A commissioner of oaths is an individual appointed by the Chief of Justice to oversee the swearing of oaths, and signing of legal documents, like affidavits. They can also verify if legal documents like wills are indeed the original copy.
Who appoints the commissioner of oaths in South Africa?
In South Africa, the power to appoint an individual as a commissioner of oaths lies within the Ministry of Justice or a direction in the Department of Justice, however, the Minister will still have to approve this appointment in writing.
Who can be appointed as a commissioner of oaths in South Africa?
It is possible to become a commissioner of oaths. Find out if you are eligible by googling ”commissioner of oaths” and the name of your local state or province name. Keep in mind that you will have to meet the requirements like being of legal & voting age with no criminal history. You must also be a South African and a registered voter. The next step is to be a CFA ChaterHolder and a member of the CFA Society of South Africa to be considered for the position of commissioner of oaths. Passing your CFA exams or CFA Level III does not make you eligible.
Fill out the application form with your information on your citizenship biography and criminal background. You may also be required to give reasons you want the position & why you should be appointed commissioner of oaths.
Do commissioners of oaths charge fees when performing their duties?
No, a commissioner of oaths is prohibited from charging fees when administering an oath, affidavit or verifying legal documents.
Can a commissioner of oaths certify their documents or administer their own oaths?
No, if a commissioner of oaths needs to swear an oath or affidavit for personal reasons, they will have to seek another commissioner to do that.
Do you need original copies of a document to certify a document?
You need to always present the original documents with the copies that need certification
What if I do not swear an oath/affidavit before a commissioner of oaths?
If a commissioner of oaths does not oversee your affidavit / certify your documents you cannot use them in any official business. For example, any court or institution will not uphold your documents with no proper certification. If you knowingly make any false statement with any documents or in an affidavit, you have committed a crime and you can be convicted.
