In this article, I answer a common question I have been asked by some locally based foreign clients.
They want to know how they can use a court order granted by Courts in Zimbabwe, particularly the High Court.
In some situations, the foreign Head Office of a local company, such as a Chinese company, wants such a certified and authenticated High Court order as evidence that a matter in which the local company was involved has been finalised.
I have assisted clients to have, for example, a High Court order certified by the Registrar of the High Court in Zimbabwe and the same order authenticated by the Ministry of Foreign Affairs and International Trade (Ministry of Foreign Affairs) in Zimbabwe.
Certification by the High Court
Upon request and payment of the requisite fee, the Registrar of the High Court in Zimbabwe certifies the court order.
The one or top part or cover page usually shows details of the parties.
Thereon, the Registrar will state his or her name and capacity as the Registrar of the High Court of Zimbabwe, certifying that the document annexed is a true and correct copy of the order granted by the Court and the date the order was granted.
The same document will be given under seal of the High Court, for example, at Harare, stating the date of issue of the certificate.
The Registrar will then affix a seal to the document.
The second party or next document is the Registrar’s certificate clearly marked “Registrar’s Certificate”.
It usually sets out details of the parties and the case reference.
The Registrar will state his or her name and capacity as the Registrar of the High Court, the matter between the parties, the type of order that was granted and when it was granted by the High Court.
The Registrar will certify that, according to the documentation held by the High Court, no appeal was lodged against the judgment if no appeal was lodged.
The Registrar will sign the certificate and affix a seal.
The third party will be the Court order itself attached to the certificate(s). The whole Court order as issued by the High Court will be attached.
Authentication by the Ministry of Foreign Affairs
It is advisable to then take the order for authentication by the Ministry of Foreign Affairs in Zimbabwe.
The Consular Officer or an authorised official in the Ministry of Foreign Affairs will stamp the Registrar’s Certificate with an “Authentication Stamp” and certify that the document (order and Registrar’s certificate) of Zimbabwean origin is authentic.
The authentication or certification will be given under the seal of the Ministry of Foreign Affairs.
It will be dated and signed by the Consular Officer or an authorised official in the Ministry in Zimbabwe.
Authentication by the local embassy
It is common for some foreign nationals to approach their embassy in Zimbabwe for the embassy to authenticate such orders.
In my view, it all depends on the embassy whether to authenticate or not. If authenticated, this makes the document more acceptable in the home country.
Conclusion
Certification of a Court order by the Registrar of the High Court in Zimbabwe and authentication by the Ministry of Foreign Affairs are accepted for such an order to be used in another jurisdiction.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons BCompt (UNISA), CA(Z), ACCA (Business Valuations) MBA(EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He sits on the Board of the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@hofisilaw.com or gohofisi@gmail.com. Visit www.hofisilaw.com for more articles.
-herald
