Service
Delivery Charter for the Chief Directorate Consular Services in the Department
of Foreign Affairs Who are we / Where
can we be found / The services we provide / Consular
Services / Legalisation Services / Service
Standards 1. Who are
we?
We are the Chief Directorate: Consular Services in the Department of International Relations and Cooperation (DIRCO).
2.
Where can we be found?
The Chief Directorate: Consular Services is situated at:
Physical Address
Legalisation Section - NE2A - Ground Floor
OR Tambo Building
460 Soutpansberg Road
Rietondale
PRETORIA
This Chief Directorate works in close collaboration with the Consular Sections of the South African Representatives abroad and the services listed are often performed through or in conjunction with our offices abroad. If you need consular assistance whilst abroad, you can contact the Consular Section of the South African Representative in the country directly. The contact details of our offices abroad are on the DIRCO website. Alternatively you could obtain the information via the DIRCO's switchboard in Pretoria at (012) 351-1000 during office hours.
Emergency consular services are available on a 24-hour basis. For emergency services you may contact the Chief Directorate: Consular Services during office hours and the DIRCO's Operations Room in Pretoria at telephone number (012) 351-1000/0050/0035 after-hours. Employees at our Operations Room will liaise with this Chief Directorate, which will be available to provide specialised guidance and assistance after hours and over weekends.
3.
The services we provide:
We have two areas of specialisation, namely:
- Consular Services, including emergency consular assistance.
- Consular Legalisation Services.
In brief, Consular Services describe the services and assistance the DIRCO is able to provide for South African citizens abroad. Our services are available on weekdays, Monday - Friday (excluding public holidays) during office hours (08:00 – 16:30). After hours services will only be rendered in the case of emergencies. Emergency services describe services rendered in the case of distress, serious illness or death of a South African citizen abroad, as well as causes of natural or man-made disasters where South African citizens are victims. It excludes any enquiries of a general nature.
In the event that customers submit documents for legalisation during periods when the Chief Directorate: Consular Services is without electrical power, the customer’s documents will be processed once power is restored. The time frames mentioned in our Service Delivery Charter for the processing of documents cannot be adhered to under such circumstances. |
Legalisation services are rendered to provide legal validity to public documents to enable a person to use these documents outside South Africa. Our public hours are from 08:30 – 12:30 on weekdays, Monday - Friday (excluding public holidays). Telephone enquiries are dealt with during normal office hours (08:00 – 16:30).
For an overview of the services provided by the Chief Directorate: Consular Services, the two areas of specialisation will be discussed separately.
3.1
CONSULAR SERVICES:
3.1.1 We provide the following services:
3.1.1.1 Protection and Assistance to South African citizens abroad as contemplated in Article 5 of the Vienna Convention on Consular Relations, 1963:
- We respond to the humanitarian aspects in emergencies (i.e. situations involving destitution or distress of South African citizens abroad). This includes providing a support service in hostage cases as well as assistance in evacuation planning of South African citizens abroad in cases of political turmoil or natural disasters.
- In the event of an emergency, we communicate on behalf of South African citizens abroad with family and/or friends in South Africa.
- We provide logistical support and non-financial assistance for repatriation and urgently needed medical or professional attention. Professional attention includes information regarding legal services available in the event of detention or threat of detention.
- We will attempt to notify the next-of-kin in the event of death or life threatening illness or injury. We also provide logistical assistance with the importation of mortal remains (including import permit applications) or burials of South African citizens abroad. We do not provide financial assistance arising from the death of a South African citizen abroad.
- We assist in the search for missing persons abroad and/or determination of the whereabouts of South African citizens abroad.
- We assist families under certain circumstances by facilitating the transfer of funds to family members in distress abroad.
- Minor children: We provide advice, guidance and support to a custodial parent/guardian in matters of child abduction or child stealing. Where there is evidence that the health and safety of the child is in jeopardy, the matter is treated as an emergency.
- Abduction and kidnapping covers forcible restrictions on the freedom of movement of persons for different outcomes. All instances of kidnapping outside of South Africa should be reported to the Operations Room immediately. We provide advice and guidance to affected citizens.
- We liaise with and provide assistance and guidance to foreign representatives regarding their nationals in South Africa.
3.1.1.2 Assistance to South African citizens in detention:
- We contact family of arrested or detained persons abroad if so requested in writing by the arrested or detained person.
