Notaries Public and Notarial Functions Act, 1968
- Commenced on 1 March 1968
- [This is the version of this document as it was at 31 December 1996 to 30 August 2009.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Notaries Public and Notarial Functions Act.
2. InterpretationIn this Act, unless the context otherwise requires—"authorized person" means a person empowered to exercise notarial functions under Part IV;"the Court" means the High Court for Zambia;"the Registrar" means the Registrar of the High Court and shall include the Deputy Registrar thereof;"the Roll" means the list of notaries public kept by the Registrar for the purposes of this Act pursuant to section thirty."the Association" means the Law Association of Zambia established by section three of the Law Association of Zambia Act;[Cap. 31]"State Counsel for Zambia" has the meaning attributed to it by section two of the Legal Practitioners Act.[Cap. 30]
Part II – Appointment and enrolment of notaries public
3. Appointment of notaries public
4. Admission feeEvery person appointed as a notary public pursuant to section three shall pay to the Association the sum of three hundred and seventy-five fee units in respect of such appointment.[As amended by Act No. 13 of 1994]
6. Notarial sealEvery notary public appointed under this Act shall have an embossed official seal of a design approved by the Chief Justice.
Part III – Functions and duties of notaries public
7. Functions of notaries publicA notary public may—
8. Notary to refuse to act in certain cases; subject to appeal to Court
9. Duty of notary in case of refusalWhenever a notary public shall refuse to act as aforesaid he shall mark upon the document in respect of which the protest or other notarial act is demanded his refusal, his signature and the date of his refusal.
10. Jurat to state when oath is takenEvery notary public before whom any oath, affirmation, affidavit or declaration is made under this Act or any other written law shall truly state in the jurat of attestation at which place and on what date the oath, affirmation, affidavit or declaration is taken or made.
11. Notary not to act when interestedNo notary public or authorised person shall exercise any notarial functions in any proceedings or matter in which he, or his partner, or his employer is interested either personally or as a legal practitioner on behalf of any of the parties:Provided that this section shall not apply to a notary public or authorized person who is not personally interested in the proceedings or matter, but who is employed in a department of Government or by a municipal, township or rural council which is officially interested therein.
Part IV – Persons other than notaries public authorised to perform notarial functions
12. Magistrates to have limited powers of notaries publicEvery senior resident magistrate and every resident magistrate may exercise and perform the functions and duties of a notary public appointed pursuant to section three in respect of the certification of acts of honour, the authentication of deeds and other documents, the certification of deeds and other documents, and the attestation of deeds and other documents:Provided that he shall not ordinarily exercise any such function or duty unless he is satisfied that the services of a notary public cannot be obtained at the time when and place where the said function or duty is required to be performed.
13. Notarial powers of certain customs officersAny proper officer of the Department of Customs and Excise for the time being in charge of any port under and for the purposes of the Customs and Excise Act may exercise and perform the functions of a notary public in respect of minuting, noting or extending ships' protests, and in such respect only:Provided that any such officer shall not ordinarily exercise any of such functions unless he is satisfied that the services of a notary public appointed pursuant to section three cannot be obtained at the time when and the port where the said function is required to be performed.[Cap. 322]
14. Seal of person acting ex officioAny person exercising any notarial functions under the provisions of section twelve or thirteen shall use a seal bearing thereon the title of his office and in addition the words "Notary Public ex officio".
15. Ambassadors, consuls, etc., abroad to have powers of notaries public
16. Persons performing notarial functions ex officio officers of CourtAny person exercising any notarial functions under the provisions of section twelve, thirteen or fifteen shall, in the exercise of such functions, be deemed to be an officer of the Court.
17. Act not to affect powers elsewhere conferredNothing in this Act contained shall be construed as affecting the functions conferred upon any person under the Commissioners for Oaths Act or any other written law with reference to the administering of lawful oaths and the taking of lawful affirmations, declarations and affidavits.[Cap. 33]
Part V – Fees for notarial services
18. Prescribed fees
19. Notarial fees of public and local officers, customs officers and magistrates
Part VI – Revocation of appointment and suspension of notaries public, and revision of Roll
20. Revocation of appointment of notaries public
21. Revocation of appointment of notaries publicAny Judge may suspend a notary public temporarily from practising as a notary public pending the result of any prosecution for an offence against this or any other written law, or pending the determination of any proceedings brought against him under and by virtue of Part IV of the Legal Practitioners Act.[Cap. 30]
22. Revision of Roll
23. General power of Chief Justice to restore name to Roll
Part VII – Offences
24. Unqualified persons acting as notariesAny person, not appointed and enrolled, or deemed to be appointed and enrolled, as a notary public under this Act, who acts or purports to act in the capacity of notary public shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding six months, or to both:Provided that this section shall not apply to any person not so appointed or enrolled who performs notarial functions conferred upon him by virtue of section twelve, thirteen or fifteen, respectively, as the case may be.[As amended by Act No. 13 of 1994]
25. Notary acting during suspension, an offenceAny notary public who is suspended from practice pursuant to section twenty-one and who, during the period of such suspension, does or purports to do any act in the capacity of notary public shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding one thousand five hundred penalty units or to a term of imprisonment not exceeding three months, or to both.[As amended by Act No. 13 of 1994]
26. Notary public acting after being removed or struck off, an offenceAny person whose name has been removed from or struck off the Roll pursuant to section twenty or twenty-two, respectively, as the case may be, and who, while his name remains so removed from or struck off the said Roll, does or purports to do any act in the capacity of notary public shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding four thousand five hundred penalty units or to a term of imprisonment not exceeding nine months, or to both.[As amended by Act No. 13 of 1994]
27. MisfeasanceAny notary public or other person who wilfully certifies or propounds any false statement or document, or who fraudulently and with intent to deceive conceals, withholds or perverts any fact or document, pertinent to the subject of a protest or other notarial act, shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.[As amended by Act No. 13 of 1994]
28. Contempt of courtWhen any act constituting an offence under this Act also constitutes a contempt of court, the provisions of this Part shall be deemed to be in addition to and not in derogation of the power of a court to punish for such contempt.
Part VIII – Miscellaneous
29. Existing notariesAny notary public admitted to practice and enrolled as such under section seven A of the Legal Practitioners Act, Chapter 144 of the 1965 Edition of the Laws, or under any other earlier relevant law, and who, on the commencement of this Act, is a legal practitioner resident in Zambia shall be deemed to have been appointed and enrolled as a notary public under and for the purposes of this Act.
30. Roll of Notaries Public
31. State Counsel for Zambia not to act as notaries publicUpon the grant to any notary public of Letters Patent of the rank and dignity of State Council for Zambia, the Chief Justice shall revoke his appointment as a notary public, whether made under this or any other prior law, and shall order his name to be removed from the Roll.
32. RulesThe Chief Justice may, from time to time, by rule made by statutory instrument, prescribe anything which is to be prescribed under this Act and in respect of which no other prescribing authority is specified, and in like manner, may, from time to time, make rules for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such rules may make provision for—
History of this document
31 August 2009 amendment not yet applied
31 December 1996 this version
01 March 1968