Civil Procedure
Notary Public
A notary public is a specially qualified attorney who authenticates documents, executes notarial deeds, and certifies matters for legal use locally or internationally.
Legal Definition
A practising attorney who has been admitted to practise as a notary by the High Court. Notaries execute: antenuptial contracts, notarial bonds, authentication of documents for international use (apostille), deeds of servitude, and other formal notarial deeds.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Legal Practice Act 28 of 2014
Practical Example
You need to send your birth certificate to Germany for a visa application. A notary public authenticates the document with an apostille (international certification), making it valid abroad.
Frequently Asked Questions
What is the difference between a notary and a commissioner of oaths?
Any attorney (and many others) can commission affidavits. A notary is a specialised qualified attorney who executes formal notarial deeds and international certifications.
What is an apostille?
An authentication under the Hague Apostille Convention (1961) — a certificate attached to a document, verifying the official's signature, to make it acceptable in signatory countries without further legalisation.
Do I need a notary for an ANC?
Yes. The Matrimonial Property Act requires an ANC to be executed before a notary and registered within three months of marriage.
Related Terms
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