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The
death of a family member or friend is a traumatic experience, even more so
when it happens abroad, the Liaison Office of South Africa (LOSA) in Taiwan
endeavors to assist in these difficult times.
The
assistance that Missions are able to provide is as follows:
1. In the
absence of any family abroad, the Mission will immediately inform the
Consular Official at the Consular Section of DIRCO in Pretoria who will
notify the next-of-kin via the official channels.
2. Assist
to obtaining an import permit from the Department of Health in South Africa.
3. Assist
the family to get in touch with reputable undertakers who will be able to
give an indication of the costs to be incurred should the family wish to
repatriate the mortal remains.
4.
Cancellation of passport of the deceased.
Though we sympathize with the predicament family members may face regarding
the costs involved for the importation the mortal remains or the exhumation
of their loved ones, neither LOSA, DIRCO nor the Government of South Africa
is in a position to render financial assistance in this regard.
It is strongly advised that the next-of-kin inform the funeral undertaker
in writing of their choice to either import the mortal remains back to South
Africa (transportation, funeral parlor fees etc) or that the family would
prefer cremation.
Arrangements for the importation of mortal remains (mode of transport etc)
should, where possible, be dealt with directly between the funeral parlor
and the family concerned.
The financial undertaking of either process must also be agreed on between
the next-of-kin and the undertaker.
Family members should take note that the financial transaction to assist
with the dealing of the mortal remains cannot be done via DIRCO and/or Home
Affairs.
In those cases where the family decides on cremation, the Mission can assist
with the following:
1. Obtain
the indicative cost in respect of the cremation as well as the
transportation of the ashes if it will be returned to South Africa.
2. Obtain
the documentation needed for the release of the body for cremation purposes,
this can only be done once the Mission has a signed letter from the
next-of-kin requesting the cremation.
3.
Cancellation of the original passport of the deceased.
Please take note:
An import permit is not required for the return of ashes to South Africa.
Herewith please find the procedures pertaining to the importation of mortal
remains:
Importation / Exportation of mortal remains (non-infectious):
The following documentation will be requested before any importation /
exportation permits can be obtained:
Covering letter from the Consulate-General, this must include: Name of
deceased; date of death; country of death; cause of death; place of burial;
and telephone and fax numbers with relevant area codes.
Passport of the deceased - to be cancelled by the South African
Consulate-General in Dubai - Consular Section.
Death certificate.
Police clearance certificate.
Letter from attending pathologist or medical doctor stating that the person
did not suffer from a contagious/infectious disease at time of death.
Embalming certificate.
Letter from the family member requesting the exportation/importation of the
mortal remains.
If documents are not in English, a certified/legal translation must be sent
through with the documentation.
Permission will be granted for the importation / exportation of the remains
on condition that:
The body is embalmed.
The body must be sealed in an airtight container and placed in a sturdy
non-transparent coffin.
An import permit must be obtained from the receiving health authority.
Importation / Exportation of mortal remains (infectious):
The following documentation will be required before any importation /
exportation permits can be obtained:
Covering letter from the Consulate-General, this must include: Name of
deceased; date of death; country of death; cause of death; place of burial;
and telephone and fax numbers with relevant area codes.
Passport of the deceased - to be cancelled by the South African
Consulate-General in Dubai - Consular Section.
Death certificate.
Police clearance certificate.
Letter from attending pathologist or medical practitioner stating that
transportation will not constitute a health risk.
Embalming certificate
Letter from the family member requesting the exportation/importation of the
mortal remains.
If documents are not in English, a certified/legal translation must be sent
through with the documentation.
Permission will be granted for the exportation / importation of the remains
on condition that:
The body must be placed in a polythene bag.
The body must then be placed in another polythene bag.
The body must then be sealed in an airtight container and placed in a sturdy
non-transparent coffin.
Under no circumstances may this coffin be opened.
A written statement from a medical practitioner that the body will not
constitute a danger to public health and that the body is screened off
according to regulation number R2438 of 30 October 1987, par 9 & 10
(Conveyance of bodies of persons who have died of communicable diseases)
must be obtained.
This statement and the death certificate must accompany the body at all
times.
An import permit must be obtained from the receiving health authority
ADVICE TO SOUTH AFRICAN CITIZENS IN THE EVENT A SOUTH AFRICAN IS ARRESTED OR
JAILED ABROAD
What to do when a South African citizen is arrested/detained abroad:
Contact your nearest South African Representative - either the South African
Consulate-General in Dubai or the Consular Section of the DIRCO in Pretoria.
