Section 14: Subscribing notarial deeds

14. Subscribing notarial deeds (1) Before a party or witness is required to subscribe a notarial deed, the notary shall— (a) ascertain that no witness to the deed is disqualified under this Act; (b) read out the deed to the party, in the presence of the witnesses, if any; (c) ascertain whether the party and the witnesses, if any, sufficiently understand the language in which the deed is drawn up to understand its contents; (d) where a party or a witness does not understand the language or the contents of the deed, explain its contents to that person in a language which he understands or, if he is unable to do so, make use of the assistance of an interpreter who will explain the contents of the deed and sign it; (e) cause the party and the witnesses, if any— (i) to sign the deed and any marginal note made under section 13; (ii) to initial the foot of the recto of every page and every addition made under section 13; (f) record at the end of the deed the fact that paragraphs (a) to (e) have been complied with; (g) sign— (i) the deed; and (ii) any addition made under section 13; and (h) initial the foot of the recto of every page and every marginal note made under section 13. (2) Where a party to a notarial deed is unable to sign the deed by reason of illiteracy or physical incapacity— (a) the party shall affix his fingerprint to the deed; or N37 – 10 (1) [Issue 8] Notaries Act (b) there shall be 2 witnesses or, as the case may be, 2 further witnesses to the deed; and (c) the notary shall— (i) record the fact of, and the reason for, the inability of the party to sign; (ii) record of which particular finger a print is affixed; and (iii) certify that the party affixed the print to the deed in his presence and in that of the witnesses referred to in paragraph (b). (2A) Every initial or signature required under this section may be made by way of digital signature. (3) Where a notary fails to comply with any provision of subsection (1) or (2), this shall render the deed voidable. [S. 14 amended by s. 18 (c) of Act 26 of 2013 w.e.f. 2 July 2015.]