Quick answer
You may need a notary when the document is a private document, a copy of a private record, a power of attorney, an affidavit, a company document, a consent document, a translation, or a document that a foreign institution specifically wants notarised. A normal certified copy is not always enough for foreign use.
Key takeaways
- You may need a notary when the document is a private document, a copy of a private record, a power of attorney, an affidavit, a company document, a consent document, a translation, or a document that a foreign institution specifically wants notarised. A normal certified copy is not always enough for foreign use.
- Ask the receiving institution for written requirements. Then identify whether the document is official, private, original, copied, translated or signed for a future transaction. Take that instruction to a notary before starting the wrong queue.
- Costs depend on whether the work is a simple notarised copy, a notarial certificate, a power of attorney, translation review, or a longer legalisation route. Timeframes depend on appointment availability and whether the document must pass through another department.
- This notarial and authentication services article is general information and still needs legal review for specific facts.
Documents and facts to prepare
- Original document.
- Certified or notarised copies where relevant.
- Passport or ID.
- Destination-country instructions.
- Power of attorney or consent wording.
- Company documents, if applicable.
- Translation and translator details, if applicable.
- Prior correspondence from the foreign institution.
Common mistakes
- Certifying a copy when a notarised copy was required.
- Apostilling the wrong document version.
- Forgetting translation requirements.
- Ignoring whether the destination country is part of the apostille system.
- Booking legalisation before the document is in the correct form.
- Sending documents abroad without checking expiry or issue-date rules.
Why this situation happens
People often ask for "an apostille" as if every document follows the same route. In practice, the route depends on the document type, who issued it, which country will receive it, and whether the destination country accepts an apostille or needs another authentication chain.
Legal explanation
South African Government guidance explains legalising official documents for use outside South Africa. DIRCO also publishes legalisation service information and booking details. Official public documents, private documents and notarised documents can follow different preparation steps before final legalisation.
A notary public can help prepare or certify some documents in a form suitable for the next authentication step.
What to do next
Ask the receiving institution for written requirements. Then identify whether the document is official, private, original, copied, translated or signed for a future transaction. Take that instruction to a notary before starting the wrong queue.
Costs and timeframes
Costs depend on whether the work is a simple notarised copy, a notarial certificate, a power of attorney, translation review, or a longer legalisation route. Timeframes depend on appointment availability and whether the document must pass through another department.
FAQs
Can a commissioner of oaths certify every document for apostille?
No. Some private documents or copies may need notarial execution or certification before the apostille or authentication step.
Does the destination country matter?
Yes. The destination country and institution can affect whether an apostille, authentication, translation or consular step is required.
Should I ask the foreign institution for instructions?
Yes. Ask what document format they require before paying for certification, notarisation or legalisation.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.