MASTERING NOTARIAL PRACTICE IN SOUTH AFRICA: COMPREHENSIVE LPL4805
EXAMINATION PREPARATION
SECTION A: THE OFFICE, ROLE, AND ADMISSION OF NOTARIES
1. A notary public in South Africa is best described as:
A) A public officer authorized to certify documents for international use only
B) A public officer admitted and authorized by the High Court to prepare and execute
contracts and other documents and to authenticate public acts under supervision of the
High Court
C) A legal practitioner who exclusively handles conveyancing matters
D) A government official appointed by the Minister of Justice
Answer: B
Rationale: A notary is a public officer admitted and authorized by the High Court to prepare
and execute contracts and other documents and to authenticate public acts under
supervision of the High Court.
2. Only a practicing ________ who has been admitted as a notary may practice as such
in South Africa.
A) Advocate
B) Conveyancer
C) Attorney
D) Magistrate
Answer: C
Rationale: Only a practicing attorney who has been admitted as a notary may practice as
such.
3. Which court has the authority to admit a person as a notary in South Africa?
A) Magistrates Court
B) Supreme Court of Appeal
C) High Court
D) Constitutional Court
,Answer: C
Rationale: A notary is admitted and authorized by the High Court.
4. The office of notary originated from which legal system?
A) English common law
B) Roman law
C) Germanic customary law
D) Islamic law
Answer: B
Rationale: The origin of the office of a notary is traced to Roman law.
5. Which of the following is NOT a requirement for admission as a notary in South
Africa?
A) Obtaining a prescribed university degree
B) Successfully completing a prescribed period of articles
C) Passing the prescribed practical examination for notaries
D) Being a practicing advocate for at least five years
Answer: D
Rationale: A notary must have obtained a prescribed university degree, successfully
completed a prescribed period of articles, and passed the prescribed practical
examination for notaries. The person must be a practicing attorney, not an advocate.
6. The registrar of the High Court keeps a register in which the names and signatures of
all notaries, attorneys, and conveyancers admitted in each province appear. This
register is known as the:
A) National Legal Register
B) Roll of Legal Practitioners
C) Provincial Register of Notaries
D) Deeds Registry Roll
Answer: B
Rationale: The registrar of the High Court keeps a register in which the names and
signatures of all the notaries (and attorneys and conveyancers) admitted in each province
appear.
7. A notary's duty of care primarily requires the notary to:
A) Maximize profits for the client
B) Ensure the document reflects the client's commercial interests above all else
C) Ascertain the identity of those who sign documents, ensure persons acting in official
capacity have authority, and satisfy themselves regarding the contractual capacity of
,parties and witnesses
D) Guarantee the legal validity of all transactions irrespective of the parties' capacity
Answer: C
Rationale: The duty of care requires a notary to ascertain the identity of those who sign
documents, ensure that persons acting in official capacity have the necessary authority,
and satisfy themselves regarding the contractual capacity of the parties and witnesses.
8. The office of notary is held in high esteem and great emphasis is placed on the
notary's duty of care and qualities such as:
A) Profitability, efficiency, and speed
B) Responsibility, credibility, impartiality, and professional integrity
C) Advocacy, litigation skills, and courtroom experience
D) Commercial awareness, marketing skills, and networking
Answer: B
Rationale: The office of notary is held in high esteem and great emphasis is placed on the
notary's duty of care and on qualities such as responsibility, credibility, impartiality and
professional integrity.
9. A notary is bound to honour the code of conduct adopted by which professional
body?
A) The South African Bar Association
B) The Law Society of South Africa
C) The Deeds Registries Association
D) The Notarial Association of South Africa
Answer: B
Rationale: A notary is also bound to honour the code of conduct for attorneys adopted by
the Law Society of South Africa.
10. A notary may be suspended from office by:
A) The President of South Africa
B) The Minister of Justice
C) The Law Society or of its own motion by the court
D) The Deeds Registry
Answer: C
Rationale: A notary may be suspended by the Law Society or of its own motion by the court
if guilty of unprofessional conduct.
, 11. Which legislation governs the admission and practice of notaries in South Africa?
A) The Deeds Registries Act 47 of 1937
B) The Legal Practice Act 28 of 2014
C) The Attorneys Act 53 of 1979
D) The Notarial Practice Act
Answer: B
Rationale: The Legal Practice Act 28 of 2014 governs the admission and practice of legal
practitioners including notaries.
12. The term "PAPASPA" in notarial practice refers to:
A) A statutory requirement for document certification
B) A mnemonic for the description of a notary
C) A prescribed fee structure for notarial services
D) A type of notarial bond
Answer: B
Rationale: "PAPASPA" is a mnemonic used in study materials to describe a notary as a
public officer admitted and authorized by the High Court to prepare and execute contracts
and authenticate public acts.
13. A notary's primary duty under Roman-Dutch law is to:
A) Act as a legal representative in court proceedings
B) Prepare and execute contracts and other documents and authenticate public acts
C) Provide financial advice to clients
D) Mediate disputes between parties
Answer: B
Rationale: The primary duty of a notary in South Africa according to Roman-Dutch law is to
prepare and execute contracts and other documents and to authenticate public acts.
14. Which of the following statements about a notary's practice is CORRECT?
A) A notary may practice at any place in the Republic of South Africa without restriction
B) A notary may only practice in the province where admitted
C) A notary must practice from a registered office in the same deeds registry area as their
admission
D) A notary may practice throughout the Republic subject to registration requirements
Answer: D
Rationale: The registrar of the High Court keeps a register of notaries admitted in each
province, and notaries may practice subject to these registration requirements.
