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
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
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.
- Commissioner of oaths: Many different officials can hold this role.
- Where their work is recognised
- Commissioner of oaths: Generally recognised for local (South African) use.
- Notary public: Specifically used for international documents.
- Commissioner of oaths: Generally recognised for local (South African) use.
- 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.
- Commissioner: Everyday affidavits and certified copies for use within SA.
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
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 - Academic qualifications
👉 Apostilling academic documents and diplomas
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:
- DHA or original issuer provides the core document
- e.g. unabridged birth certificate, marriage certificate, police clearance, degree.
- e.g. unabridged birth certificate, marriage certificate, police clearance, degree.
- Notary public may certify/notarise a copy or witness your signature (where required).
- Apostille or authentication is then added so the document is accepted abroad.
For example:
- Police clearance certificate for a visa:
👉 Police Clearance (SAPS) - Unabridged birth certificates for your children’s visas:
👉 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
