Legal Templates
Court Declaration Form

Court Declaration Form for South Africa

Court Declaration Form Template for South Africa

A Court Declaration Form is a formal legal document used in South African courts where an individual or representative makes a sworn statement of facts under oath. The document must comply with South African legal requirements, particularly the Civil Proceedings Evidence Act and Uniform Rules of Court. It serves as evidence in legal proceedings and must be certified by a Commissioner of Oaths. The declaration contains numbered paragraphs stating facts known to the declarant, supporting documentation as annexures, and requires proper execution to be admissible in court.

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What is a Court Declaration Form?

The Court Declaration Form is a crucial legal document in South African jurisprudence, used to present sworn testimony or evidence in court proceedings. It is governed by various pieces of legislation including the Civil Proceedings Evidence Act and the Justices of the Peace and Commissioners of Oaths Act. This document type is essential when individuals or organizations need to formally present facts to a court, whether in civil litigation, administrative proceedings, or urgent applications. The Court Declaration Form must be properly executed before a Commissioner of Oaths and typically includes the declarant's personal information, a clear statement of facts, and any supporting documentation as annexures. It's commonly used in various scenarios including corporate disputes, civil matters, administrative proceedings, and regulatory compliance cases.

What sections should be included in a Court Declaration Form?

1. Title and Case Information: Court division, case number, parties involved, and matter reference

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

3. Capacity Statement: Statement of the declarant's capacity and authority to make the declaration

4. Declaration Body: Numbered paragraphs containing the facts being declared, in chronological or logical order

5. Truth Acknowledgment: Standard clause confirming the declarant knows and understands the contents and that they are true

6. Signature Block: Space for declarant's signature, place and date

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

What sections are optional to include in a Court Declaration Form?

1. Preliminary Matters: Used when context or background information is needed before the main declaration

2. Supporting Facts: Additional factual information that supports the main declaration, used when complex background is necessary

3. Urgency Statement: Required when the declaration is part of an urgent court application

4. Legal Interest: Statement explaining the declarant's legal interest in the matter, used when not immediately apparent

5. Language Confirmation: Statement confirming translation if the declarant made the declaration in a language other than English

What schedules should be included in a Court Declaration Form?

1. Annexure A: Supporting documents referenced in the declaration (e.g., correspondence, photographs, certificates)

2. Annexure B: Identity documentation or proof of authority when declaring in representative capacity

3. Annexure C: Additional evidence supporting the facts declared

4. Index of Annexures: List of all attached annexures with brief descriptions, required when multiple annexures are included

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

Declaration Form

Sector

Compliance

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Government and Public Sector

Corporate and Business

Healthcare

Real Estate

Construction

Manufacturing

Education

Non-profit Organizations

Mining and Resources

Insurance

Transportation and Logistics

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Regulatory Affairs

Operations

Administrative Support

Corporate Secretariat

Executive Leadership

Dispute Resolution

Relevant Roles

Legal Counsel

Corporate Attorney

Compliance Officer

Risk Manager

Company Secretary

Legal Administrator

Paralegal

Commissioner of Oaths

Court Administrator

Legal Operations Manager

Regulatory Affairs Manager

Corporate Governance Officer

Legal Director

Litigation Manager

Industries
Constitution of the Republic of South Africa, 1996: The supreme law of South Africa, particularly Section 34 (Access to Courts) and Section 35 (Rights of Arrested, Detained and Accused Persons), which govern fundamental rights in legal proceedings
Superior Courts Act 10 of 2013: Establishes the structure and functioning of superior courts in South Africa and provides framework for court procedures
Civil Proceedings Evidence Act 25 of 1965: Governs the submission of evidence in civil proceedings, including requirements for sworn declarations and affidavits
Uniform Rules of Court: Detailed rules governing procedure in the High Courts of South Africa, including specific requirements for declaration forms and supporting documentation
Justices of the Peace and Commissioners of Oaths Act 16 of 1963: Regulates the appointment of Commissioners of Oaths and the proper execution of sworn declarations and affidavits
Magistrates' Court Act 32 of 1944: Relevant when declarations are filed in magistrates' courts, providing specific requirements for documentation and procedures in lower courts
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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