- We facilitate the transfer of funds to prisoners abroad, where commercial means are non-existent or limited or where levels of destitution dictate, with due observance of the law and regulations of the arresting state.
- We facilitate the sending of letters and medication to South African citizens detained abroad subject to the provisions and prevailing fees of the DIRCO as may be amended from time to time and in compliance with the laws and regulations of the country of arrest/imprisonment. In exceptional cases, medicine will be forwarded if a prescription from a registered medical doctor is submitted and a certificate that the medicine is unavailable in the country of detention/imprisonment.
3.1.1.3 Information - Local:
- Requests for Information and Advice: Reasonable requests for information on a foreign location or reference to available sources shall be entertained. Travel advisories are excluded.
3.1.1.4 Legal Request and Process Administration:
- Services of Process: We facilitate the process via judicial channels to have summons served on defendants abroad.
- Other Legal Processes: We facilitate other legal processes via judicial channels when requested to do so by the authorised authorities. These processes include, but are not limited to, requests for extradition, rogatory letters and evidence on commission.
3.1.2 You will be able to make use of these services by:
Contacting the Chief Directorate: Consular Services:
a) In person during official working hours by appointment only.
b) By mail. The address to be used is Chief Directorate: Consular Services, Department of International Relations and Cooperation, Private Bag X152, Pretoria, 0001
c) Telephonically, by fax or e-mail. For the contact details of the Chief Directorate Consular Services, consult our website. If you are abroad, you can contact the South African Representative in the country directly.
3.1.3 When requesting a service be aware of the following:
Each case determines the documents needed to enable this office to render assistance. A valid form of identification, i.e. identity document or passport, may be requested. When in doubt, you are advised to contact the office before requesting a service. It may save you time later. You can also visit our website for more information. .
IMPORTANT
NOTE |
We do NOT provide the following services |
Institute court proceedings or obtain legal advice on behalf of South African citizens. |
Intervene in local judicial procedures to get South African citizens out of prison, on bail or an early trial. |
Pay any expenses on behalf of citizens from State funds, i.e. medical bills, hotel or legal fees, air tickets, transport, food, funerals, cremation or return of mortal remains. |
Obtain accommodation or any permits (i.e. work permits, study permits, etc.) on behalf of South African citizens. |
Conduct investigations related to an offence. |
Support a South African citizen financially whilst in prison. |
Conduct a search without the assistance of local authorities or provide information regarding the whereabouts of a South African citizen without the express consent of that citizen. |
Assist with the transfer of funds to a citizen who is not in distress. |
3.2
LEGALISATION SERVICES:
3.2.1 We provide the following services:
- We legalise public documents executed within South Africa for use outside the Republic of South Africa by means of an Apostille Certificate or a Certificate of Authentication and vice versa.
- If documents submitted are incorrect/incomplete, we provide the customer with guidelines to obtain the correct signatures/documents.
- We provide customers with information when telephone/mail enquiries are received with regards to legalisation of documentation.
IMPORTANT
NOTE |
Please request the relevant foreign representative to advise you which signature is requested to be legalised. As an example, some embassies may want to have the Department of Education to sign copies of educational qualifications and others may want the copies to be notarised (any lawyer who is registered as a notary) and signed by the Registrar of the High Court before having the documents legalised. |
3.2.2 You will be able to make use of these services by:
Submitting the correct documentation to the Legalisation Section by one of the following means:
a) In person.
b) By courier.
c) By registered/fast mail.
d) Via the South African representative office abroad (High Commission, Embassy or Consulate General).
Be advised that when the services of a courier company are used, the customer has to arrange payment with the courier to have the documents returned to him/her. For documents sent via mail (registered, fast mail or otherwise), kindly include a self-addressed, franked (for registered mail) envelope to allow this section to return the documents to the customer upon completion thereof.
For telephone enquiries, you can contact us at telephone number (012) 351-1232 or fax number (012) 329-1752. You can also write to us at the following addresses:
E-mail: legalisation@dirco.gov.za
Postal Address: Chief Directorate: Consular Services (Legalisation Section),
Department International Relations and Cooperation, Private Bag X152, Pretoria, 0001
Information regarding Legalisation services and contact details is also available on the Departmental website.
3.2.3 Before requesting a service:
The document to be legalised is determined by the customer. The Section can issue the relevant authentication or apostille certificate subject to the following rules:
- The customer needs to advise the Section in which country the document will be used to allow the section to determine if an apostille or authentication certificate is required.
