1.1 General

Question 1

Requirements for admission as a notary?

Answer 1

S24(2) of the Legal Practice Act states HC must admit to practice and authorise the person to be enrolled as a notary if:

1. An attorney
2. WHo has passed competency-based exam/assessment for notaries determined by LPC (into S26(3) of the Act)
3. Is an SA citizen OR permanent resident
4. Fit and proper person to be so admitted
5. HAs served a copy of the application on LPC containing the information as determined in the rules within the time period determined by the rules

Question 2

What does S 31(1)(a) of LP Act state?

Answer 2

Provides for cancellation or suspension of enrollment of LP by the LPC if HC orders that the LP’s name be stick off the roll or that he is suspended from practice

Question 3

What does S 25(1) of LP Act state?

Answer 3

Person who has been admitted and enrolled to practice as LP in teros of act is entitled to practice throughout RSA

Question 4

Definition of Notary Public as in Deeds Registries Act

Answer 4

S102

“NP” means - in relation to any deed of other document creating or conveying real rights of land, a person practicing as such in the Republic and in relation to any document executed outside the Republic, a person practising the place where the document is executed.

Question 5

What are the implications for the definition of a notary public in relation to real rights

Answer 5

Deeds creating real rights in land can be executed by any notary practising as such in SA, irrespective of where he practices and irrespective of where the land is situated.