Non Criminal Affidavit Template for South Africa

A Non Criminal Affidavit is a crucial legal document that allows you to make sworn statements of fact in South African civil and administrative proceedings. Unlike criminal affidavits, this document is specifically designed for business transactions, civil disputes, administrative matters, and other non-criminal contexts where formal sworn testimony is required under South African law.

When do you need this document?

You will need a Non Criminal Affidavit in numerous situations throughout your personal and professional life. Business transactions often require sworn statements to verify company information, confirm shareholding details, or attest to financial positions. Civil litigation frequently demands affidavits to present evidence, support applications, or provide witness statements. Administrative procedures with government departments may require you to swear to specific facts about your circumstances, qualifications, or compliance with regulations. Corporate matters such as director appointments, company name changes, or regulatory filings also commonly require non-criminal affidavits to confirm the accuracy of submitted information.

Key legal considerations

Several critical legal elements must be carefully addressed when preparing your Non Criminal Affidavit. The document must clearly identify you as the deponent, including your full legal name, identity number, occupation, and residential address. Your basis of knowledge must be explicitly stated, explaining whether the facts are within your personal knowledge, based on information and belief, or derived from specific sources. The statement of facts should be presented in clear, numbered paragraphs that are factual, relevant, and free from legal conclusions or opinions. Most importantly, you must understand that making false statements in an affidavit constitutes perjury, which carries serious legal consequences including potential criminal charges and civil liability.

Legal requirements in South Africa

South African law imposes specific requirements for Non Criminal Affidavits under the Justices of the Peace and Commissioners of Oaths Act 16 of 1963. The document must be executed before a Commissioner of Oaths, who will verify your identity and ensure you understand the oath's significance before administering it. The affidavit must include the standard oath declaration stating that you consider the contents binding on your conscience, along with the truth declaration confirming the accuracy of your statements. The Commissioner of Oaths must sign and stamp the document, noting the date and place of execution. Format requirements under the Supreme Court Act 59 of 1959 mandate that affidavits use specific language, proper numbering of paragraphs, and include all necessary identifying information. For electronic affidavits, compliance with the Electronic Communications and Transactions Act 25 of 2002 is required, including valid digital signatures and proper authentication procedures.