A Notary is a public functionary admitted and authorised by the High Court of South Africa to draw and attest contracts and other documents and to authenticate certain documentation and public acts.

Certain documents must by law be drawn and attested by a Notary Public. A common example of such documents is an Ante Nuptial Agreement that must be drawn and attested to in front of a Notary Public prior to registration in the Deeds Office. Of further importance for a valid Ante Nuptial Agreement is that same must be signed in the presence of a Notary and the witnesses prior to the intended marriage and must be registered within three months from the date of signature.

A further common example of the need for a Notary Public is formal documentation generated in South Africa for use in another country. To be recognised in another country such documentation is required to be authenticated by a Notary Public prior to authentication by the High Court and the specific Country’s embassy or mission in South Africa. The authority of Notaries Public to effect the necessary authentication is almost universally recognised.

The legislature and Courts both place special reliance on Notarial Acts and the basic notarial qualification is regarded as elevating the basic standard of expertise of the average Attorney.