Common Law Declaration Form for South Africa

Common Law Declaration Form Template for South Africa

A Common Law Declaration Form is a formal legal document used in South Africa's hybrid legal system, combining elements of Roman-Dutch and English common law. This sworn statement allows individuals or representatives to formally declare facts or circumstances under oath, carrying legal weight and consequences for false declarations. The document must comply with the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and related regulations, requiring certification by a Commissioner of Oaths and containing specific formal elements to ensure its validity within the South African legal framework.

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What is a Common Law Declaration Form?

The Common Law Declaration Form serves as a crucial legal instrument within South Africa's legal framework, used when individuals or organizations need to formally declare facts or circumstances that carry legal weight. This document type emerged from the country's unique hybrid legal system, combining Roman-Dutch and English common law principles. The declaration form must comply with specific requirements under the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and its regulations. It is commonly used in various contexts, including legal proceedings, business transactions, government applications, and administrative matters. The document typically includes the declarant's personal information, the facts being declared, and must be signed in the presence of a Commissioner of Oaths. False declarations can result in legal consequences, making this a serious legal instrument that requires careful consideration and truthful statements.

What sections should be included in a Common Law Declaration Form?

1. Declarant Details: Full legal name, identity number, and address of the person making the declaration

2. Capacity Statement: Statement of the declarant's capacity in which they are making the declaration (personal/professional/official)

3. Declaration of Truth: Standard opening statement confirming that the contents are true and correct to the best of the declarant's knowledge

4. Subject Matter: Clear and concise statement of the facts or circumstances being declared

5. Verification: Statement verifying that the declarant understands the contents and consequences of the declaration

6. Signature Block: Space for signature, date, and place of signing

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

What sections are optional to include in a Common Law Declaration Form?

1. Supporting References: References to supporting documents or evidence, used when the declaration relies on specific documents or records

2. Witness Details: Details of any witnesses to the facts being declared, used when additional verification is required

3. Translation Certificate: Certificate by a sworn translator if the declaration was translated from another language

4. Additional Declarations: Supplementary declarations related to the main subject matter, used when multiple related facts need to be declared

5. Legal Authority: Citation of legal authority under which the declaration is made, used when the declaration is required by specific legislation or regulations

What schedules should be included in a Common Law Declaration Form?

1. Annexure A - Supporting Documents: Copies of relevant supporting documents referenced in the declaration

2. Annexure B - Identity Verification: Certified copy of the declarant's identification document

3. Annexure C - Authorization Documents: Any powers of attorney or authorization documents if declaring on behalf of another person or entity

4. Annexure D - Additional Evidence: Any additional evidence or documentation supporting the facts declared

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Government and Public Sector

Healthcare

Education

Real Estate

Insurance

Banking

Corporate Services

Non-Profit Organizations

Manufacturing

Mining

Retail

Transportation

Construction

Relevant Teams

Legal

Compliance

Human Resources

Corporate Secretariat

Risk Management

Administration

Operations

Finance

Corporate Governance

Document Management

Relevant Roles

Legal Counsel

Compliance Officer

Human Resources Manager

Company Secretary

Risk Manager

Administrative Officer

Operations Manager

Finance Manager

Corporate Governance Officer

Business Development Manager

Project Manager

Property Manager

Claims Administrator

Document Controller

Legal Administrator

Industries
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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