- Before the Section can issue the relevant authentication/apostille certificate, the document has to be legalised or signed by:
- A Magistrate, an additional Magistrate or Assistant Magistrate.
- A Registrar or an Assistant Registrar of the High Court of South Africa.
- A person whose signature is registered on the signature database of the DIRCO.
IMPORTANT
NOTE |
The signature of a Commissioner of Oaths, Notary Public, Justice of the Peace or any court employee who is not a Registrar has to be legalised by a Magistrate, Additional Magistrate or Assistant Magistrate or by a Registrar or an Assistant Registrar of any division of the High Court of South Africa within the jurisdiction of which such Commissioner of Oaths or Justice of the Peace exercises his or her function or such Notary Public is in practice, before documents are submitted to the Legalisation Section for authentication. |
- The following documents need not be legalised by the Court as stipulated above, provided the documents were signed by the relevant authority as listed below:
A) Unabridged or full birth, marriage and/or death certificates signed by the authorised Home Affairs employee.
B) Adoption papers signed by the Registrar for Adoptions at the Department of Justice.
C) Export documentation signed by the relevant Chamber of Commerce.
D) Educational certificates signed by the authorised employee at the Department of Education (some embassies require these documents to be notarised and legalised by the High Court - Please check with the relevant embassy what the requirements are).
E) End User Certificates (EUC) signed by a foreign diplomatic representative.
- Copies of documents need to be notarised by a Notary Public (any lawyer who is registered as a notary) and legalised by the Registrar of the High Court or Magistrate before submitting these to the DIRCO. The Legalisation Section cannot legalise copies of documents, whether these are certified true copies or not.
4. The Service
Standards of the Chief Directorate Consular Services:
The Chief Directorate: Consular Services of the DIRCO is committed to providing an effective and efficient service to all our customers throughout the world, irrespective of national origin, age, gender or religious orientation. Our customers include not only members of the public requiring consular services, but also other government departments and institutions, South African representatives abroad and all business units within the DIRCO. Our commitment to service that can be clearly determined and measured at all times by sensitivity, empathy, courtesy, speed, accuracy and fairness.
We commit ourselves to the principles of Batho Pele (consultation, service standards, access, courtesy, information, openness & transparency, redress and value for money) and will indicate to you as our customers what you can expect from us with regard to service delivery standards.
The services listed in the Schedules are meant to be generic and the listing is not intended as a definitive itemisation of the range of requests that consular staff are expected to respond to. The listings will be reviewed from time to time in order to keep it current with changing conditions.
The reaction times provided in the minimum operational standards are targets based on best efforts and existent conditions. Our ability to meet the stated times in the Services Delivery Standards is, in many instances, governed by factors that are beyond our control. Notwithstanding, we will make every effort to meet the stated standard. When it is not possible to do so, we will explain to our customers the reasons for not being able to meet the required standards.
In the event that customers submit documents for legalisation during periods when the Chief Directorate: Consular Services is without electrical power, the customer’s documents will be processed once power is restored. The time frames mentioned for the processing of documents cannot be adhered to under such circumstances. |
It is very important to note that during times of emergencies and disasters these matters will receive preference. During such periods all other consular services may be limited and the timeframes set out in the standards might not be met. It might be necessary to involve all employees in the Chief Directorate: Consular Services and as such the reaction times on other issues may be negatively affected.
4.1 We have set the following minimum professional standards for the level and quality of services we provide as a Chief Directorate:
- We serve all customers in an unbiased, polite, helpful and impartial manner.
- We dress appropriately and professionally, respecting our customers.
- All members of the public are treated as customers who are entitled to receive high standards of service.
- We are punctual in the execution of our duties and are committed to timely service.
- We co-operate fully with other employees to advance the public interest. We share information, work as a team to maintain the standards and to achieve our objectives.
- We execute all reasonable instructions by persons officially assigned to issue them.
- We execute our duties in a professional, competent and accountable manner.
- We honour the confidentiality of matters, documents and discussions.
- We take responsibility for our own work and the work and workflow of the Chief Directorate as a whole.
- All services rendered shall be communicated to customers in English. If a customer wishes to be served in any of the other official languages, every attempt will be made to find an employee in the Chief Directorate to assist in the customer's language of choice.
- All effort is made to avoid error. Accuracy of at least 90% is guaranteed.
