The Role of a Notary in South Africa

In South Africa, a Notary is more than just a qualified legal professional. A Notary is an attorney who have passed the Notarial Practice Exam which examines matrimonial regimes, the law of trusts, deceased estates, property, ancillary rights, servitudes, tax and more.

They are admitted and enrolled as a Notary with the High Court, being a testament to their advanced expertise.

A Notary's primary responsibilities

1.

Drafting unique documents like Antenuptial Contracts, Powers of Attorney, Long-Term Leases, Servitudes (personal and praedial), Notarial Deeds in respect of Sectional Title Schemes, Cession of Rights in Sectional Title Schemes, Notarial Bonds, Wills, Trusts, Deeds of Donation and more.

2.

Authenticating the authenticity of documents and signatures.

3.

Producing certified true copies of original documents. This is a photocopy of an original document which is verified by a notary public to be an accurate copy of the original. The notarised copy of the document can be legalised for use in any country of the world.

Notaries vs. Commissioners of Oaths: Distinguishing the Two

All Notaries are Commissioners of Oaths by virtue of the office of Notary. Though both these entities can verify documents, they serve distinct roles:

Notary:

Primarily focused on international documentation processes. They draft notarial deeds and charge for their specialised services and is held to a higher standard of care than a Commissioner of Oaths and is therefore approached for this specialized purpose.

Commissioners of Oaths:

Appointed by the Minister of Justice, their mandate is mainly local. Their chief task is to ensure that affidavits and sworn statements are correctly administered. They do not charge for their services.

Notarial Certification and Authentication:

Notarial Certification

A Notary confirms that a copy of a document is the true copy of the original. The document isn't verified, only its accurate reproduction.

Authentication

This deeper verification process sees the notary affirming the legitimacy of a document or the signature it hold.

Notarisation, Apostilles, Authentication and Attestations

The notarisation process will depend on the type of document being notarised, and whether it needs to be legalised for international use. We will review your request, scrutinize the documents and advise accordingly. After notarisation, whereby a Notary verifies the authenticity of a document including the signatures, a document might need to undergo further verification, depending on where the documents are to be used abroad. When documents are to be used abroad in a foreign country member to the Hague Convention, it will have to be legalized by way of an Apostille. If you are legalizing a document in order to use it in a country that is not a signatory of the Hague Convention, a different process is required and your legal South African documents will be Authenticated and submitted to the relevant embassy for legalization. Attestations are the authentication of South African documents that are to be used in certain other countries, such as the Middle East.

Examples of documents that require Notarisation, Apostilles, Authentication and Attestations:

• Department of Home Affairs documents, such as Birth, Death and Marriage Certificates, as well as Letters of No Impediment
• Academic Documents, such as Degrees, Diplomas, and Senior Certificates
• Police Clearance Certificates
• Medical Reports
• Passport Copies
• Powers of Attorney
• Divorce Orders
• Contracts and Trade Documents

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Notary and Document Legalisation Fee and Costs Guideline:

Notarial Fees vary and this is only a guideline as every situation is unique and dependent on the circumstances at hand

R3500	Apostille and Authentication	5 – 10 working days (DIRCO Appointment)
R1500	High Court Apostille	1-5 working days
R2000	Dirco Apostille	3-5 weeks
R3500	Police Clearance Certificates	7 – 10 working days
R350 PER PAGE	Notarial Certificate on Copy	15 minutes walk-in service
R450	Notarial Attestations	1 – 7 days
R1500	Translation Services
R4000	Antenuptial Contract	1-5 days,
R3800	Letter of Non Impediment (single or divorced status)	3 – 4 weeks
R3800	Unabridged Marriage Certificate	7 working days
R3800	Unabridged Marriage Certificate	7 working days
R2500	Surname Change (due to marriage or divorce only)	Usually 1-2 weeks
R5000	Vault Birth Certificates	4 – 12 Weeks
R3500	Death Certificates	7 working days
R2500	Criminal Record Expungements	months