“Please, go back to the commissioner of oaths and repeat the process – you skipped a page!” – do these words sound familiar?
Having documents commissioned should be a relatively simple task. In practice, however, minor mistakes, like a missed initial, can undermine the integrity of the entire process. Unfortunately, this is often only cured by returning to the commissioner of oaths and repeating the exercise.
To avoid this and prevent getting caught out, we explain the basics of commissioning and some tips on preventing misfires.
It is the process of a person swearing the truth and correctness of allegations made or facts pleaded in an affidavit. It includes an oath or affirmation and requires that parties declare that they have read and understood the contents of a document and that the oath or affirmation is binding on their conscience. The party taking the oath or affirmation is referred to as a “deponent”. This process is required to take place in the presence of a commissioner of oaths, after which he/she places a stamp and signature on the document to prove that the process took place (also known as “administering the oath”)[1].
The process is governed by the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 (“the Act”). The Act stipulates the requirements of the process, confirms who may qualify as a commissioner of oaths and prescribes the powers that such an individual in that capacity may exercise.
An individual can qualify as a commissioner either by virtue of the office he/she holds (ex officio commissioner)[2], or after having been admitted as one following an application at the Department of Justice and Constitutional Development (“the DOJ”).[3]
You can approach the following ex officio commissioners:
If an individual claims to be a commissioner appointed by the DOJ, it would be wise to to request for and check his/her certificate of appointment beforehand.
Importantly, this process can either take place in person as described above or virtually (via electronic means). For a full explanation of the virtual process, see our article here.
If you have any questions pertaining to the above, do not hesitate to give our offices a call and one of our attorneys will gladly assist you.
[1] Section 7 of the Act prescribes the powers assigned to a commissioner of oaths. This includes the power to administer and oath or affirmation.
[2] Section 6 of the Act provides that the Minister may designate the holder of any specific offices as an ex officio commissioner of oaths for any area as specified in a Government Gazette notice.
[3] Section 5 of the Act states that a commissioner of oaths can be any person appointed as such by the Minister of Justice or appointed by any officer of the Department of Justice with the necessary authorization.
[4] See Minister of Safety and Security and others v Mohamed and another (2) [2010] 4 All SA 538 (WCC): Although it certainly is the practice for both the deponent and the commissioner to initial all pages of an affidavit on which their signatures do not appear, this practice is not a requirement for the validity of the affidavit. It is not required by the rules governing the administering of oaths and affirmations that are set out in the regulations promulgated under section 10 of the Justices of the Peace and Commissioners of Oaths Act, 16 of 1963.