A Declaration in Lieu of Affidavit is commonly used in South Africa when individuals need to formally declare facts or statements without taking an oath. This document type is particularly useful in situations where formal statements are required for business, legal, or administrative purposes, but a sworn affidavit may not be necessary or preferred. The document must comply with South African law, particularly the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, and must be signed in the presence of a Commissioner of Oaths. It carries serious legal implications for false declarations, similar to perjury in sworn affidavits. Common uses include confirming identity, declaring loss of documents, verifying employment details, or stating business relationships.
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1. Declarant Information: Full legal name, identity number, and address of the person making the declaration
2. Declaration Purpose: Clear statement of why the declaration is being made and its intended use
3. Facts Declaration: Numbered paragraphs containing each fact being declared
4. Truth Acknowledgment: Standard statement acknowledging that the declarant understands the content and declares it to be true
5. False Declaration Warning: Statement warning about the consequences of making false declarations
6. Signature Block: Space for declarant's signature, date, and place of signing
7. Commissioner Certification: Section for the Commissioner of Oaths to complete, including their details and official stamp
1. Supporting References: References to any supporting documents or evidence, used when the declaration relies on specific documents
2. Capacity Statement: Statement of the declarant's authority or capacity, needed when making the declaration on behalf of another person or entity
3. Language Confirmation: Confirmation that the declarant understands the language of the declaration, used when the declarant's first language is not the language of the declaration
4. Witness Details: Space for additional witnesses beyond the Commissioner of Oaths, used in high-stakes or sensitive declarations
1. Annexure A - Supporting Documents: Copies of any referenced documents or evidence mentioned in the declaration
2. Annexure B - Identity Verification: Copy of the declarant's identity document or other formal identification
3. Annexure C - Authority Documentation: Documentation proving authority when declaring on behalf of another person or entity
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