Author: Tarryn Jason
Jason Attorneys Inc.
A Notary Public is an admitted Attorney of the High Court of the jurisdiction in which they reside and practise who thereafter writes and passes the Notarial Practice Examination of the Law Society of South Africa.
Certain documents can, by law, only be drawn and attested by a Notary Public for them to be acceptable, especially considering that the information contained therein is relied on by third parties. These documents are antenuptial contracts, personal servitudes (usufruct, usus, habitatio), praedial servitudes, long-term leases, cession of leases and subleases, termination of leases and subleases, notarial bonds. Regarding the Sectional Titles Act 95 of 1986, these documents are notarial tie agreements, notarial deed of real rights to extend sectional title schemes, notarial deed of real right of exclusive use area, and servitudes in respect of common property.
Certain other documents may also be drawn by a Notary despite the fact that this is not a legal requirement. In light of the fact that the office of Notary is one of dignity and honour, where utmost truth and responsibility of the correctness of the information contained in any document drafted and attested by same is noted, the advantages of any document drafted by a Notary is the presumption that every statement in the document is true and understood by the parties thereto and that all the proper solemnities have been observed by the Notary which can only be rebutted by clear proof of the opposite.
The original article by Jason Inc. can be viewed here: