High Court (Authentication of Documents) Rules 1971 (RGN No. 995 of 1971)

RGN No. 995 of 1971

High Court (Authentication of Documents) Rules 1971

IT is hereby notified that the President has, in terms of subsection (5) of section 51 of the High Court

Act, 1964, approved the following rules of court which have been made by the Chief Justice and Judge President in terms of subsection (4) of the said section:—

1. These rules may be cited as the High Court (Authentication of Documents) Rules, 1971.
2. In these rules—

“authentication”, in relation to a document, the verification of any signature thereon;

“commissioner” means, a commissioner of the High Court appointed by the High Court to take affidavits or examine witnesses in any place outside Zimbabwe;

“document” means any deed, written contract, power of attorney, affidavit or other writing, but does not include an affidavit sworn before a commissioner.

3. Any document executed outside Zimbabwe shall be deemed to be sufficiently authenticated for the purpose of production or use in any court or tribunal in Zimbabwe or for the purpose of production or lodging in any public office in Zimbabwe if it is authenticated—

• by a notary public, mayor or person holding judicial office; or
• in the case of countries or territories in which Zimbabwe, has its own diplomatic or consular representative, by the head of a Zimbabwean diplomatic mission, the deputy or acting head of such mission, a counsellor, first, second or third secretary, a consul-general, consul or vice-consul.

4. An affidavit sworn before and attested by a commissioner outside Zimbabwe shall require no further authentication, and may be used in all cases and matters in which affidavits are admissible as freely as if it had been duly made and sworn to within Zimbabwe.
5. Nothing contained in these rules shall prevent the acceptance as sufficiently authenticated by any court, tribunal or public office of any document which is shown, to the satisfaction of such court, tribunal or public office, to have been actually signed by the p purporting to have signed the same.
6. The Authentication of Documents Rules, 1966, published in Rhodesia Government Notice No. 185 of 1966, and the Authentication of Documents (Amendment) Rules, 1966 (No. 2), published in Rhodesia Government Notice No. 7 of 1966, are repealed.