Most South Africans will need a notary public at some point in their lives — whether for an antenuptial contract before getting married, an apostille for documents going overseas, or a power of attorney to manage affairs while abroad. Yet the role of a notary public remains one of the least understood legal functions in the country.
This article answers the eleven most common questions we are asked about notary services in South Africa.
1. What Is a Notary Public?
In South Africa, a notary public is a qualified attorney who has been separately admitted by the High Court to perform notarial acts. This is an additional qualification over and above the standard admission as an attorney — not every attorney is a notary, and not every law firm can offer notarial services.
Notaries public are officers of the High Court. Their official acts carry a presumption of truth and regularity, which is why notarised documents are recognised and accepted both in South Africa and internationally. To become a notary, an attorney must pass further examinations in notarial practice and be formally admitted by the court. There are significantly fewer notaries public than there are attorneys in South Africa.
At Louwrens Koen Attorneys, our principal has been an admitted notary public since 1995 — nearly three decades of notarial experience.
2. Why Do I Need to Get a Document Notarised?
When documents are used within South Africa, authentication is relatively straightforward — a commissioner of oaths can certify copies, and most local institutions will accept them. But when documents are required for use in another country, a higher level of authentication is needed.
Notarisation is the process of having a notary public verify and certify documents so that they carry legal weight internationally. Foreign governments, embassies, universities, employers, and courts require notarised documents because the notary’s seal, signature, and certificate create a verifiable chain of authenticity that can be independently confirmed through the South African High Court.
Notarisation is also required for certain domestic legal acts that cannot be performed by an ordinary attorney — most notably antenuptial contracts, notarial bonds, long leases (exceeding 10 years), and servitudes over immovable property.
3. Who Can Notarise Documents in South Africa?
Only an attorney who has been separately admitted by the High Court as a notary public can notarise documents in South Africa. This is a strict legal requirement — commissioners of oaths, justices of the peace, and ordinary attorneys cannot perform notarial acts.
If you are a South African living abroad, South African embassies and consulates can perform certain consular notarial functions, such as witnessing signatures and certifying copies. However, for full notarial services — particularly for documents that need to enter the apostille or legalisation chain — you will generally need an admitted notary public in South Africa.
4. What Documents Can a Notary Notarise?
A notary public in South Africa can notarise virtually any type of document. The most common documents we handle include:
- Powers of attorney — general and special, for local and international use
- Identity documents — notarised copies of passports, ID documents, and smart cards
- Personal certificates — birth certificates, marriage certificates, death certificates (notarised copies)
- Antenuptial contracts — these must be executed before a notary; no other practitioner can do this
- Academic qualifications — degrees, diplomas, matric certificates, transcripts, and TEFL certificates
- Police clearance certificates — notarised copies where required by the receiving authority
- Travel consent letters — for minors travelling with one parent or a third party
- Affidavits and sworn declarations — for domestic and international use
- Life certificates — proof of life for foreign and local pension funds
- Financial documents — bank statements, tax clearance certificates, audited financial statements
- Corporate documents — board resolutions, CIPC certificates, memoranda of incorporation, share certificates
- Property documents — title deeds, contracts of sale, notarial bonds
- Court documents — court orders, divorce decrees, custody agreements
- Medical reports and certificates
- Employment records and reference letters
If you are unsure whether your document can be notarised, contact our office — we handle a wide range of documents daily.
5. How Do I Get a Document Notarised in South Africa?
The process is straightforward, but there are important steps to follow:
- Contact a notary public to discuss your requirements. Explain what documents you need notarised and which country they are destined for (if applicable). This determines whether an apostille or full legalisation will also be needed.
- Gather your documents. Bring the original documents you need notarised, plus your identity document (smart ID card, green ID book, or passport).
- Book an appointment — or, for simple matters like notarised copies and life certificates, our Pretoria office offers a walk-in service during office hours.
- Do not sign any documents before your visit if the notary needs to witness your signature. If you have already signed, you will need to re-sign in the notary’s presence.
- At the appointment, the notary will verify your identity, examine the documents, make certified copies where required, and witness any signatures.
- The notary prepares a notarial certificate, which is attached to the document. The document, certificate, and any copies are bound together, signed by the notary, and sealed with the notary’s official seal (registered with the High Court).
- If the document is for use in a Hague Convention country, it is then submitted to the Registrar of the High Court for authentication and to DIRCO for an apostille. For government-issued documents, the apostille is obtained directly from DIRCO.
- If the destination country is not a Hague Convention member, further authentication and embassy legalisation will be required.
Your notary will guide you through the entire process, including any additional steps needed for your specific situation.
