Cap. 55 Art. 25Receiving and drawing up of acts.

(1) In this Act, "party" refers to the person who is a party to the which is incorporated in the act and, in the case of negotium a will, to the testator; and "appearer" means the person who appears before the notary either as a party or as the representative or agent of a party.

(2) The notary shall not receive a notarial act except in the presence of the appearers.

(3) The presence of two (2) witnesses shall be required only in the following cases:

(a) whenever any of the appearers so requests; and

(b) whenever any of the appearers does not know how or is unable to sign his name:

Provided that in the case of public wills and in the case of acts of delivery of secret wills, the notary shall in all cases inform and explain to the testator about the testator’s right to have two (2) witnesses present:

Provided further that in the case of public wills if the testator chooses not to have two (2) witnesses present, the notary shall in the will declare that he has informed and explained to the testator about his right to have two (2) witnesses present and that the testator chose not to have two (2) witnesses present:

Provided further that in case of acts of delivery of secret wills if the testator chooses not to have two (2) witnesses present, the notary shall in the act of delivery declare that he has informed and explained to the testator about the testator’s right to have two

(2) witnesses present and that the testator chose not to have two

(2) witnesses present.

(4) It is the duty of the notary to direct the drawing up of the act from beginning to end, even when he causes it to be prepared by a person whom he deems trustworthy.

(5) The notary alone is competent to ascertain the will of the appearers and to inquire, after reading over and explaining the act to them, whether it is in accordance with their will.

(6) Notwithstanding the provisions of this and any other law, provided no witnesses are required in terms of sub-article (3), nor does the proviso to article 34(1) or any of articles 36, 37, 38 apply, where all the appearers on the act declare that they are fully cognizant of the contents of the act and its annexes, they may by an express declaration exempt the notary from reading over the act to them in which case the following formalities are required:

(a) at the foot of the act and before the final signatures, the notary records both declarations in his own handwriting and signs what he has recorded,

(b) immediately following the notary’s signature, each appearer separately writes in his own handwriting "I confirm this exemption" to which he affixes his signature, and

(c) all the appearers sign every sheet of the act in the outer margin and every annexe, unless the annexes have already been signed in terms of article 28(1)(k).