Legal Templates
Affidavit Declaration

Affidavit Declaration for South Africa

Affidavit Declaration Template for South Africa

An Affidavit Declaration is a formal written statement made under oath or affirmation, governed by South African law, particularly the Justices of the Peace and Commissioners of Oaths Act 16 of 1963. This legally binding document contains sworn statements of fact that can be used as evidence in legal proceedings or for other official purposes. The document must be signed in the presence of a Commissioner of Oaths, who verifies the identity of the deponent and administers the oath or affirmation. The affidavit must comply with specific formatting requirements and include certain mandatory elements as prescribed by South African law.

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What is a Affidavit Declaration?

An Affidavit Declaration is a crucial legal document in South African law that serves as a sworn statement of facts or evidence. This document type is commonly used in various contexts, from court proceedings to administrative matters, where formal written testimony is required. The affidavit must be executed in accordance with the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and related regulations, which mandate specific requirements for its validity. These include proper identification of the deponent, a clear statement of facts in numbered paragraphs, and certification by a Commissioner of Oaths. Affidavits can be used in civil and criminal proceedings, for administrative purposes, in corporate governance matters, or whenever formal sworn statements are required by law or regulation.

What sections should be included in a Affidavit Declaration?

1. Title and Case Reference: States 'AFFIDAVIT' and any relevant case number or reference (if applicable)

2. Deponent Details: Full names, ID number, occupation and address of the person making the declaration

3. Oath/Affirmation Statement: Standard declaration that the deponent understands and swears/affirms the truth of the contents

4. Background Information: Establishes the deponent's relationship to the matter and their capacity to make the declaration

5. Facts and Declarations: Numbered paragraphs containing the substantive content of the affidavit

6. Verification: Confirmation that the contents are true and correct to the best of the deponent's knowledge

7. Signature Block: Space for deponent's signature and date

8. Commissioner of Oaths Certification: Official certification by the Commissioner of Oaths, including their full details and stamp

What sections are optional to include in a Affidavit Declaration?

1. Preliminary Matters: Used when there are jurisdictional or procedural matters that need to be addressed upfront

2. Language Declaration: Required when the deponent's primary language is not English and the affidavit was interpreted

3. Relief Sought: Included when the affidavit is part of a court application and specific relief is being requested

4. Statement of Authority: Required when deponent is acting on behalf of an organization or another person

5. List of Attachments: Section listing and describing all annexed documents when there are multiple attachments

What schedules should be included in a Affidavit Declaration?

1. Annexure A, B, C, etc.: Supporting documents referenced in the affidavit, such as photographs, certificates, or other evidence

2. Translation Certificate: Required when any attached documents are not in English or require certified translation

3. Interpreter's Certificate: Required when the affidavit was made through an interpreter

4. Identity Document Copy: Copy of the deponent's ID document or passport for verification purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Affidavit

Sector

Legal Services

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Government and Public Sector

Corporate Services

Insurance

Banking

Real Estate

Healthcare

Education

Manufacturing

Mining

Construction

Retail

Transportation

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Secretariat

Administrative Services

Executive Office

Operations

Finance

Governance

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Human Resources Manager

Corporate Secretary

Legal Administrator

Paralegal

Attorney

Commissioner of Oaths

Court Administrator

Business Manager

Director

Chief Executive Officer

Chief Financial Officer

Department Head

Administrative Officer

Industries
Justices of the Peace and Commissioners of Oaths Act 16 of 1963: This is the primary legislation governing the appointment of Commissioners of Oaths and the administration of oaths in South Africa. It sets out the formal requirements for making sworn declarations and affidavits.
Regulations Governing the Administering of an Oath or Affirmation (GN R1258 of 21 July 1972): These regulations provide specific requirements for how oaths must be administered and the proper format for affidavits, including the requirement for the deponent's signature and the commissioner's details.
Criminal Procedure Act 51 of 1977 (Section 209): This section deals with the admissibility of affidavits as evidence and the consequences of making false declarations in affidavits.
Civil Proceedings Evidence Act 25 of 1965: This Act governs the use of affidavits in civil proceedings and sets out requirements for their admissibility as evidence in court.
Superior Courts Act 10 of 2013: Contains provisions regarding the use of affidavits in court proceedings and requirements for their format when used in superior courts.
Protection of Personal Information Act 4 of 2013 (POPIA): Must be considered when handling personal information in affidavits, especially regarding the collection and processing of personal information included in the affidavit.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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