To have an Affidavit recognised in a South African Court that was not attested to in the physical presence of a Commissioner, the oath must be taken through video chat or connection, ideally while it is being recorded.
The Commissioner in charge of the procedure shall depose in a separate Affidavit outlining the actions followed to guarantee substantial compliance with the Act’s standards and regulations.
Only in extraordinary instances should this be done.
In South Africa, who may certify an affidavit?
A sworn written statement by someone who has direct knowledge of a truth or collection of facts is called an affidavit. In South Africa, an affidavit can be commissioned by anybody above the age of 18 who understands the affidavit’s substance and effects.
What is the procedure for preparing an affidavit?
Affidavits must always be written in the first person. It should be done in front of a person who is authorised to administer oaths in relation to the specific type of affidavit. The individual who writes the affidavit must swear or confirm that the contents are truthful. If permitted by law, a person may affirm or declare instead of swearing.
Is it legal for me to commission my own affidavit or certify my own papers as true copies?
No, a commissioner of oaths cannot function as a commissioner of oaths in cases in which they have a personal stake.
What is the distinction between notarized and commissioned documents?
it is, the original document or a photocopied version Unlike commissioning your papers, getting them notarized must be done in person and cannot be done online. It is the Notary Public’s responsibility to ensure that signatures and copies of documents are genuine.
