Custodian Of Records Affidavit for South Africa

Custodian Of Records Affidavit Template for South Africa

A formal sworn statement under South African law where a designated individual certifies their role as custodian of specific records and attests to their authenticity, maintenance, and accuracy. This document serves as legal evidence of record-keeping practices and the integrity of stored information, complying with South African evidentiary requirements and the Justices of the Peace and Commissioners of Oaths Act. It includes detailed declarations about the nature of records, storage methods, and the custodian's authority to maintain and verify such records.

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What is a Custodian Of Records Affidavit?

The Custodian of Records Affidavit is a critical legal document used in South African business and legal contexts when there's a need to formally establish the authenticity and proper maintenance of business, legal, or organizational records. This document becomes particularly important during legal proceedings, audits, or regulatory compliance checks where the validity and proper keeping of records needs to be verified. The affidavit must comply with South African legislation, including the Electronic Communications and Transactions Act, Protection of Personal Information Act (POPIA), and relevant record-keeping regulations. It serves as a formal declaration that can be presented to courts, regulatory bodies, or other authorized parties to confirm the integrity and proper maintenance of specified records.

What sections should be included in a Custodian Of Records Affidavit?

1. Deponent Details: Full legal name, identification number, and professional position of the person making the affidavit

2. Authority and Capacity: Statement establishing the deponent's authority to act as custodian and relationship to the organization or records in question

3. Records Description: Detailed description of the records being certified, including their nature, time period covered, and physical or electronic format

4. Custody and Control: Declaration of how and where the records are maintained, stored, and protected

5. Creation and Maintenance: Statement about how the records were created, maintained in the ordinary course of business, and the record-keeping system used

6. Authenticity Declaration: Sworn statement confirming the authenticity and accuracy of the records

7. Commissioner of Oaths Certification: Space for the Commissioner of Oaths to certify the affidavit, including their details and official stamp

What sections are optional to include in a Custodian Of Records Affidavit?

1. Electronic Records Certification: Additional declarations specific to electronic records, required when certifying digital documents or databases

2. Chain of Custody: Detailed history of the records' possession and control, needed when records have changed hands or locations

3. Access Control Procedures: Description of who has access to the records and security measures, important for sensitive or confidential records

4. Retention Schedule: Details about the organization's record retention policies, useful when addressing regulatory compliance

What schedules should be included in a Custodian Of Records Affidavit?

1. Schedule A - Detailed Record Inventory: Itemized list of all records being certified, including reference numbers, dates, and descriptions

2. Schedule B - Supporting Documentation: Copies of relevant policies, procedures, or certifications regarding record-keeping systems

3. Appendix 1 - Record Samples: Representative samples or examples of the records being certified, if applicable and appropriate

4. Appendix 2 - System Documentation: Technical documentation of record-keeping systems, particularly relevant for electronic records

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 legal definitions
Relevant Industries

Legal Services

Healthcare

Financial Services

Government and Public Sector

Education

Manufacturing

Technology and IT

Professional Services

Construction

Real Estate

Mining and Resources

Telecommunications

Retail

Insurance

Banking

Relevant Teams

Legal

Compliance

Information Management

Administration

Records Management

Corporate Secretariat

Information Technology

Risk Management

Quality Assurance

Operations

Relevant Roles

Records Manager

Compliance Officer

Legal Administrator

Document Controller

Information Management Officer

Corporate Secretary

Chief Information Officer

Records Coordinator

Archivist

Data Protection Officer

Quality Assurance Manager

Operations Manager

Administrative Manager

IT Manager

Legal Counsel

Risk Manager

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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