Requirement for an Affidavit in South Africa

What is an Affidavit in South Africa?

The definition of an affidavit is a written statement sworn under oath to be the truth.  Every person will have to sign a personal affidavit at some point.

Where to get an Affidavit Signed in South Africa?

An affidavit has to be signed in the presence of a Commissioner of Oaths (i.e. a notary) in South Africa , who will also sign the document. According to  section 10 of the Justices of the Peace and Commissioners of Oaths Act, 1963, a Commissioner of Oaths may not administer an oath or affirmation if he has an interest in the matter. In other words, the Commissioner of Oaths must be impartial to the subject matter of the affidavit and should not be influenced by its content.

By law, a Commissioner of Oaths cannot charge for administering an oath. There are several Commissioners of Oaths who can sign an affidavit in South Africa, including:

• The South African Police Service (SAPS)
• A lawyer/notary
• The Commissioner of Oaths at the post office
• Some banks offer notarial services to their clients

However, lawyers/notaries may charge a fee for drafting the affidavit. When drafting your own affidavit, you can request any Commissioner of Oaths to sign the affidavit for free. Some SAPS stations may insist that you write your statement of fact on a blank SAPS affidavit form. A typed affidavit is, however, generally preferred.

What are the types of Affidavits in South Africa?

Affidavits are used for a great variety of reasons. Some of the more commonly used affidavits include:

• General Affidavit: A declaration, under oath, that certain facts are true. Used in business dealings, personal affairs or court cases.
• Affidavit of Estate: Affirms the value of the estate of a deceased who died without a will.
• Affidavit of Heirship: Attests the names of the beneficiaries of the estate of a person who died without a will.
• Affidavit of Residence: Proves the address of someone.
• Affidavit of Name Change: Proves that you have changed your name (mostly used when people get married or divorced).
• Affidavit of Support: Used in immigration proceedings to show that someone will financially provide for an immigration applicant.
• Financial Affidavit: Used in divorce proceedings to affirm the value of the affiant’s assets. The court needs this information to divide the assets and determine spousal and child support.
• Affidavit of Death: To inform a third party of the death of someone when the Death Certificate is not obtainable.
• Identity Theft Affidavit: To notify creditors and credit bureaus that your identity has been compromised.
• Affidavit of Service: Confirms that specific documents were received by an individual.
• Bulk Transfer Affidavit: Used in business to list creditor claims against a business – especially in the case of bankruptcy.
• Affidavit of Real Estate: Used in real estate transactions.

Does an affidavit have to be notarized in South Africa?

Yes. An affidavit must be notarized in order to be considered legal in South Africa. This means that a person must sign the document in front of a notary public, who will then stamp and seal the affidavit.