6. What Is a Notarised Document?
A notarised document is one that has been verified and certified by an admitted notary public. Every properly notarised document in South Africa includes four elements:
- The notarial certificate — a formal statement by the notary describing what was verified
- The notary’s signature — the personal signature of the admitted notary
- The notary’s stamp — identifying the notary’s name and designation
- The notary’s seal — an embossed or adhesive seal registered with the Registrar of the High Court, unique to that notary
These elements together give the document its legal weight. Without all four, the document has not been properly notarised. A notarised document carries significantly more legal authority than a document certified by a commissioner of oaths, which is why foreign authorities, banks, and courts insist on notarisation for important matters.
7. Do I Need to Personally Visit a Notary, or Can Someone Else Attend on My Behalf?
If any document requires your signature, you must attend in person. South African law requires that the notary verify your identity and personally witness you signing the document. Remote or online notarisation is not recognised in South Africa — you must be physically present before the notary.
If you only need a certified or notarised copy of a document (for example, a notarised copy of your degree certificate), it may be possible for someone else to bring the original document on your behalf. However, the representative must still provide their own identification so that the notary can record who presented the document. Discuss this with the notary’s office in advance.
If you are abroad and need documents notarised in South Africa, you have two options: visit a South African embassy or consulate for limited consular notarial services, or grant a power of attorney to someone in South Africa to handle specific matters on your behalf — though the POA itself will need to have been notarised before you left.
8. What Is the Difference Between a Notary Public and a Commissioner of Oaths?
This is the single most common point of confusion about notarial services in South Africa. Both can witness signatures and administer oaths, but they are fundamentally different.
Commissioner of Oaths
- Can be a police officer, attorney, bank manager, post office manager, or any person designated under the Justices of the Peace and Commissioners of Oaths Act
- Can certify copies of documents as “true copies of the original”
- Can commission affidavits (statements under oath)
- Their certification is generally accepted for domestic purposes within South Africa only
- There is no additional qualification or examination required beyond the designation
Notary Public
- Must be a qualified attorney with a separate admission by the High Court as a notary public
- Must have passed additional notarial practice examinations
- Can execute notarial deeds and contracts (antenuptial contracts, notarial bonds, long leases)
- Can prepare notarised copies and certificates that are accepted internationally
- Their notarial acts are recognised by foreign governments, embassies, and international institutions
- They are officers of the High Court, and their acts carry a presumption of truth
The practical difference: If a foreign authority asks for a “notarised” or “certified” document, a commissioner of oaths’ stamp will almost certainly not be accepted. You need an admitted notary public. For more detail, see our article on what “notarised” means in South Africa.
9. Can a Notary Take Fingerprints?
A notary public does not take fingerprints — that is the function of the South African Police Service (SAPS) for police clearance certificates and the Department of Home Affairs for identity documents.
However, a notary can notarise and certify documents that contain or relate to fingerprints. For example, if a foreign authority requires a notarised copy of your police clearance certificate, or if a fingerprint-related document needs to enter the apostille or legalisation chain, the notary can certify and notarise the relevant documents.
10. Are Notary Services Free in South Africa?
No. Notarisation can only be performed by senior legal practitioners with additional High Court admission, and notarial work involves professional responsibility and liability that goes beyond what a commissioner of oaths provides. Notary public fees are professional fees charged for the work performed.
That said, notarial fees for straightforward services — such as a notarised copy of a passport or a life certificate for a pension fund — are generally modest. More complex notarial acts, such as drafting and executing an antenuptial contract or a power of attorney, involve higher fees to reflect the drafting, consultation, and registration work involved.
Government fees (DIRCO apostille fees, High Court fees, Deeds Office registration fees) are charged separately and at cost — we do not mark these up. We provide a detailed quote before starting any work, so you know the full cost upfront. For an overview of our fees, visit our pricing page or contact us for a quote.
11. How Do I Find a Notary Public in South Africa?
Not every law firm has a notary on staff. When looking for a notary public, you should confirm that the practitioner has been separately admitted by the High Court as a notary — this is a specific qualification beyond an ordinary attorney’s admission.
If you are in Pretoria or Gauteng, Louwrens Koen Attorneys provides notary public services from our Pretoria office, conveniently located near the High Court and DIRCO (the Department of International Relations and Cooperation). This proximity means we can handle the full process — from notarisation through to apostille and legalisation — without unnecessary delays or handoffs.
We have been providing notary public services since 1995 and handle everything from simple notarised copies to complex corporate notarisations, antenuptial contracts, and full document legalisation packages for international use.
Need a Notary Public? Contact Us.
Whether you need a single document notarised or assistance with a full legalisation chain for overseas use, Louwrens Koen Attorneys can help. Our principal personally handles every notarisation, and we assist clients across South Africa and around the world.
Contact us to book an appointment or request a quote, or send a WhatsApp message to +27 73 686 9078 for a quick response. For simple matters like notarised copies and life certificates, walk-ins are welcome during office hours.
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