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Introduction:
Under the Vienna Convention on Consular Relations (1963), which is the
generally accepted standard for all countries, persons who have been
arrested outside their own country must have access to their consular
representative.
South Africans in this situation must immediately request the authorities to
allow them to contact the South African Consulate-General in Dubai.
Alternatively, somebody can contact the Mission or the Department of
International Relations & Cooperation (DIRCO) - Consular Services in
Pretoria on their behalf.
Consular Officers seek to ensure that South African citizens arrested abroad
are treated humanely while incarcerated. In this regard issues such as
torture, inhumane or degrading treatment or punishment will be reported and
taken up with the local authorities.
The United Nations Standard Minimum Rules for the Treatment of Prisoners is
used as a guide.
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What Consular Officers CAN DO for South Africans detained/arrested abroad:
Establish contact with the detainee as soon as possible after verifying
South African citizenship. (This service is rendered to ensure that South
Africans who have been arrested, detained or imprisoned under foreign
jurisdiction understand their rights and the services that can be provided
by the South African Government. Depending on specific circumstances,
contact can be in person, in writing, by telephone or through appropriate
intermediaries);
Provide general information about the legal system of the country of arrest.
Information may include details on legal aid (if available) and prosecution,
a list of lawyers (no recommendations may be made for a specific lawyer)
remand, bail and appeal procedures so that he/she understands his/her rights
and the processes involved;
Maintain contact with the arrested South African citizens abroad with due
observance of the laws and regulations of the arresting State.
Undertake prison visits. The frequency of prison visits depends on current
policy, the location, culture and laws of the arresting State as well as the
prevailing security situation in the country and/or the prison;
Contact the family or friends only if so requested in writing. No contact
will be established or information provided to anyone not agreed to in
writing by the South African citizen in detention/prison; Facilitate the
transfer of funds from family/friends in South Africa to the
detainee/prisoner, with due observance of the law and regulations of the
South African Government and the arresting State. The prevailing
authorization determines that the amount that may be transferred from South
Africa for toiletries, food and personal items (not legal fees) may not
exceed R2,000-00 (two thousand Rand) per month. The amount will not be
carried over to the next month; Ensure that medical problems are brought to
the attention of the prison authorities;
Arrange that monies deposited by the detainee/prisoner's family or others
reach him/her. The time period for the transfer of funds will vary depending
on local circumstances;
Facilitate the sending and delivery of letters, medication and study
material (after sentencing) from family and/or friends in South Africa. This
facility is subject to the provisions and prevailing fees of DIRCO as
amended from time to time and in compliance with the laws and regulations of
the country of arrest/imprisonment. All postage fees will be for the cost of
the sender. Family and friends must provide South African stamps to the
detainee/prisoner. A valid original doctor's prescription in the name of the
recipient and the original pharmacist's proof of purchase must accompany all
medication. DIRCO - Consular Services reserves the right to contact the
doctor/dispensing pharmacist to verify the consignment. The time period for
the sending/delivery of letters and/or medication to a detainee will vary
according to the schedule of the diplomatic freight bag and local
circumstances. All other items such as books, magazines, clothing, food and
toiletries must be forwarded directly to the South African citizen. It is
important to check with the prison authorities the kind of items allowed and
how best to send them. The South African Consulate-General in Dubai can
assist with information;
Upon release and impending return to South Africa, family or friends (in
South Africa) may deposit fees at the Department of Home Affairs to pay for
the ticket. The South African Consulate-General in Dubai - Consular Services
Section will arrange the purchase of the ticket once proof is received that
the money was deposited.
Note: The South African Consulate-General in Dubai, as well as DIRCOin
Pretoria make every effort to ensure that monies, letters, study material
and medication are forwarded without undue delay. However, the operational
priorities of the Consulate-General take precedence. Local circumstances in
the country also play a role.
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What the Consular Officers CANNOT DO for South Africans detained/arrested
abroad:
Instigate or intervene in court proceedings or judicial processes;
Obtain or give legal advice;
Organize a release from prison or bail. The Government of South Africa has
not entered into prisoner exchange/transfer agreements with other countries;
Travel to dangerous areas or prisons for a prison visit;
Investigate a crime;
Obtain better treatment in prison than that provided for local nationals;
Instruct next-of-kin or friends to transfer money;
Pay legal, medical or any other bills;
Obtain accommodation, work, visas or residence permits;
Undertake work done by travel agents, airlines, banks or car rental
companies;
Formally assist dual nationals in the country of their second nationality;
and/or
In the unfortunate event of death, pay for the preparation, transport,
burial or cremation of the mortal remains of a South African citizen.