EXAMINATION PREPARATION
SECTION A: THE OFFICE, ROLE, AND ADMISSION OF NOTARIES
1. A notary public in South Africa is best described as:
A) A public officer authorized to certify documents for international use only
B) A public officer admitted and authorized by the High Court to prepare and execute
contracts and other documents and to authenticate public acts under supervision of the
High Court
C) A legal practitioner who exclusively handles conveyancing matters
D) A government official appointed by the Minister of Justice
Answer: B
Rationale: A notary is a public officer admitted and authorized by the High Court to prepare
and execute contracts and other documents and to authenticate public acts under
supervision of the High Court.
2. Only a practicing ________ who has been admitted as a notary may practice as such
in South Africa.
A) Advocate
B) Conveyancer
C) Attorney
D) Magistrate
Answer: C
Rationale: Only a practicing attorney who has been admitted as a notary may practice as
such.
3. Which court has the authority to admit a person as a notary in South Africa?
A) Magistrates Court
B) Supreme Court of Appeal
C) High Court
D) Constitutional Court
,Answer: C
Rationale: A notary is admitted and authorized by the High Court.
4. The office of notary originated from which legal system?
A) English common law
B) Roman law
C) Germanic customary law
D) Islamic law
Answer: B
Rationale: The origin of the office of a notary is traced to Roman law.
5. Which of the following is NOT a requirement for admission as a notary in South
Africa?
A) Obtaining a prescribed university degree
B) Successfully completing a prescribed period of articles
C) Passing the prescribed practical examination for notaries
D) Being a practicing advocate for at least five years
Answer: D
Rationale: A notary must have obtained a prescribed university degree, successfully
completed a prescribed period of articles, and passed the prescribed practical
examination for notaries. The person must be a practicing attorney, not an advocate.
6. The registrar of the High Court keeps a register in which the names and signatures of
all notaries, attorneys, and conveyancers admitted in each province appear. This
register is known as the:
A) National Legal Register
B) Roll of Legal Practitioners
C) Provincial Register of Notaries
D) Deeds Registry Roll
Answer: B
Rationale: The registrar of the High Court keeps a register in which the names and
signatures of all the notaries (and attorneys and conveyancers) admitted in each province
appear.
7. A notary's duty of care primarily requires the notary to:
A) Maximize profits for the client
B) Ensure the document reflects the client's commercial interests above all else
C) Ascertain the identity of those who sign documents, ensure persons acting in official
capacity have authority, and satisfy themselves regarding the contractual capacity of
,parties and witnesses
D) Guarantee the legal validity of all transactions irrespective of the parties' capacity
Answer: C
Rationale: The duty of care requires a notary to ascertain the identity of those who sign
documents, ensure that persons acting in official capacity have the necessary authority,
and satisfy themselves regarding the contractual capacity of the parties and witnesses.
8. The office of notary is held in high esteem and great emphasis is placed on the
notary's duty of care and qualities such as:
A) Profitability, efficiency, and speed
B) Responsibility, credibility, impartiality, and professional integrity
C) Advocacy, litigation skills, and courtroom experience
D) Commercial awareness, marketing skills, and networking
Answer: B
Rationale: The office of notary is held in high esteem and great emphasis is placed on the
notary's duty of care and on qualities such as responsibility, credibility, impartiality and
professional integrity.
9. A notary is bound to honour the code of conduct adopted by which professional
body?
A) The South African Bar Association
B) The Law Society of South Africa
C) The Deeds Registries Association
D) The Notarial Association of South Africa
Answer: B
Rationale: A notary is also bound to honour the code of conduct for attorneys adopted by
the Law Society of South Africa.
10. A notary may be suspended from office by:
A) The President of South Africa
B) The Minister of Justice
C) The Law Society or of its own motion by the court
D) The Deeds Registry
Answer: C
Rationale: A notary may be suspended by the Law Society or of its own motion by the court
if guilty of unprofessional conduct.
, 11. Which legislation governs the admission and practice of notaries in South Africa?
A) The Deeds Registries Act 47 of 1937
B) The Legal Practice Act 28 of 2014
C) The Attorneys Act 53 of 1979
D) The Notarial Practice Act
Answer: B
Rationale: The Legal Practice Act 28 of 2014 governs the admission and practice of legal
practitioners including notaries.
12. The term "PAPASPA" in notarial practice refers to:
A) A statutory requirement for document certification
B) A mnemonic for the description of a notary
C) A prescribed fee structure for notarial services
D) A type of notarial bond
Answer: B
Rationale: "PAPASPA" is a mnemonic used in study materials to describe a notary as a
public officer admitted and authorized by the High Court to prepare and execute contracts
and authenticate public acts.
13. A notary's primary duty under Roman-Dutch law is to:
A) Act as a legal representative in court proceedings
B) Prepare and execute contracts and other documents and authenticate public acts
C) Provide financial advice to clients
D) Mediate disputes between parties
Answer: B
Rationale: The primary duty of a notary in South Africa according to Roman-Dutch law is to
prepare and execute contracts and other documents and to authenticate public acts.
14. Which of the following statements about a notary's practice is CORRECT?
A) A notary may practice at any place in the Republic of South Africa without restriction
B) A notary may only practice in the province where admitted
C) A notary must practice from a registered office in the same deeds registry area as their
admission
D) A notary may practice throughout the Republic subject to registration requirements
Answer: D
Rationale: The registrar of the High Court keeps a register of notaries admitted in each
province, and notaries may practice subject to these registration requirements.
