---
title: When do you need a notary vs. a commissioner of oaths for emigration docs?
description: "When you start preparing documents for emigration, you’ll quickly bump into two terms that sound similar but are *not* interchangeable: **notary public** and **commissioner of oaths**. Both can stamp and sign documents, but foreign embassies, visa centres and overseas institutions…"
url: "https://apostil.co.za/emigration-guide/when-do-you-need-a-notary-vs-a-commissioner-of-oaths-for-emigration-docs/"
updated: "2025-12-03"
category: "Notaries & Legal Services"
---

# When do you need a notary vs. a commissioner of oaths for emigration docs?

When you start preparing documents for emigration, you’ll quickly bump into two terms that sound similar but are *not* interchangeable: **notary public** and **commissioner of oaths**.

Both can stamp and sign documents, but foreign embassies, visa centres and overseas institutions are usually very specific about *which* one they recognise. Using the wrong one can lead to rejected paperwork and frustrating delays.

This guide explains the difference in plain English and shows when you need which – and where Apostil.co.za fits in. For the bigger picture of your move, you can also refer to:
👉[**Emigration Guide**](https://apostil.co.za/emigration-guide/)

## **What does a commissioner of oaths do?**

A **commissioner of oaths** is authorised to:

- Administer **oaths and affirmations** (for affidavits and declarations).
- Certify that a **copy of a document is a true copy of the original**.

Commissioners of oaths are quite common in South Africa. They include, for example:

- Many attorneys
- Police officers
- Certain bank officials
- Some government officials and public servants

You’ll see their stamp on:

- Standard **affidavits** (lost ID, proof of residence, etc.)
- Certified copies for use **inside South Africa**
- Local admin like bank applications, school registrations, or insurance claims

For **domestic** use, a commissioner of oaths is often perfectly fine. The confusion starts when those documents are going **outside** South Africa.

## **What does a notary public do?**

A **notary public** is a specially qualified attorney who has completed additional exams and is formally appointed by the High Court.

A notary can:

- Verify **identities and signatures** for documents going overseas.
- **Notarise copies** of original documents for international use.
- Draft and attest certain **notarial deeds** and contracts.
- Prepare documents that will be sent on for **apostille** or **authentication**.

In the emigration context, notaries are typically involved when:

- A foreign authority explicitly asks for a **“notarised” document**.
- Documents must be **apostilled** or authenticated.
- You sign a **power of attorney** to deal with property or finances across borders.
- You sign an **affidavit or consent** that must be used *outside* South Africa.

Once notarised, your document can then be processed for international use:
👉 [**Apostille & authentication services**](https://apostil.co.za/apostille/)

## **Key differences at a glance**

- **Who they are**
  - Commissioner of oaths: Many different officials can hold this role.
  - Notary public: An **attorney with extra qualifications**, appointed by the High Court.
- **Where their work is recognised**
  - Commissioner of oaths: Generally recognised for **local (South African)** use.
  - Notary public: Specifically used for **international** documents.
- **Type of documents**
  - Commissioner: Everyday affidavits and certified copies for use *within* SA.
  - Notary: Documents that will be sent **abroad**, especially if they need an apostille.

## **When a commissioner of oaths is enough for emigration**

There *are* situations in the emigration process where a commissioner’s stamp is usually sufficient, for example:

- You’re only submitting **scanned copies** online and the embassy or visa centre specifically says “certified copies are fine”.
- A local institution (e.g. South African bank, pension fund, medical aid) needs an affidavit or certified copy while you’re **still in South Africa**.
- You’re asked for **basic affidavits** that will stay in SA and won’t be sent on to foreign authorities.

But as soon as the document is destined for a **foreign government, regulator, or court**, it’s safer to assume you’ll need either:

- A **notary public**; and/or
- An **apostille** or **authentication** on the document.

## **When you specifically need a notary for emigration documents**

You almost certainly need a **notary public** when:

### **1. The instructions say “notarised” or “notarial”**

If the embassy, consulate, university, or foreign lawyer says:

- “Provide a *notarised copy* of your passport / degree / certificate”
- “Provide a *notarised affidavit* or declaration”

…then a commissioner of oaths is **not enough**. You need a notary.

Often, these same documents then go on to be apostilled:
👉 [**Apostille & authentication services**](https://apostil.co.za/apostille/)

### **2. You’re signing a power of attorney for overseas use**

If you’re:

- Selling or buying **property abroad**,
- Giving someone authority to act for you in a foreign country, or
- Dealing with a cross-border **estate or legal matter**,

you’ll normally sign a **power of attorney** in front of a notary public. That notarised document will then be apostilled or authenticated before it is accepted by the foreign authority.

### **3. You’re notarising copies of key documents for foreign use**

In many emigration cases, you’ll be asked for **notarised copies** of:

- Passports
- Identity documents
- **Unabridged birth and marriage certificates** 👉[**Unabridged certificates – overview**](https://apostil.co.za/unabridged-certificates/)
- Academic qualifications
  👉[**Apostilling academic documents and diplomas**](https://apostil.co.za/apostilling-academic-documents/?utm_source=chatgpt.com)

A commissioner’s “certified copy” stamp is generally fine **inside** South Africa, but foreign authorities often insist on a notary’s certification paired with an apostille.

### **4. You’re submitting affidavits or consents that will be used abroad**

Examples include:

- **Parental consent affidavits** for a child to immigrate or travel.
- Affidavits explaining name changes, inconsistencies, or missing documents.
- Statements required by foreign lawyers or immigration advisers.

If these affidavits are going into a **foreign file**, rather than just sitting in a South African file, you’ll typically want them **notarised** and then apostilled.

## **Where apostilles fit in**

Think of the flow like this for most emigration documents:

1. **DHA or original issuer** provides the core document

   - e.g. unabridged birth certificate, marriage certificate, police clearance, degree.
2. **Notary public** may certify/notarise a copy or witness your signature (where required).
3. **Apostille or authentication** is then added so the document is accepted abroad.

For example:

- **Police clearance certificate** for a visa:
  👉[**Police Clearance (SAPS)**](https://apostil.co.za/police-clearance-saps/?utm_source=chatgpt.com)
- **Unabridged birth certificates** for your children’s visas:
  👉 [**Unabridged Birth Certificate**](https://apostil.co.za/civic-certificates/unabridged-birth-certificate/)

Apostil.co.za coordinates these steps so you don’t have to work out yourself when a commissioner is fine and when a notary plus apostille is needed.

## **How Apostil.co.za helps with notaries and commissioners**

Apostil.co.za works with **both** notaries and commissioners of oaths as part of its daily process. The team can:

- Advise whether your specific emigration requirement needs a **notary** or a **commissioner**.
- Arrange **notarial certifications** and then handle apostilles or embassy legalisations.
- Retrieve key documents like unabridged birth/marriage certificates and police clearances from within South Africa while you’re already abroad.
- Package everything into a clean, ready-to-submit set of documents for embassies, visa centres, universities and foreign employers.

As a rule of thumb:

- For **local**, everyday admin inside South Africa, a **commissioner of oaths** is often enough.
- For documents that are going to **foreign governments, courts, universities or regulators**, you usually need a **notary public**, and often an **apostille** on top of that.

Getting this wrong can cause unnecessary visa delays – but you don’t have to navigate it alone.

**Need help figuring out when you need a notary vs a commissioner, and getting your documents properly legalised for emigration?** Reach out to **Apostil.co.za** for fast, professional help with notarisation, apostilles, unabridged certificates, police clearances and more:
👉 [**Contact Apostil.co.za**](https://apostil.co.za/contact/)