Who Can Notarize a Document in South Africa?

In South Africa only an admitted notary public may notarise a document. A notary is a practising attorney admitted as a notary by the High Court and enrolled under the Legal Practice Act 28 of 2014. Other officials have narrower authority: commissioners of oaths administer oaths; magistrates and registrars authenticate documents; sheriffs act on court process; the Master’s Office handles deceased estates; DIRCO issues the apostille for documents going abroad. Approaching the wrong official is the commonest reason a document is rejected.

The Short Answer: It Depends on the Document

“Notarise” is used loosely. A notarial act — executing a notarial deed, attesting a signature notarially, certifying a copy in notarial form — is reserved work. Section 33(3) of the Legal Practice Act 28 of 2014 provides that no person may, in expectation of fee or reward, perform any act that may only be done by an advocate, attorney, conveyancer or notary, unless that person is one.

Work backwards from the document’s purpose:

• Sworn statement (affidavit) — commissioner of oaths.
• Notarial deed (antenuptial contract, notarial bond, long-term lease) — admitted notary.
• Document for use abroad — notary, then authentication, then apostille.
• Document in court proceedings — registrar or sheriff.

Notaries Public: The Primary Notarising Professionals

The Act defines a notary as any practising attorney admitted and enrolled to practise as a notary. Section 26(3) provides that an attorney qualifies once he or she has passed the competency-based notarial examination determined by the Legal Practice Council. Notarial practice is layered on top of attorney admission, never a substitute for it.

Section 24(2) requires the High Court to admit and authorise enrolment of any applicant who is duly qualified, a citizen or permanent resident, fit and proper, and has served the application on the Council. Section 30 obliges the Council to enrol them and keep a Roll. A notary’s authority is granted by a court and recorded on a statutory roll. Burger Huyser Attorneys has admitted notaries on staff — Natasha van Deventer and Amanda le Roux at Bedfordview, and Chanté Marais at Pretoria (Menlyn).

Comparison Table: Who Can Authenticate or Notarise Which Documents in South Africa

Official / Authority	What they may do	Authority and limits
Notary public	Execute notarial deeds; attest signatures; certify copies in notarial form; administer oaths	Legal Practice Act 28 of 2014, ss 24(2), 26(3), 30. The only official who may perform the full range of notarial acts
Commissioner of oaths	Administer oaths; take declarations — affidavits only	Act 16 of 1963, s 7. Limited to oaths and declarations, within the area of appointment. No notarial deeds
Magistrate (incl. additional, assistant)	Take affidavits ex officio; sign or stamp documents ahead of legalisation	Designated under s 6 of Act 16 of 1963 (GN 903, GG 19033, 10 July 1998)
High Court registrar / assistant registrar	Take affidavits ex officio; authenticate documents before apostille	Designated under Act 16 of 1963; authentication role confirmed by Government legalisation guidance
Sheriff of the court	Serve and execute court process; issue returns of service	Sheriffs Act 90 of 1986. No notarial or certification function
Master of the High Court	Issue letters of executorship and letters of authority	Administration of Estates Act 66 of 1965. Confined to estates and trusts
DIRCO Legalisation Section	Issue the Apostille Certificate or Certificate of Authentication	Does not notarise. Authenticates documents already executed and, where required, signed by a magistrate or registrar
Consular officials	Authenticate or legalise documents for use in the consular state	Used where the receiving state requires consular legalisation rather than an apostille

Notarising vs Witnessing vs Certifying: The Confusion That Costs People Time

The commonest error is treating a commissioner of oaths as a notary. A commissioner of oaths is appointed under section 5 of Act 16 of 1963, or designated by office under section 6. The 1998 designation notice (GN 903) makes magistrates, registrars and various public officials commissioners of oaths by virtue of their posts — easy to find, and easy to assume carries more weight than it does.

It does not. Section 7 sets out the entire power: a commissioner of oaths may, within the area for which he is a commissioner of oaths, administer an oath or affirmation, or take a solemn or attested declaration. No power to execute a notarial deed; no notarial certifying power. An affidavit carries perjury penalties under section 9 if knowingly false — but it is not a notarised document.

Government legalisation guidance: documents legalised by commissioners of oaths as true copies of the original must be taken to a public notary — an attorney registered at the High Court — before they can be processed for use abroad.

