An affidavit is one of the most commonly requested legal documents in South Africa. Whether you are applying for a visa, settling an insurance claim, or confirming your marital status for use abroad, chances are you will need an affidavit at some point. But not all affidavits are created equal — and in many cases, a standard affidavit commissioned at a police station will not be sufficient. When the document is destined for use outside South Africa, or when a higher level of legal authority is required, you need a notarised affidavit.
What Is an Affidavit?
An affidavit is a written statement made under oath or affirmation. The person making the statement (the “deponent”) declares that the contents are true and correct. Affidavits are used in court proceedings, administrative applications, insurance claims, immigration matters, and many other legal processes.
Key Characteristics
- It is a voluntary statement
- The contents are declared true under oath or affirmation
- Making a false statement is a criminal offence (perjury)
- The deponent must appear in person
- Valid identification must be produced
Commissioner of Oaths vs Notary Public
When a Commissioner of Oaths Is Sufficient
For most domestic purposes within South Africa, a commissioner of oaths (police officer, magistrate, post office manager, bank manager, or attorney) is adequate:
- Affidavits for SAPS matters
- Insurance claims within South Africa
- Department of Home Affairs applications
- Court affidavits for SA proceedings
- General statutory declarations for local use
When You Need a Notary Public
If your affidavit is for use outside South Africa, or if it needs to be apostilled, you need a notary public. A notary public is an attorney separately admitted by the High Court to perform notarial acts. Their certificate, signature, stamp, and seal carry international recognition.
You need a notarised affidavit when:
- Required by a foreign government, embassy, or consulate
- The document must be apostilled
- A foreign institution specifically requests notarisation
- It relates to cross-border legal proceedings
- A higher level of legal authentication is required
If unsure, it is safer to use a notary. A notarised affidavit is accepted everywhere a commissioned affidavit is, but not vice versa. See our notary public services page.
Common Types of Notarised Affidavits
Single Status Affidavit
Confirms you are not currently married. Required when marrying abroad, applying for a spousal visa, or for property transactions in another country.
Identity Affidavit
Confirms your identity, often used when there is a name discrepancy across documents.
Name Change Affidavit
Confirms a change of name through marriage, divorce, or personal choice — common for South Africans emigrating.
Sponsorship or Support Affidavit
Financial support declaration for visa applicants. Many embassies require this to be notarised.
Loss of Documents Affidavit
Reports the loss of an important document. When needed for a process abroad, notarisation is typically required.
See our affidavits and declarations page for more information.
The Process
Step 1: Prepare
- Your original SA ID or valid passport
- Any supporting documents
- Clear details of what the affidavit needs to state — bring any template from the requesting authority
Step 2: Appear in Person
You must appear in person before the notary. Affidavits cannot be signed remotely or by proxy.
Step 3: Draft, Review, and Sign
The notary drafts or reviews the affidavit, you sign it in the notary’s presence, and the oath or affirmation is administered.
Step 4: Notarial Certificate
The notary attaches a notarial certificate with their official signature, stamp, and embossed seal (registered with the High Court). This is what gives the affidavit international standing.
Can a Notarised Affidavit Be Apostilled?
Yes. The apostille is issued by the High Court and confirms the notary’s signature and seal. Once apostilled, the document is recognised in all Hague Convention member states. We handle the full process — from drafting to apostille.
What Does It Cost?
Costs depend on complexity, number of pages, whether apostille is needed, and whether additional notarised copies are required. Contact us for a tailored quote.
Frequently Asked Questions
What is the difference between a commissioned and notarised affidavit?
A commissioned affidavit is sworn before a commissioner of oaths and accepted for domestic use. A notarised affidavit is sworn before a notary public with a notarial certificate, stamp, and seal — required for international use and carrying greater legal authority.
Can I get a notarised affidavit at a police station?
No. Police officers are commissioners of oaths, not notaries public. You must visit an attorney admitted as a notary public.
Do I need to appear in person?
Yes. You must appear before the notary, present valid ID, and sign in the notary’s presence. This cannot be done remotely.
Can a notarised affidavit be apostilled?
Yes. It can be apostilled at the High Court for use in any Hague Convention member country.
How long does it take?
In most cases, a notarised affidavit can be prepared and signed the same day — often while you wait. Apostille adds additional processing time.
Get Your Notarised Affidavit in Pretoria
Louwrens Koen Attorneys has been providing notarial services in Pretoria since 1995. Walk-in service is available — we can often prepare and notarise your affidavit the same day.
Contact us to discuss your requirements or request a quote.