Affidavit Of Loss Driver's License Template for South Africa

When you lose your driver's license in South Africa, you cannot simply walk into a traffic department and request a replacement. You must first complete an Affidavit of Loss Driver's License, a legally binding document that serves as your sworn statement about the circumstances of the loss. This affidavit is mandatory under South African law and forms a crucial part of the license replacement process.

When do you need this document?

You need an Affidavit of Loss Driver's License whenever your original license goes missing, regardless of the circumstances. This includes situations where your license was stolen during a robbery or burglary, lost during travel or relocation, damaged beyond recognition in an accident or fire, or simply misplaced and cannot be located despite thorough searching. The affidavit is also required if your license was destroyed in natural disasters or if you suspect it may have been taken without your knowledge. Even if you later find your original license after submitting the affidavit, you must still proceed with the replacement process as the original becomes invalid once the loss is officially reported.

Key legal considerations

Making false statements in an Affidavit of Loss Driver's License constitutes perjury under the Criminal Procedure Act 51 of 1977 and can result in serious criminal charges. You must provide accurate details about your personal information, the specific license that was lost, and the exact circumstances of the loss. The affidavit must include your full legal name as it appears on your identity document, your ID number, current residential address, and contact details. You must also specify the license number, date of issue, license code, and issuing authority of your lost license. If your license was stolen, you should obtain a police case number and include it in the affidavit. The document must be signed in the presence of a Commissioner of Oaths, who will verify your identity and witness your signature.

Legal requirements in South Africa

Under the National Road Traffic Act 93 of 1996 and the National Road Traffic Regulations 2000, you must report the loss of your driver's license to the appropriate provincial traffic department within a reasonable time. The affidavit must comply with the formal requirements set out in the Justices of the Peace and Commissioners of Oaths Act 16 of 1963. This means it must be properly sworn before an authorized Commissioner of Oaths, include the commissioner's stamp and signature, and contain all required information without any alterations or corrections. You must bring your identity document when having the affidavit commissioned, as the commissioner is legally required to verify your identity. The completed affidavit, along with the prescribed application form, proof of payment, and a recent photograph, must be submitted to your provincial traffic department to obtain a replacement license.