What is the Difference Between a Notary and a Lawyer in South Africa?
What is the Difference Between a Notary and a Lawyer in South Africa?
If you’re dealing with contracts, legal certifications, or property matters, you might be wondering: what is the difference between a notary and a lawyer in South Africa?
Although both professionals are involved in legal matters, they perform different roles and have different areas of expertise. Let’s break it down so you know who to contact and when.
What is a Lawyer (Attorney)?
A lawyer, or attorney, is a legal professional qualified to:
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Provide legal advice
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Represent clients in court
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Draft contracts, agreements, and legal documents
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Handle disputes, divorces, litigation, and more
In South Africa, attorneys must complete a law degree (LLB), undergo articles of clerkship, and pass the attorneys’ admission exams. They are regulated by the Legal Practice Council and are allowed to practice in various areas of law such as family law, commercial law, labour law, and criminal law.
What is a Notary Public?
A Notary Public is a qualified attorney who has completed additional notarial training and passed the Notarial Practice Exam. They are appointed by the High Court and authorised to:
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Draft and execute Antenuptial Contracts
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Prepare and register Notarial Bonds, Servitudes, and Long-Term Leases
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Notarise documents for use internationally
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Assist with apostilles and document legalisation
Notaries ensure that specific legal formalities are followed. Their work is often required for documents that are registered in the Deeds Office or submitted to foreign jurisdictions.
Key Differences Between a Notary and a Lawyer
| Function | Lawyer (Attorney) | Notary Public |
|---|---|---|
| Legal advice and litigation | ✅ Yes | ❌ No (unless also practicing as an attorney) |
| Court appearances | ✅ Yes | ❌ No |
| Drafting legal contracts | ✅ Yes | ✅ Yes (for notarial documents) |
| Notarising documents | ❌ No | ✅ Yes |
| Apostilles & legalisation | ❌ No | ✅ Yes |
| Registration of notarial deeds | ❌ No | ✅ Yes (e.g. antenuptial contracts) |
✍️ Note: All Notaries in South Africa are Lawyers, but not all Lawyers are Notaries.
When Should You Use a Lawyer?
Use a lawyer when you need:
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Legal advice or representation in court
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To draft or review business contracts
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Help with divorce, wills, estate planning, or debt collection
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Civil or criminal litigation
When Should You Use a Notary?
Use a Notary Public when you need:
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An Antenuptial Contract before marriage
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A Power of Attorney for use overseas
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Documents notarised or legalised for international use
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To register a Notarial Bond or Servitude
Final Thoughts
Understanding the difference between a Notary and a Lawyer in South Africa helps ensure you get the right professional for your needs.
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For legal advice, court representation, or general contracts — see a lawyer.
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For notarising or registering formal legal documents — see a Notary Public.
At D Netshipise Attorneys Inc, we provide both general legal services and notarial services under one roof.
📞 Need a lawyer or Notary Public in Pretoria?
Contact D Netshipise Attorneys for trusted, professional legal guidance.
