Registrars' Conference Resolutions - Centre for Conveyancing ...

Question Where the first page of a power of attorney is retyped, or where the first page ofan affidavit is retyped, must the power of attorney be re-executed and theaffidavit redone, or will mere full initialing suffice?Resolution The power of attorney must be re-executed and a new affidavit must be provided- (RCR29/2006).14Paragraph 2.6AuthenticationRule 63 of the High Court rulesQuestion Who has the capacity to authenticate a document executed in the Antarctica foruse in the Republic of South Africa, given the provisions of Rule 63 of the HighCourt?Resolution Documents executed in the Antarctica does not require authentication as a resultof the provisions of section 2(1) of the South Africa Citizens in Antarctica Act 55of 1962. The said section provides that the laws in the Republic shall apply toSouth Africa Citizens while they are in the Antarctica – (RCR45/2010).Rule No. 63 of the High Court RulesQuestionMay a document executed in Namibia for use in South Africa be dulyauthenticated before a Notary Public?Resolution No. However, the formalities as prescribed by the Hague Convention dated5 October 1961 may be followed, as Namibia is a party to such Convention –(RCR 46/2011).Authentication of AffidavitsQuestion Must an affidavit executed outside the Republic of South Africa beauthenticated in terms of Rule 63 of the High Court?Resolution Yes, unless the affidavit is made before an officer prescribed by section 8 of theJustices of Peace and Commissioners Oaths Act 16 of 1963 - (RCR21/2009).Paragraph 2.7Analysis of a power of attorneyPerson authorizing the power of attorneyAuthority to sign documentation: Constitution of South Africa, Act 108 of 1996QuestionIn terms of section 139(1)(b) of the Constitution of the Republic of South Africa,1996, the Provincial Cabinet appoints an administrator for a strugglingmunicipality to take full responsibility of administration inclusive of staff, financialand technical functions of that municipality. Does this taking of full responsibilityinclude the authority to sign form DDD deeds for transfer of immovableproperties?Resolution Yes, the appointment letter covering such powers of the administrator, must belodged for filing – (RCR49/2011).CommentIt must be ascertained however, that such person does indeed have theauthority, as such authority will be set out in the letter of appointment.February 2013Self-Study Deeds Course