1. Two parties, in the presence of a
notary public and two witnesses must execute the bilateral notarial deed,
prepared by an attorney, whereafter the deed must be lodged for registration in
a deeds registry at the deeds office. If a party to the deed authorises an
agent to act on his/her behalf, a special power of attorney should be prepared
by the notary public and signed by the party authorising the agent to sign all
the necessary documentation on his/her behalf.
2. The notary public must affix his/her
seal to the deed, which he/she executes, or certifies. The notary public also
provides a protocol number, which appears on the front page of the notarial
deed.
How does this relate to preparing a notarial deed for commonage?
1. To ensure that commonage is used for
the intended purposes, DLA requires that a notarial deed be registered against
the title deed.
2. DLA appoints an attorney,
instructing him/her to prepare, appear before a notary public and execute the
notarial deed. A pro forma notarial deed, including the conditions stipulated
by DLA, has been drawn up and approved by the Chief Registrar of the Deeds
office.
3. The two parties responsible for
executing the notarial deed are the Premier of the relevant province and the
relevant municipality.
4. However, it is not expected of the
Premier or the municipality, to appear in person before the notary public. Both
parties can delegate the executing power to the appointed attorney. (See
example of power of attorney). The attorney in his/her capacity as duly
authorised agent appears before the notary public.