When a bank, embassy, university or deeds registry asks for a document to be “notarised”, read that as a request for an admitted notary.

Apostille and Authentication for Documents Used Abroad

South Africa is a party to the Hague Convention of 1961, so documents for other contracting states carry an apostille rather than full consular legalisation. DIRCO’s Legalisation Section issues an Apostille Certificate or a Certificate of Authentication depending on the destination country. The document may first need stamping or signing by a magistrate, or a High Court registrar.

Refused outright: abridged documents and computer printouts; certified copies of marriage, birth, death or police clearance certificates; certified copies of marital status, citizenship, travel or identity documents. Sending a certified copy where an original is required costs weeks. The Legalisation Section can be reached on 012 351 1726.

Common Documents That Require Notarisation in South Africa

• Antenuptial contracts — executed before a notary and registered in a deeds registry.
• Notarial bonds — security instruments over movable property.
• Long-term leases — ten years or longer, notarially executed and registered.
• Powers of attorney for use abroad.
• Notarially certified copies of identity documents, qualifications and transcripts.
• Affidavits for filing in foreign jurisdictions.
• Deeds of donation, servitudes and formal waivers.
• Anything destined for an apostille.

What to Look for When Choosing a Notary Public

• Current enrolment. Confirm the practitioner is enrolled as a notary, not only as an attorney. The Legal Practice Council publishes a list of legal practitioners and a separate list of struck-off and suspended practitioners.
• Experience with your document type. A notary executing antenuptial contracts weekly suits an ANC; one running cross-border work suits apostille-linked instructions.
• Fee transparency. Notarial fees vary by document and complexity — ask once the instruction is scoped.
• Physical access. Notarial execution generally requires the parties to appear in person.
• Whole-chain handling — deeds registry registration and apostille steps, not only the notarial one.

Frequently Asked Questions

Can a Commissioner of Oaths notarise a document in South Africa?

No. Section 7 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 limits a commissioner of oaths to administering an oath or affirmation and taking a solemn or attested declaration, within the area of appointment. A commissioner of oaths cannot execute notarial deeds or certify copies in a notarial capacity. Only an admitted notary public may perform those reserved acts, after passing the Council’s notarial examination, being admitted by the High Court and being enrolled under the Legal Practice Act 28 of 2014.

How do I check that a notary is currently registered?

Check with the Legal Practice Council, which section 30 of the Legal Practice Act 28 of 2014 requires to keep a Roll of Legal Practitioners. The Council publishes a list of legal practitioners and a separate list of struck-off and suspended practitioners. Confirm the practitioner is enrolled specifically as a notary, not only as an attorney — those are separate entries. Work by a practitioner who is not properly enrolled will be rejected further down the chain.

What is the difference between notarisation and apostille?

Notarisation is the execution of a document in notarial form before an admitted notary public. An apostille is the certificate issued afterwards so the document is recognised abroad. DIRCO’s Legalisation Section issues either an Apostille Certificate or a Certificate of Authentication depending on the destination country, and a document may first need signing or stamping by a magistrate or a High Court registrar.

How much does it cost to notarise a document in South Africa?

Notarial fees vary by document type and complexity, so a notary quotes once the document and the parties’ requirements are confirmed. An antenuptial contract registered in a deeds registry involves more work than a single notarially certified copy. Burger Huyser Attorneys discusses fees transparently once the instruction is scoped.

Where can I find a notary public in Gauteng?

Confirm any notary’s current enrolment with the Legal Practice Council first. Burger Huyser Attorneys has admitted notaries at its Bedfordview branch on 011 201 7190 (Natasha van Deventer and Amanda le Roux) and its Pretoria branch in Menlyn on 012 471 5700 (Chanté Marais). Both handle antenuptial contracts, certified copies, powers of attorney and documents destined for apostille.

If you need a notary rather than a commissioner of oaths, Burger Huyser Attorneys has admitted notaries at two Gauteng branches: Bedfordview, 45A Florence Avenue, Bedfordview, Johannesburg, 2008, on 011 201 7190 (Natasha van Deventer and Amanda le Roux), and Pretoria, Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, Menlyn, 0063, on 012 471 5700 (Chanté Marais). Bring the original document, valid identification and the receiving institution’s instructions; the firm will confirm whether you need a notary or only a commissioner of oaths, and quote once the instruction is scoped. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified).