WHY DO YOU NEED A NOTARY PUBLIC?
A Notary Public in South Africa is a specially qualified attorney who is authorised by the High Court to prepare, witness, attest and authenticate certain important legal documents and transactions.
A Notary Public is an attorney who has an extra qualification for which he/she is admitted as to the High Court in South Africa
Key duties and powers
- Draft and execute notarial deeds that must be signed before a notary, such as antenuptial (marriage) contracts, certain long-term leases, servitude agreements, and notarial bonds.
- Verify identities, confirm signatories’ capacity and willingness (no duress), and witness signatures so documents are reliable for local and international use.
- Administer oaths or solemn affirmations and take sworn declarations where required.
- Certify true copies of original documents and prepare notarial certificates and seals that make documents acceptable abroad (often used before apostille or embassy attestation).
- Perform specialised tasks such handling certain notarial deeds or property-related documents that must be lodged or registered in the office of the Registrar of Deeds.
How a notary differs from other officials
- A Notary Public is an admitted attorney who has passed a notarial competency exam and been appointed by the High Court; this gives them broader powers than a commissioner of oaths or a standard attorney for documents that require notarial formality.
- Notaries act as impartial, high‑trust officers; they must avoid conflicts of interest and apply strict ethical standards when certifying documents.
When you need a notary
- For documents intended for use overseas (so they’ll be accepted by foreign authorities) and for certain South African transactions that by law require notarial deeds (e.g., antenuptial contracts, some property securities and session of certain properties under the sectional title act.
- When a receiving institution explicitly requests notarisation rather than certification by a commissioner of oaths.
Practical notes
- Notarial acts usually require the signer to appear in person with original identification and any original documents to be certified.
- After notarisation, some documents may still need apostille/attestation depending on the destination country’s requirements.
What fees does a Notary charge in South Africa
Notary fees in South Africa vary by service, complexity and notary — typical ranges and examples are below.
Typical fee ranges
- Simple notarisation (single document signature or notarial copy): about R200–R500 per document or per page.
- Notarial attestation of identity/signature or standalone authentication: commonly R1,500–R2,500 per document.
- Apostille / High Court authentication (for documents to be used abroad): often R850–R2,500 depending on whether High Court, DIRCO or additional steps are needed.
- Antenuptial contracts, wills, trusts and other complex notarial deeds: typically several thousand rand — e.g., antenuptial contracts often R6000+; standard wills R1,700–R2,000; trust documents and registration higher and often on a tariff basis.
- Other services (translations, police-clearance processing, embassy attestations, courier/postage): charged separately and can add R250–R3,000 or more depending on service and urgency.
What affects the fee
- Document complexity and number of pages (many notaries charge per page or per document).
- Whether the notary must draft the document or simply witness/attest an existing document. Drafting a bespoke antenuptial contract or trust deed increases the cost.
- Registration or third‑party fees (Deeds Office, High Court, DIRCO, embassy) are usually extra and billed separately.
- Location, urgency and travel (call‑out fees or same‑day service carry premiums).
Practical tips before you book an appointment with a Notary
- Ask the notary for a written quote that itemises notarial fees, tribunal/registry charges, courier/postage and translation or interpreter costs.
- Confirm whether the fee is per document or per page, and whether VAT is included.
- If the document is for use abroad, clarify whether you need an apostille or embassy legalisation and the extra costs and time involved
Disclaimer: Although I am an attorney by trade, I am not YOUR attorney. This article is for informational and educational purposes only, does not constitute legal advice and does not establish any kind of attorney-client relationship with me or my firm. I am not liable or responsible for any damages resulting from or related to your use of this information.