The Solemn Declaration Form is a crucial legal instrument in South African law, commonly used when formal verification of facts or statements is required without the need for a full affidavit. This document is governed by the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and related regulations. It is typically used in various contexts including court proceedings, administrative applications, corporate governance matters, and government submissions. The declaration must contain truthful statements as false declarations can result in criminal prosecution. The document requires certification by a Commissioner of Oaths and may be used in conjunction with supporting documentation to provide formal proof of facts or circumstances for legal or administrative purposes.
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1. Declarant Details: Full legal name, identity number, and current residential address of the person making the declaration
2. Declaration Statement: The main body of the declaration containing the facts or statements being declared as true
3. Affirmation of Truth: Standard clause confirming that the declarant knows and understands the contents of the declaration and that it is true and correct
4. Signature Block: Space for declarant's signature, place and date of signing
5. Commissioner of Oaths Certification: Official section for the Commissioner of Oaths to complete, including their full name, designation, business address, and official stamp area
1. Supporting Documentation Reference: Section listing any documents referred to in the declaration that are attached as evidence or support
2. Interpreter Details: Required when the declaration is made through an interpreter, including interpreter's details and certification
3. Witnesses: Additional witness details and signatures, used when extra verification is required beyond the Commissioner of Oaths
4. Capacity Statement: Required when the declarant is making the declaration in a specific capacity (e.g., as a company director or trustee)
1. Annexure A - Supporting Documents: Copies of identity documents, proof of residence, or other relevant supporting documentation
2. Annexure B - Translation Certificate: If the declaration is translated, certificate from qualified translator confirming accuracy of translation
3. Annexure C - Power of Attorney: If applicable, documentation showing authority to make declaration on behalf of another person or entity
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