Should you require legal assistance in the U.A.E, we suggest that you
contact the Law Society of South Africa who may be able to recommend lawyers
in the U.A.E who have an association with South African law firms. The
contact details of the Law Society of South Africa are:
National Society
Regional Society
Law Society of South Africa
304 Brooks Street
Menlo Park
PO Box 36626
Menlo Park
0102
Tel: +27 12 362-1729
Fax: +27 12 362-0969
Website:
www.lssa.org.za
Email:
kris@lssa.org.za
Law Society Of the Northern Provinces
123 Paul Kruger Street
Pretoria
PO Box 1493
Pretoria
0001
Tel: +27 12 338-5800
Fax: +27 12 326-2076
Email:
info@northernlaw.co.za
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Dual nationals:
Dual nationals arrested/detained in the country of their other nationality
will not receive assistance from South African Representatives. If dual
nationals are arrested/detained in another country, of which they are not a
national, and they did not travel on their South African passport but on the
passport of their second nationality, the dual national must contact the
consular representative of the country on whose passport they traveled.
LEGALIZATION OF DOCUMENTATION
Certificate of authentication:
The Consular Section at the SA Consulate-General in Dubai may only
authenticate the signatures of the authorized officials in the Foreign
Ministries of the United Arab Emirates to validate documents for use in
South Africa.
Documents submitted can be collected the next working day, during Consular
Hours.
This service is free of charge.
This service only applies to documents issued in the UAE to be legally used
back in South Africa.
Attestation Services ¡V SA documents to be used abroad:
The Consular Section at DIRCO in South Africa can authenticate the
signatures of the authorized officials when an original South African issued
documents are presented to them.
The steps to follow for proper/complete attestation is as follow:
STEP 1: Present original South African documents at DIRCO in Pretoria
STEP 2: DIRCO will verify and attach a certificate of authenticity to the
original document
STEP 3: Applicant must take the authenticated document to the UAE Embassy in
Pretoria for verification and for UAE stamps to be affixed.
STEP 4: Documents are good to be used in the UAE. Applicant may wish to
present copies of complete attested document to the SA Consulate to certify
it as true copy.
Attestation should be done for ALL original South African documents
pertaining to qualifications, birth & marriage certificates etc. This
should all be done prior to leaving South Africa as this service is
unfortunately not available through the SA Consulate-General¡¦s office.
Certification of copies:
Only original South African documents may be presented at the SA
Consulate-General to be certified.
Requirements:
The original South African issued document together with the copies must be
presented to the Commissioner of Oath.
The Commissioner of Oath will stamp and certify the copies as a ¡§true copy
of the original¡¨ only.
Same day service available.
Certification is free of charge.
Please take note that the Mission may not stamp / sign on an original
document. This needs to be done via the attestation process back inside
South Africa.
Signing documents in front of the Commissioner of Oath:
Only South African documents can be witnessed and signed by the Commissioner
of Oath
The service is available on Mondays and Thursday, by appointment only.
(Please contact the Consulate on (04) 397-5222to make an appointment)
Requirements:
Documents to be signed must be presented in person to the Commissioner of
Oath.
Please do not sign at home, as it is a requirement that the documents be
signed in the presence of the Commissioner of Oaths.
NB: Bring along your original passport and/or identity document for
identification purposes.
Same day service available.
This service is free of charge.
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SERVICE OF PROCESS
Legal matters:
Facilitate the serving of legal documents on defendants abroad via the
Department of Justice.
Facilitate other legal processes or requests for extradition (criminal
cases), rogatory letters, edictal citations (civil cases) and evidence on
commission via the Department of Justice.
Provide non-financial assistance to victims of crime.
Provide advice, guidance and support to the custodial parent/guardian in
collaboration with the Office of the Family Advocate in cases on abduction
of South African children to foreign countries. Where there is evidence that
the health and safety of the child is in jeopardy the matter is treated as
an emergency.
Provide a list of local lawyers.
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POLICE CLEARANCE CERTIFICATES
The South African Consulate-General will only take the fingerprints of the
applicant.
If applicants are non-South African, they must present proof of residing in
South Africa for more than one year by means of a copy of work/study permit.
Applicants must forward the application form directly to the South African
Police services ¡V Criminal Records Centre in Pretoria.
The address is as follow:
SAPS Criminal Records Centre
1st Floor, Sanlam Plaza West
271 Schoeman Street
Pretoria
0001
GENERAL INFORMATION
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