The power of attorney will be acceptable if the person giving the power of attorney has the capacity to contract (meaning above 18 years and not mentally incapable of conducting his/her own affairs) and the document adheres to the following:
SIGNING/EXECUTING OF DOCUMENTS OUTSIDE SOUTH AFRICA FOR USE WITHIN SOUTH AFRICA:
3 Rule 63 of the Uniform Rules of the High Court regulates the requirements for authentication.
In terms of Rule 63 a document is sufficiently authenticated by means of a Certificate of Authentication which bears the signature and seal of office of:
i. a head of a South African diplomatic or consular mission or a person in the administrative or professional division of the public service serving at a South African diplomatic, consular or trade office abroad; or
ii. a consul-general, consul, vice-consul or consular agent of the United Kingdom or any person acting in any of the aforementioned capacities or a pro-consul of the United Kingdom; or
iii. any Government authority of such foreign place charged with the authentication of documents under the law of that foreign country; or
iv. any person in such foreign place who shall be shown by a certificate of any person referred to in paragraph (i), (ii) or (iii) or of any diplomatic or consular officer of such foreign country in the Republic to be duly authorised to authenticate such document under the law of that foreign country; or
v. a Notary Public in the:
- United Kingdom of Great Britain and Northern Ireland (England or Ireland);
- Swaziland; or
vi. a Commissioner Officer of the South African Defence Force as defined in section 1 of the Defence Act, 1957 (Act 4 of 1957) in the case of a document executed by any person on active service.
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