In South Africa, legal documents often require official certification or verification. Two professionals who perform these duties are a Notary Public and a Commissioner of Oaths—but despite some similarities in their roles, they are not interchangeable. Many people incorrectly assume that either can do the other’s job, which can lead to delays, invalid documents, or legal complications. This article explains the difference between the two, offering clarity through practical examples.

What is a Commissioner of Oaths?

A Commissioner of Oaths is authorised to administer oaths or affirmations and to certify documents as true copies. Their primary role is to confirm that the content of an affidavit or declaration is true, and that the person making the statement understands and swears to its accuracy.

Who Can Be a Commissioner of Oaths?

Commissioners of Oaths include:

• Police officers
• Bank managers
• Postmasters
• Certain government officials
• Lawyers
• Accountants
• Clerks of the court

These individuals are appointed in terms of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, and must act within the scope of their office.

When Would You Use a Commissioner of Oaths?

You would approach a Commissioner of Oaths when you need:

• An affidavit signed for a lost ID, passport, or insurance claim.
• A certified copy of a document, like a driver’s licence or university degree.
• A statement under oath to be submitted to a court or legal body.
• To verify your identity on documents such as proof of residence.

This service is often free and accessible at police stations, banks, or municipal offices.

What is a Notary Public?

A Notary Public is a qualified attorney who has passed the notarial examination and received special admission from the High Court. Their role is more specialised and includes the authentication and drafting of documents for both local and international use.

What Does a Notary Public Do?

Notaries are authorised to:

• Draft and notarise antenuptial contracts (ANCs).
• Authenticate powers of attorney and legal documents for use abroad.
• Assist with notarial bonds, notarial deeds, and notarial certifications.
• Notarise documents to be apostilled for foreign use.

Their work is governed by the Attorneys Act 53 of 1979, and their official notarial seal is used to validate documents.

When Would You Use a Notary Public?

Common examples include:

• Signing an antenuptial contract before marriage.
• Authorising a travel consent letter for a child travelling internationally.
• Certifying documents to be submitted to a foreign embassy or consulate.
• Executing a notarial deed of servitude over immovable property.

Notarial services usually come at a cost and are only provided by specially trained legal professionals.

Practical Example 1: Certifying a Copy of Your ID

You go to the local police station to have a copy of your ID certified. The officer on duty signs and stamps it, confirming it is a true copy of the original. This is done by a Commissioner of Oaths.

Practical Example 2: Preparing for an International Move

You’re emigrating and need documents authenticated for use in a foreign country, such as your birth certificate and university qualifications. These documents must be notarised and apostilled. This must be done by a Notary Public.

Practical Example 3: Getting Married

You and your partner want to sign an antenuptial contract before your wedding. This legal document must be drafted and signed in the presence of a Notary Public. A Commissioner of Oaths cannot do this.

Aucamp Attorneys - Professional Notary Public Services

Misunderstanding the roles of a Notary Public and a Commissioner of Oaths can lead to unnecessary setbacks—especially when legal timelines or international requirements are involved. If you’re unsure which professional you need, it’s worth getting clear guidance upfront.

At Aucamp Attorneys, we provide trusted notarial services for everything from antenuptial contracts to international document authentication. Whether you’re preparing for marriage, moving abroad, or handling cross-border legal matters, our team ensures your documents are properly drafted, signed, and recognised—here and overseas.

Need assistance with a notarial matter? Contact Aucamp Attorneys for legally sound, efficient service.