What is a Notary Public in South Africa?

A notary public in South Africa is an admitted attorney who, on application to the High Court and on passing the notary public examination, has been admitted as a notary and registered with the Master of the High Court under the Notaries Act. The role is distinct from a general attorney: a notary holds a statutory office, uses an official seal, and is empowered to authenticate signatures and documents, certify copies, administer oaths, draw up antenuptial contracts, and register notarial bonds. South Africa acceded to the Hague Apostille Convention in 1995, so a notary issues an apostille certificate (or routes the document through the High Court or DIRCO) when South African documents must be produced in another convention country. Practising notaries fall under the Legal Practice Council’s disciplinary framework.

The Statutory Office: Where the Role Comes From

The notary public role is created by the Notaries Act, which governs admission, registration, the official seal, and the disciplinary framework for practising notaries. Because the statute is national in scope, the role and powers are the same in Johannesburg, Pretoria, Cape Town, and Durban — the seal and registration travel with the practitioner, regardless of which division of the High Court admitted them.

A candidate must first be admitted as an attorney (or hold equivalent qualifications), then pass the notary public examination and be found fit and proper. The High Court admits the candidate as a notary, and the Master of the High Court effects the registration and issues the practising-notary certificate. Only then may the practitioner hold themselves out and act as a notary public.

Who a Notary Public Is — and Is Not

A notary public in South Africa is first and foremost an admitted attorney. The role is an additional statutory office layered on top of the attorney’s right to practise, not a separate profession. Most practitioners admitted as notaries continue to practise as attorneys.

Three distinctions matter:

• Versus a general practising attorney: a notary holds an official seal that authenticates the documents they sign and certify.
• Versus a commissioner of oaths: a commissioner can witness signatures and administer oaths. A notary has those powers too, but goes further — authenticating documents for use abroad, registering notarial bonds, and drawing up antenuptial contracts.
• Versus a conveyancing attorney: property transfer is one slice of what some notaries do, but the notary’s role is broader and includes authentication, antenuptial contracts, and notarial bond registration.

Burger Huyser Attorneys’ Bedfordview branch (Natasha van Deventer and Amanda le Roux) and the Pretoria branch (Chanté Marais) both maintain the dual attorney-and-notary practice.

What a Notary Public Can Do

The powers attached to the office break down into six core notarial acts:

• Authenticate signatures and documents — certify that a signature was made by the identified person in the notary’s presence.
• Certify copies of original documents — for use in South Africa and, with an apostille, abroad.
• Administer oaths and affirmations — including sworn declarations and affidavits.
• Draw up antenuptial contracts — the formal contract under which a marriage out of community of property is recorded before the marriage.
• Register notarial bonds — security over movable property that travels with the asset rather than staying at a fixed registry.
• Draft and authenticate deeds and instruments for registration in a deeds registry or other official record.

Notarial & Conveyancing services appear as a named practice area at Burger Huyser Attorneys because the office combines these powers.

How to Become a Notary Public in South Africa

The path from attorney to notary runs through the High Court and the Master of the High Court:

1. Be admitted as an attorney, or hold a qualification the High Court accepts as substantially equivalent.
2. Apply to write and pass the notary public examination.
3. Apply to the High Court for admission as a notary, on motion supported by the necessary affidavits.
4. Once granted, register with the Master of the High Court and obtain the official seal and practising certificate.
5. Practise subject to the Legal Practice Council’s disciplinary framework, alongside the attorney’s annual practising-certificate requirement.

Notaries and the Apostille Process

South African documents produced for use in another country that is a signatory to the Hague Apostille Convention must carry an apostille certificate. South Africa acceded in 1995, and the apostille process is the standard route for documents going to other Hague countries.

The notary’s role is to authenticate the underlying signature, copy, or document so it is in a fit state to be apostilled. The apostille itself is issued by the High Court (or, for certain categories, by DIRCO) — not by the notary — but the notary’s authentication is the prerequisite step. For non-Hague countries, the chain ends at DIRCO legalisation.

Common Situations Where a Notary Public Is Needed

Situation	Notary’s Role
Authenticating a document for use abroad	Notary authenticates the signature or copy; the apostille or legalisation is then issued by the High Court or DIRCO.
Certifying a copy of an ID or qualification	Notary certifies the copy as a true copy of the original document seen.
Drafting an antenuptial contract	Notary prepares, attests, and registers the ANC against the marriage.
Notarial bond over movable assets	Notary drafts and registers the bond for the creditor’s security.
Sworn declarations and affidavits	Notary administers the oath and attests the deponent’s signature.
Power of attorney for use abroad	Notary drafts and authenticates the instrument before apostille or legalisation.

How Notaries Are Regulated

Practising notaries are subject to the Legal Practice Council’s disciplinary jurisdiction in the same framework as attorneys. The annual practising-certificate regime applies — a notary without a current LPC certificate is acting unlawfully. The Master of the High Court maintains the register of notaries and the official seal record. Confirming admission status on the LPC’s public roll is the standard check before relying on any notarial act.

Frequently Asked Questions

What is the difference between a notary public and a regular attorney in South Africa?

A notary public is first admitted as an attorney, then takes on the additional statutory office of notary by passing the notary public examination and being admitted by the High Court under the Notaries Act. A notary’s additional powers include authenticating documents, certifying copies, drafting and registering antenuptial contracts, and registering notarial bonds. The notary office carries its own seal, registration, and disciplinary layer.

Can any attorney in South Africa notarise a document?

No — only an attorney admitted as a notary public by the High Court who holds a current practising certificate can authenticate documents in the capacity of a notary. Authentication by an attorney who has not been admitted as a notary has no notarial force and will be rejected by any registry or foreign authority requiring a notary’s authentication. Confirm current status on the LPC roll before relying on a notarial act.

Do I need a notary for an apostille in South Africa?

Not necessarily directly — the apostille is issued by the High Court (and in some cases DIRCO) once the document is in a fit state. The notary authenticates the document first. For Hague countries the chain is notary authentication, then High Court apostille. For non-Hague countries, the chain ends at DIRCO legalisation.

How much does a notary charge in South Africa?

Fees are not statutorily fixed for every notarial act; they depend on the nature and complexity of the work. Attorneys quote on a per-matter basis once the scope is clear. Burger Huyser’s Bedfordview and Pretoria branches, both of which have admitted notaries on staff, will provide a written quote after an initial conversation.

How do I verify that someone is a real notary public in South Africa?

Confirm current admission and practising-certificate status on the Legal Practice Council’s public roll at lpc.org.za. A practitioner not on the current LPC roll as admitted and authorised to practise cannot act as a notary, regardless of letterhead or signage. The Master of the High Court in the relevant division also holds the seal record.

If you need a notary public for an antenuptial contract, an authenticated document for use abroad, a certified copy, or a notarial bond, Burger Huyser Attorneys’ Bedfordview and Pretoria branches have admitted notaries on staff and can quote after a brief conversation. Bedfordview: 45A Florence Avenue, 011 201 7190. Pretoria (Menlyn): Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, 012 471 5700. The LPC’s roll at lpc.org.za is the authoritative check for current admission.