In legal and official processes, certain documents are required to be notarised to ensure their authenticity and validity.
In South Africa, this process is handled by a Notary Public, a specially qualified legal professional who holds additional authority beyond that of a regular attorney.
What Is a Notary Public in South Africa?
A Notary Public is an attorney who has passed the Notarial Practice Examination and has been admitted and enrolled by the High Court of South Africa.
Notaries hold special powers to draw up and certify certain legal documents, which are often used domestically and internationally, ensuring their legality and authenticity.
Why Do Certain Documents Need to Be Notarised?
- Legal Authenticity and Credibility. A notarised document carries a presumption of authenticity. The notary confirms the identity of the person signing the document and ensures that they do so willingly and with full understanding. This adds legal weight and helps prevent fraud.
- International Use. Many foreign countries require notarised documents for them to be recognised. Common examples include powers of attorney, affidavits, or educational certificates needed for work or immigration purposes. These documents often also need to be apostilled after notarisation for international acceptance.
- Property and Marriage Transactions. In South Africa, notaries are specifically authorised to prepare and notarise documents such as antenuptial contracts, servitudes, and long-term leases. These must be registered in the Deeds Office and require notarial execution to be legally valid.
- Compliance with Legal Formalities. Certain documents must meet strict formal requirements under South African law. Notarial certification confirms that these requirements, such as proper execution, witnessing, and identification, have been met.
Examples of Documents That May Need Notarisation
- Antenuptial contracts
- Powers of attorney (especially for use overseas)
- Declarations and affidavits for international matters
- Notarial deeds (e.g. servitudes, long leases)
- Certification of copies of original documents
If you need the assistance of a Notary Public, you can contact Heather Kemp at heather@blanckenberglaw.co.za.