- The Chief Directorate is in continuous consultation with relevant role-players to ensure that information provided to the public is correct and up to date. Information provided by the Chief Directorate is reliable subject only to the accuracy and timeliness of data received from outside agencies.
- In order to provide the best possible service to our customers, an employee deals with one customer/case/telephone enquiry at a time, giving the customer his/her attention during this period.
- The Vienna Convention on Consular Relations, 1963 includes corporate customers within its ambit. As such, South African corporate legal entities are entitled to consular services in the same manner as individuals, exclusive of intervention in commercial, civil or criminal disputes where recourse to recognised legal recourse is available.
4.2 We have set the following minimum operational standards for the level and quality of
services provided by the Consular Section specifically:
SERVICE |
TIME |
Consular Protection & Assistance |
|
Respond to an emergency |
Immediately |
Communications with family and/or friends in the event of an emergency |
Immediately |
Assistance for repatriation, urgently required medical or professional attention |
24 Hours |
Notification of next-of-kin in the event of death |
Immediately |
Notification of next-of-kin in the event of life-threatening illness or injury |
Immediately |
Assistance with importation of mortal remains/burial abroad |
24 Hours |
Facilitation of financial transfers to persons in distress |
24 Hours |
Missing persons/whereabouts of South African citizens |
24 Hours |
Child custody, abductions and adoptions |
24 Hours |
Kidnapping/hostages |
Immediately |
Respond to foreign missions in South Africa and other role-players |
48 Hours |
Prisoners |
|
Facilitation of funds to prisoners abroad |
72 Hours |
Contact family of arrested or detained persons abroad if so requested by the detainee |
72 Hours |
Facilitate the sending of letters and medication to detainees abroad |
72 Hours |
Information (Local) - Requests for information & advice on |
|
Customs regulations |
72 Hours |
Civil aviation |
72 Hours |
Taxation |
72 Hours |
Pensions |
72 Hours |
Social services |
72 Hours |
Legal services |
72 Hours |
Travel |
24 Hours |
Banking |
72 Hours |
Education |
72 Hours |
Legal and Notary |
|
Facilitation of Service of Process |
72 Hours |
Facilitation of other Legal Processes |
48 Hours |
Ad hoc Consular Support Services |
72 Hours |
Respond to other Government Departments, Institutions, South African Representatives abroad and Business Units within the DIRCO |
24 Hours |
IMPORTANT
NOTE: |
Time refers to response time in working days and may be subject to factors beyond our control. Each consular case develops according to its own dynamics and complexity. We facilitate the process but the exact timeframe for completing a case cannot be pre-determined |
4.3 We have set the following minimum operational standards for the level and quality of services provided by the Legalisation Section specifically:
SERVICE |
TIME |
Opening hours to the public (Monday - Friday, excluding public holidays) |
08:30 – 12:30 |
Notice of closure of the Legalisation Section on days other than mentioned above |
7 Days |
Processing of documents where 1 to 5 documents are received during public hours |
30 to 45 minutes |
Processing of documents where more than 5 documents are received after 12:00 |
Following Day |
Advise customer of non-delivery within given timeframe due to staff absences or technical failure |
Immediately |
Signature verification: Contact signatory of the document whose signature is required to be verified (Note: It is regretted that we are not able to provide an undertaking as to how long it will take the signatory to forward their specimen signature to the Legalisation Section.) |
24 Hours |
Respond to telephone enquiries |
24 Hours |
Respond to written correspondence (mail, e-mail, fax) |
24 Hours |
Keep documents not yet collected before destroying |
6 Months |
Be identifiable by nametags |
Continuous |
Provide customers with details of authorities who can sign documents (Note: Please bear in mind that the embassy determines the authority who should sign a certificate before it is legalised - Refer to paragraph 3.2.3) |
As required |
All staff members in the Legalisation Section understand and have extensive knowledge of the core function of the section and are able to provide information regarding legalisation processes. |
Continuous |
The security staff at the entrance to the OR Tambo Building can provide customers with the necessary directions. |
Continuous |
4.4 Our performance against our standards:
A record on the number of documents and cases processed, the number of errors and complaints received each day is kept. Where possible corrective measures will be taken. The customer can contact the Chief Director: Consular Services at e-mail address consular@dirco.gov.za or telephonically at (012) 351-1900. We will respond to all complaints and suggestions received within one week of receipt thereof. We welcome comments and suggestions on our service and its quality. Click here for a form.
In return we expect the public to be civil and courteous and to respect the dignity of our employees at all times.
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