Conference Resolutions - Centre for Conveyancing Practice

Paragraph 2.6 Authentication
Rule 63 of the High Court rules
Question Who has the capacity to authenticate a document executed in the Antarctica for
use in the Republic of South Africa, given the provisions of Rule 63 of the High
Court?
Resolution Documents executed in the Antarctica does not require authentication as a result
of the provisions of section 2(1) of the South Africa Citizens in Antarctica Act 55
of 1962. The said section provides that the laws in the Republic shall apply to
South Africa Citizens while they are in the Antarctica – (RCR45/2010).
Rule No. 63 of the High Court Rules
Question May a document executed in Namibia for use in South Africa be duly
authenticated before a Notary Public?
Resolution No. However, the formalities as prescribed by the Hague Convention dated
5 October 1961 may be followed, as Namibia is a party to such Convention –
(RCR 46/2011).
Authentication of Affidavits
Question Must an affidavit executed outside the Republic of South Africa be
authenticated in terms of Rule 63 of the High Court?
Resolution Yes, unless the affidavit is made before an officer prescribed by section 8 of the
Justices of Peace and Commissioners Oaths Act 16 of 1963 - (RCR21/2009).
Paragraph 2.7 Analysis of a power of attorney
Person authorizing the power of attorney
Authority to sign documentation: Constitution of South Africa, Act 108 of 1996
Question In terms of section 139(1)(b) of the Constitution of the Republic of South Africa,
1996, the Provincial Cabinet appoints an administrator for a struggling
municipality to take full responsibility of administration inclusive of staff, financial
and technical functions of that municipality. Does this taking of full responsibility
include the authority to sign form DDD deeds for transfer of immovable
properties?
Resolution Yes, the appointment letter covering such powers of the administrator, must be
lodged for filing – (RCR49/2011).
Comment It must be ascertained however, that such person does indeed have the
authority, as such authority it will be set out in the letter of appointment.
The agent (Appearer)
A conveyancer executes deeds on behalf of another firm
Question It often happens that a conveyancer from another firm executes deeds on behalf
of the firm who has lodged the deeds. Must the Registrar be informed in such
February 2012 Self-Study Deeds Course
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