What’s the Difference?
Many people in South Africa assume that a Notary Public and a Commissioner of Oaths perform the same function. While both are authorised to deal with legal documents, their powers, responsibilities, and the legal weight of their actions are very different.
Choosing the wrong one can result in documents being rejected by foreign authorities, banks, courts, or government departments. This guide explains the difference clearly, so you know when a commissioner is sufficient, and when a notary public is legally required.
Why This Confusion Is So Common
The confusion exists because:
- Both roles involve signatures, oaths, and document verification
- Commissioners of oaths are widely accessible (police stations, banks, attorneys)
- Not all legal documents require notarisation
However, international use, property rights, and formal legal deeds often require a Notary Public, not just certification or an oath.
What Is a Commissioner of Oaths?
A Commissioner of Oaths is a person authorised to:
- Administer oaths or affirmations
- Certify copies of original documents
- Witness affidavits and declarations for local use
Commissioners of oaths may include:
- Attorneys
- Police officers
- Bank officials
- Certain public servants
What a Commissioner of Oaths Can Do
- Certify a true copy of an original document
- Witness and sign affidavits
- Administer oaths for South African legal matters
Limitations of a Commissioner of Oaths
A commissioner of oaths cannot:
- Authenticate documents for international use
- Perform notarial acts
- Attach a notarial certificate or seal
- Prepare or execute notarial deeds
This means that certified copies from a police station or bank are often rejected overseas.
What Is a Notary Public in South Africa?
A Notary Public is:
- A qualified attorney
- Who has passed a specialised notarial examination
- And is formally admitted by the High Court to perform notarial acts
Notaries are held to a higher legal standard because their work often creates documents with long-term legal and international consequences.
What a Notary Public Can Do
A Notary Public is authorised to:
- Notarise and authenticate documents
- Draft and execute notarial deeds
- Certify documents for international use
- Prepare documents for apostille or legalisation
- Administer oaths and affirmations
- Verify identity and capacity of signatories
Notarial acts carry international legal recognition, which is why they are required by foreign authorities.
Key Differences at a Glance
| Aspect | Commissioner of Oaths | Notary Public |
|---|---|---|
| Legal status | Authorised official | Attorney admitted by High Court |
| Can certify copies | Yes (local use) | Yes |
| Can notarise documents | ❌ No | ✅ Yes |
| International document use | ❌ Not accepted | ✅ Accepted |
| Can draft notarial deeds | ❌ No | ✅ Yes |
| Required for apostilles | ❌ No | ✅ Yes |
| Legal responsibility level | Limited | High |
When a Commissioner of Oaths Is Sufficient
A commissioner of oaths is usually adequate for:
- Affidavits used within South Africa
- Certified copies for local administrative purposes
- Sworn statements for courts or government departments in SA
If the document will never leave South Africa, notarisation is often unnecessary.
When You Need a Notary Public
You will usually require a Notary Public when:
- Documents are intended for use outside South Africa
- Applying for visas, work permits, or immigration
- Registering marriages, births, or deaths abroad
- Opening foreign bank or investment accounts
- Transferring property or assets internationally
- Drafting antenuptial contracts, servitudes, or notarial bonds
- Preparing documents for apostille or consular legalisation
Foreign authorities generally will not accept documents certified only by a commissioner of oaths.
Common Mistakes That Cause Document Rejection
Some of the most frequent issues include:
- Using a police station certified copy instead of notarisation
- Signing documents before seeing a notary
- Assuming certification and notarisation are the same
- Not checking the destination country’s legal requirements
- Submitting documents without proper apostille or authentication
These mistakes can lead to delays, additional costs, and re-submission of documents.
Notary Public or Commissioner of Oaths: Which Should You Choose?
If you are unsure, a good rule of thumb is:
- Local use only → Commissioner of Oaths may be sufficient
- International use or formal legal rights → Notary Public is required
When in doubt, it is always safer to consult a notary lawyer before proceeding, particularly where documents are intended for international use or require formal notarisation.
Professional Notary Services in Cape Town
If your documents require notarisation, authentication, or preparation for international use, working with an experienced notary public ensures compliance with both South African and international legal standards.
A V Dawson Inc. provides professional notarial services in Cape Town, assisting clients with notarisation, apostilles, notarial deeds, and related legal processes.
Contact Us Today
📍 Office Location
7 Link Road, Belgravia, Bellville, 7530
📞 Contact
+27 (0)21 944 8800 | +27 (0)86 512 4501
📧 info@avdawson.co.za
