The Sworn Statement Affidavit Of Witness is a crucial document in South African legal practice, used to record and present witness testimony in a formal, legally admissible format. It is commonly required in various contexts, including court proceedings, investigations, regulatory compliance, and administrative matters. The document must be executed in accordance with South African law, particularly the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, which governs its formal requirements. The affidavit allows witnesses to provide their testimony in written form, under oath or affirmation, and can include both factual observations and expert opinions. It serves as a permanent record of evidence and can be used in both civil and criminal proceedings, corporate investigations, regulatory submissions, and other legal contexts where formal witness testimony is required.
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1. Deponent Details: Full legal name, identity number, address, and occupation of the person making the statement
2. Oath/Affirmation Declaration: Statement confirming that the deponent is swearing to or affirming the truth of the contents
3. Competency Declaration: Statement confirming the deponent's legal capacity and competency to make the statement
4. Subject Matter Introduction: Brief introduction explaining the purpose of the affidavit and the deponent's connection to the matter
5. Factual Statement: Clear, chronological presentation of the facts and events being testified to, with each paragraph numbered for easy reference
6. Truth Declaration: Formal declaration that the contents are true and correct to the best of the deponent's knowledge
7. Signature Block: Space for deponent's signature, date, and place of signing
8. Commissioner of Oaths Certification: Official certification by the Commissioner of Oaths, including their details and stamp
1. Language Confirmation: Statement confirming that the contents were explained to the deponent in their preferred language (used when the deponent is not fluent in the language of the affidavit)
2. Interpreter Details: Details and certification of the interpreter, if one was used
3. Supporting References: References to any supporting documents or evidence mentioned in the statement
4. Qualifications and Expertise: Section detailing the deponent's relevant qualifications or expertise (used when technical or expert testimony is being provided)
5. Additional Witnesses: Details of other witnesses present during the events described (if applicable)
1. Annexure A - Supporting Documents: Copies of any referenced documents, photographs, or other physical evidence mentioned in the statement
2. Annexure B - Identity Documentation: Copy of the deponent's identity document or other relevant identification
3. Annexure C - Qualifications: Copies of relevant qualifications or certifications (when expert testimony is provided)
4. Annexure D - Photographs: Any photographic evidence referenced in the statement, properly labeled and dated
5. Annexure E - Maps or Diagrams: Any maps, diagrams, or sketches referenced in the statement to illustrate locations or events
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