Understanding the functions and duties of a notary public

The office of a notary public is very important. In order for one to be a notary public, their name should appear on the register of legal practitioners, notaries public and conveyancers in terms of section 3 of the Legal Practitioners Act [Chapter 27:07] (the Act).

Every notary public whose name appears in the register has an embossed official seal, which they use to verify, authenticate and attest, the execution of deeds and other documents, contracts and powers of attorney.

A notary public may also verify by his/her official seal, translations of documents in any Zimbabwean or foreign language into the English language or vice versa. Thus, the office of a notary public is very important. His/her signature and seal of office command international recognition. see Tawanda v Ndebele HB 27-06.

Hence, under their official seal, a notary public may note, amplify or extend, prepare, sign and seal protests concerning demurrage. A notary public may superintend the drawing by lot of bonds of foreign governments or corporations.

In Zimbabwe, a notary public is empowered to draft the following documents:

• Antenupital contracts
• Notarial lease agreements
• Notarial deeds of usufruct and servitudes
• Notarial bonds
• Powers of attorney
• Trusts
• Wills

More often than not, a notary public, administers oaths and affirmations, prepares and takes affidavits and declarations, declarations in lieu of oaths and affidavits relating to stamp and other duties. As a notary public, they take a declaration by the attesting witness of a will or deed or by any other competent person to prove the due execution therefore.

Every notary public before whom any oath, affirmation, affidavit or declaration is made in Zimbabwe or any other written law, is expected to state in the jurat of attestation at which place and on what date the oath, affirmation or declaration is taken or made.

The following documents may be notarized by a notary public in Zimbabwe:

• Birth certificates
• Death certificates
• Contracts
• Court orders
• Copies of IDs and/or passports
• Divorce orders
• Educational documents (O&A level certificates, diplomas, degrees, transcripts)
• Letters of non – impediment
• Maintenance orders
• Marriage certificates
• Medical reports
• Separation orders
• Trade and shipping documents
• Powers of attorney
• Police clearance certificates.