last page

4. Apostille to be completed and attached.

[Erik]

any Government authority of such country charged with the authentication of documents under the law of such country;

Surely this must be the easiest option?

[PeterJ]

It would seem so. Any idea which government authority could do this? The Ozzie websites I've found relating to this say they authenticate Australian public documents. Not sure if they'd do an SA deed transfer.?

[Sunnyskies]

We did this from Melbourne. We had the documents signed before a notary public and then authenticated by DFAT. Pm me if you want more details.

[Eva]

I don't know if things have changed in the past 4 years but we just got a Justice of the Peace (who happens to be my hubby's boss) to stamp and sign all our transfer papers and that was all good!