When it comes to legal transactions, precision and authenticity are everything. In South Africa, notary services play a critical role in ensuring that important agreements, contracts, and documents are valid, enforceable, and recognised both locally and internationally.
Yet many people don’t fully understand what a notary does or why their services are so vital. Whether you’re buying property, getting married, emigrating, or entering into an international agreement, a notary can safeguard your rights and give legal effect to your documents.
At Shapiro & Haasbroek Inc., our notaries combine decades of experience with the highest professional standards to provide clients with certainty, security, and peace of mind.
This guide explores everything you need to know about notary services in South Africa — from the types of documents notaries handle, to their powers, duties, and why you might need one.
What Is a Notary Public?
A Notary Public (or simply “notary”) is an attorney who has completed additional qualifications and been admitted by the High Court of South Africa to practice as a notary.
Unlike ordinary attorneys, notaries have special authority to:
- Authenticate documents,
- Administer oaths and affirmations,
- Certify copies of documents,
- Draft and execute notarial deeds and contracts,
- Witness signatures on certain high-value or sensitive legal instruments.
A notary’s work is governed by strict legal and ethical standards, and any document bearing their official signature and seal carries a high degree of trust and evidentiary value in court and other legal proceedings.
Why Notary Services Matter
In South Africa, notary services are not just a formality — they are a legal requirement in many areas of law. A document that should be notarised but isn’t may be rejected by courts, government departments, or foreign authorities.
Notaries also serve as impartial witnesses, reducing the risk of fraud, coercion, or misunderstanding. Their involvement ensures that:
- Contracts are entered into willingly and knowingly,
- Property rights are properly recorded,
- Family arrangements like antenuptial contracts are enforceable,
- International documents are recognised abroad.
Key Areas of Notary Services in South Africa
1. Antenuptial Contracts (ANCs)
One of the most common reasons South Africans visit a notary is to sign an antenuptial contract before marriage.
- Without an ANC, you are automatically married in community of property, meaning all assets and debts are shared.
- An ANC allows you to marry out of community of property, with or without accrual.
- Only a notary may draft and execute an antenuptial contract, and it must be registered at the Deeds Office within three months of signature.
This single document can protect spouses from financial risks and ensure clarity in the marriage regime.
2. Notarial Deeds and Contracts
Certain legal documents require a notary’s involvement to be valid. Examples include:
- Servitudes (rights registered over immovable property, such as a right of way).
- Long-term leases exceeding ten years, which must be notarised and registered.
- Notarial bonds, where movables are used as security for a debt.
These documents are registered at the Deeds Office, giving them public and binding legal effect.
3. Authentication of Documents for International Use
If you are emigrating, studying abroad, or conducting business internationally, your documents often need to be notarised and sometimes apostilled or legalised for foreign recognition.
Examples include:
- Birth, marriage, and death certificates,
- Educational qualifications,
- Powers of attorney,
- Contracts with foreign companies.
A notary ensures the authenticity of the document before it is legalised for international use.
4. Powers of Attorney
A power of attorney allows someone else to act on your behalf in legal or financial matters.
When such powers are used for significant transactions (e.g., transferring property, conducting international business), notarisation may be required to ensure authenticity and prevent fraud.
5. Wills and Trusts
Although not all wills need to be notarised, in certain circumstances — especially where foreign assets are involved — a notarised will or trust document may be essential to ensure recognition in other jurisdictions.
6. Certifying Copies of Documents
While commissioners of oaths can certify ordinary copies, notaries can provide notarially certified copies, which carry greater weight internationally and in high-value transactions.
7. Miscellaneous Notary Services
Other tasks notaries may perform include:
- Drafting notarial deeds of cession, partnership agreements, or exclusive use rights.
- Authenticating affidavits and statutory declarations.
- Witnessing affidavits for use abroad.
- Drafting notarial agreements for unusual or complex transactions.
How to Use Notary Services: Step-by-Step
1. Identify Your Need
Determine whether your document or transaction requires notarisation. If unsure, consult a notary — they will advise you.
2. Prepare Documents
Bring originals, identification (ID or passport), and any supporting documents.
3. Meeting with the Notary
- The notary verifies your identity.
- Ensures you understand the content of the document.
- Witnesses your signature.
- Applies the notarial seal and signature.
4. Registration (if applicable)
Some notarial documents (e.g., antenuptial contracts, servitudes) must be registered at the Deeds Office to take effect.
5. Legalisation/Apostille (for international use)
If your document will be used outside South Africa, it may need to be apostilled by the Department of International Relations and Cooperation (DIRCO) or legalised via consular channels.
The Role of the Deeds Office
Many notarial deeds must be registered at the Deeds Registry to be valid. The Deeds Office maintains public records of:
- Antenuptial contracts,
- Long-term leases,
- Notarial bonds,
- Servitudes.
This ensures transparency and protects third parties who may rely on the public record.
Common Misconceptions About Notaries
“Any attorney can notarise.”
Only attorneys admitted as notaries by the High Court can perform these functions.
“Notarisation is just a stamp.”
Notaries go beyond stamping — they verify identity, consent, and legality.
“I don’t need a notary if I trust the other party.”
Trust is important, but notarisation ensures enforceability and prevents disputes down the line.
Statistics: Why Notary Services Are Essential
- According to the Deeds Office Annual Report, over 60,000 antenuptial contracts are registered annually in South Africa.
- The South African Qualifications Authority (SAQA) reports that notarisation and apostille are the top two reasons for delays in students applying abroad — showing how critical accuracy is.
- The Legal Practice Council emphasises that notaries play a key role in reducing fraud and ensuring legal certainty in high-value transactions.
Why Choose Shapiro & Haasbroek Inc. for Notary Services?
- Experience: Our notaries have years of expertise in both standard and complex notarial work.
- Accessibility: We guide clients step-by-step, ensuring they understand every part of the process.
- Efficiency: We handle Deeds Office registrations and legalisation processes swiftly.
- Trust: As officers of the court, our notaries uphold the highest ethical standards.
Whether you’re signing an antenuptial contract, registering a servitude, or preparing documents for international use, our notaries ensure your documents carry full legal weight.
Notary services may seem technical, but they touch the most important aspects of life — from marriage and family to property and business. Ensuring your documents are properly executed, registered, and authenticated protects your rights and prevents costly disputes.
At Shapiro & Haasbroek Inc., we pride ourselves on making this process simple, clear, and reliable for every client.
