Minute
Minute
Minute
-It must be signed by the parties and the witnesses before the Notary Public. All should
sign in the presence of each other at the same time.
-The Notary Public is obliged to keep all minute executed before him and they should be
available upon request or application by duly authorized person.
- It is kept in a protocol.
PROTOCOL
-This is a secure place or book wherein the Notary Public files or keeps his or her
minutes in their order of execution.
-The Protocol is obligatory but does not have to follow any particular, laid out form.
-If the document consists of a number of loose pages they should be bound together in
such a manner as to prevent the removal of pages. Each page of the document should
be endorsed with the Notary’s stamp.
PROTOCOL REGISTER
-This is a book where all minute filed in the Protocol are registered.
-It has to be noted that it is not all documents signed by the Notary which must be
registered and this requirement seems only to apply to deeds.
-This register is not violable except under certain circumstances provided for by law and
thus cannot be altered or mutilated in any way.
-Carelessness in the custody and preservation of deeds and failure to keep a proper
protocol and register is treated very seriously by the courts as noted in the case
authority of Law Society v Van Eyk 1910 C.P.D.
GROSSE
-This is a copy of the Minute which can be issued and subsequently signed by the
Notary.
-The Notary public is authorized, if he thinks fit, to issue it lieu of the original minute.
-A grosse has a concluding attestation different from that of a minute. To illustrate this, it
traditionally ends with the words “Signed by the Appearer’s and the witnesses and in my
presence ….”
-Historically, it was not proper to issue more than one grosse in respect of each
document but the practice has long since developed as there are no more restrictions
on the number of grosses that can be issued.
NOTARIAL DEED
-In terms of section 2 of the Deeds Registry Act, a notarial deed means a deed attested
to by a Notary Public but does not include a document which has only been
authenticated or certified by a Notary.
-A Notarial Deed hence is a document of great importance which signifies solemnity and
is generally accepted at face value by the court showing great trust reposed in it and the
one who drafts it. In Incorporated Law Society of Transvaal v Kuyper 1925 TPD 760
at 764 it was held that greatest confidence and trust is reposed in any document
executed by a Notary public. The court added that the presumption is that every
statement contained in a notarial deed is true and that all the proper solemnities have
been observed by the notary public.