Originally Posted by
Roger15
Hi Vanash
Yes I have, it is also missing...SAPS
, but if someone swears/declares something, being it words or print, in front of a Commissioner of Oaths, the regulations in terms of R1258 must be complied with right? If we leave this section off the Affidavit, does this not open up grounds whereby the Commissioner of Oaths was negligent and didn’t act out the provisions in terms of R1258 when the person making the declaration in the Affidavit because it wasn’t declared on it?
Thanks
I just had a look at the latest amended version of the Act as well as the regulation itself..To put things into perspective, you referring to the ‘Justice of the peace and commissioners of oaths Act 16 of 1963,’ in particular one of its regulations which is part of the structural components of an Act i.e. you also have long title, short title, definitional clause etc.
"AND THAT THE PROVISIONS OF THE REGULATION CONTAINED IN GOVERNMENT NOTICE R1258 DATED 21 JULY 1972 HAVE BEEN COMPLIED WITH,"
is a peremptory provision and simply directs that the affidavit must have certain content and be done in a certain manner but not that this statement be included in the affidavit itself.
If you can show me where in the Act and the regulation it states you should by compiling an affidavit as such, please show me where so that I may shed light on it
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