9.       Certain powers of attorney and affidavits

            A document which is-

     (a)     a power of attorney authorizing any person to take, defend or intervene in any legal proceedings which purports to have been signed in Lesotho, Swaziland, Zambia, Zimbabwe, the Republic of South Africa, or Namibia and to have been attested by two competent witnesses;

     (b)     an affidavit, which purports to have been sworn before and attested by a Commissioner of Oaths of Botswana outside Botswana, or by a Commissioner of Oaths of Lesotho, Swaziland, Zambia, Zimbabwe, the Republic of South Africa, or Namibia within those respective countries, bearing the seal or stamp of the Commissioner of Oaths,

shall be accepted for use in any court in Botswana without further authentication unless it is proved not to have been signed or sworn by the person by whom it purports to have been signed or sworn.

10.     Certain official documents

            Section 6 shall apply in respect of a document emanating outside Botswana, which purports to bear the signature of any person holding office under the State in any place outside Botswana as they apply in respect of a document emanating in Botswana which purports to bear the signature of any person holding such office therein.

11.     Documents from Lesotho and Swaziland

            Subject to section 9, a document signed in Lesotho or Swaziland and attested by an administrative officer in a manner similar to that provided in section 4 shall be sufficiently authenticated if authenticated by a certificate under the signature and seal or stamp of office of a Permanent Secretary, the Registrar or Assistant Registrar of the High Court or a District Commissioner of that country.

12.     Documents from Commonwealth countries

            (1) A document signed in any Commonwealth country shall be sufficiently authenticated if authenticated by the certificate of a notary public, under his signature and seal of office, the mayor or provost of any town under his signature and seal of office, the permanent head of a Government Department, the Registrar or Assistant Registrar of a court of justice having unlimited jurisdiction, the High Sheriff of a county or any person designated for the purposes of the Convention as an authority competent to issue a certificate or "apostille":

            Provided that a document so signed which affects or relates to property not exceeding in amount or value P1 000 shall require no further authentication if it is authenticated by the certificate, to the like effect of one of the certificates in the First Schedule, of a magistrate or a justice of the peace of the country or place in which such document is signed.

            (2) Subject to sections 9 and 11, subsection (1) of this section shall apply to documents signed in the Republic of Ireland, the Republic of South Africa, or any protectorate, protected state or trust territory as defined in the British Nationality Acts 1948 to 1981, as it applies to documents signed in a country or territory within the Commonwealth.

13.     Public documents from convention countries

            Notwithstanding sections 10, 11 and 12, a public document signed in any country or territory in which the Convention is in operation shall be sufficiently authenticated if authenticated by a certificate or "apostille" in the form in the Second Schedule, signed by any person designated in that country or territory for the purposes of the Convention as an authority competent to issue a certificate or "apostille".

14.     Other documents

            Notwithstanding any other provisions contained herein, a document signed in any other country shall be sufficiently authenticated if authenticated by a suitable certificate under the signature and seal or stamp of office of-

     (a)     a member of the Diplomatic Branch of the Botswana Foreign Service attached to a Botswana Embassy or High Commission in such country; or

     (b)     a person shown by the certificate of-

           (i)       a member of the Diplomatic Branch of the Botswana Foreign Service attached to a Botswana Embassy or High Commission in such country;

          (ii)       a person holding an office in such country equivalent to that of Secretary of State or Under Secretary of State;

          (iii)       a Diplomatic or Consular Officer of such country serving in Botswana, Lesotho, Swaziland or the Republic of South Africa; or

         (iv)       a British Consular Officer attached to a British Embassy or High Commission in such country, where such country has no member of the Diplomatic Branch of the Botswana Foreign Service accredited thereto on a residential basis,

to be duly authorized to authenticate such document by the law of such country.

15.     More than one mode of authentication

            Where under this Act a document may be authenticated in more than one manner, it shall be no objection to the acceptance of the document that the authentication could have been carried out in some manner other than that which has been adopted.

16.     Translations

            A certificate or "apostille" which is not in the English or French language shall be accompanied by a translation.

17.     Documents executed by persons on active service

            Notwithstanding the provisions of this Act, a document signed by a person on active service in the armed service of the State, wherever signed, shall be sufficiently authenticated if authenticated by the signature of a commissioned officer of such service.

FIRST SCHEDULE
AUTHENTICATION BY ADMINISTRATIVE OFFICER

Form I

I, X.Y. in my capacity as ....................................... (1) ......................... do certify that A.B. signed this document in my presence, and that A.B. is personally known to me (or that C.D. and E.F., being persons known to me, have severally testified before me that the person signing this document is personally known to them as A.B.) ........................ (2) .........

     Given under my Hand (and Seal) ............................... (3) ........................... at ................. (4) ................... in .................. (5) ............................ on the ....................... day of 20 .......

.........................................................
(Signature)

Seal or stamp of office or statement in lieu thereof.

Form II

I, X.Y., in my capacity as ................... (1) ......................... do hereby certify that the Common Seal of A.B. Company Limited was affixed to the above written (or annexed) ................... (2) ..................... document in my presence in accordance with the provisions of the Memorandum and Articles of Association thereof, which have been examined by me, and that the signatures L.M. and O.P. thereon are respectively the true signatures of ................... and .................... (give full names) who are respectively a director and the secretary (or as the case may be) of the said company.

     Given under my Hand (and Seal) ............................... (3) ........................... at ................. (4) ................... in .................. (5) .................................. on the ........................... day of ................ 20 .......

.........................................................
(Signature)

Seal or stamp of office or statement in lieu thereof.

OR

I, X.Y., in my capacity as ................. (1) ......................... do hereby certify that on the date hereunder written there appeared before me A.B. who is personally known to me (or was identified see Form I) and who produced to me a Power of Attorney which appeared to have been given on the ................... day of ..................... 20 ........ by L.D. of ........................ and to have been duly registered at ...................... and in his capacity as the attorney of the said L.D., he signed the above written (or annexed) (4) document in my presence at .................... (5) .......................

Date ............................................................

...................................................................
(Signature)

Seal or stamp of office or statement in lieu thereof.

(1) Here insert qualifications to authenticate

(2) Whichever is applicable

(3) Delete if no seal or stamp and add statement under section 5

(4) Name of place

(5) Name of country if not Botswana

SECOND SCHEDULE
CERTIFICATE OR APOSTILLE

The certificate will be in the form of a square with sides at least 90 mm long.

APOSTILLE
(Convention de la Haye du 5 Octobre 1961)

1.  Country ........................................................................................................................      This public document

2.  has been signed by ......................................................................................................

3.  acting in the capacity of ................................................................................................

4.  bears the seal/stamp of .................................................................................................

Certified

5.  at .................................

6.  the ........................................................

7.  by ................................................................................................................................

8.  Seal/Stamp:

9.  Signature:

     ............................................................

     .............................................................