Generally speaking, the notary attesting a document should not be an interested party and should be in a position to give independent advice to the person seeking to execute the document. See Van den Heever v Kahn 1961 3 SA 17 (T). Interest on the part of the notary may render the instrument invalid. See also Pillai v Pillai 1963 1 SA 542 (N). For purposes of ss 3, 31(2)  and 34  of Act 23 of 1934, in order to make the Act workable in Natal, s 34(2)(a) must be read as if the words “by any court” were not included in reference to Natal (Ex parte Swales 1941 NPD 86). The status of a notary public is equal to that of an attorney (Ex parte Drummond 1945 NPD 425).

Louwrens Koen - Notary Public -South-Africa