Affidavit format you can use

[Citizen X]

Hi Guys,

We all have to make an affidavit at some time or another. There is a general misconception that the only way to do this is to go to the police station and do one in hand written format.
This is not actually true, you can take a typed affidavit to the police station or other commissioner of oaths and merely request them to commission it.
Be that as it may, I have encountered many instances where police officers at the front desk are ignorant of this. When you say 'affidavit' they immediately want you to complete a handwritten one. If this happens to you, simply tell them, that your lawyer drafted a typed one for you alternatively request to see an officer higher in rank, who will recognise this document for what it is.
FYI..most affidavit used in court are typed.
Kindly find attachedaffidavit format.doc

[Jean Dick]

Thank you Vanash, I found your template very helpful. Thanks for sharing this. Jean

[Citizen X]

Thank you Vanash, I found your template very helpful. Thanks for sharing this. Jean

A very good morning to you Jean,

Welcome to TFSA

It's a pleasure..

[Roger15]

Hi Vanash,

On the affidavit, why is the following wording not included?
"AND THAT THE PROVISIONS OF THE REGULATION CONTAINED IN GOVERNMENT NOTICE R1258 DATED 21 JULY 1972 HAVE BEEN COMPLIED WITH."?

Because normally would one include this wording as they are taking the oath?

Thanks

[Citizen X]

Hi Roger,

Not necessary at all. Have you had a look at the affidavit template the police at the local station the one that they expect you to complete in writing?

I've found that many police officers at the front desk are ignorant of the fact that an affidavit can be in writing..

[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

[Citizen X]

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

[Roger15]

Hi Vanash,

No need, I just wanted clarity as sometimes I see Affidavits that include this by the commissioner of oaths and then sometimes I dont see it.
I would of assumed there would be a standard in this regard, ie one would either include it or leave it off.

Anyway, thanks for your responses. They are appreciated.

[KristiKat]

The police man doing the commissioning must sign each page with his initials and on the last page sing full out together with the person whose affidavit it is.

I went to the police station to get one commissioned and the police man said he does not have to do it claiming he only needs to sign on the last page or else he would be signing as if it were his statement being taken.

BUT IT IS LEGAL PRACTICE that the comissioner of oaths must initial each page to prevent fraud.

IF each page is not initialized then anyone can take out that page and put in anything else.

[Citizen X]

The police man doing the commissioning must sign each page with his initials and on the last page sing full out together with the person whose affidavit it is.

I went to the police station to get one commissioned and the police man said he does not have to do it claiming he only needs to sign on the last page or else he would be signing as if it were his statement being taken.

BUT IT IS LEGAL PRACTICE that the comissioner of oaths must initial each page to prevent fraud.

IF each page is not initialized then anyone can take out that page and put in anything else.

In this case simply go to a higher rank police officer

[Justloadit]

In this case simply go to a higher rank police officer

Easier said than done

I find that a couple of cans of coke, go a long way to get them to sign every page. I usually comment how hard they are working, and that I know they must have built up a thirst, and hence the reason for offering some cool coke.

[Nirusha Moodley]

Thank you, Vanash! You saved me hours of trying to find out what should go into an affidavit.

[Citizen X]

Thank you, Vanash! You saved me hours of trying to find out what should go into an affidavit.

It's a pleasure Madam

[blerg]

I also want to add my thanks for the template. Got to this thread via a web search.

If I'm not mistaken, swearing an oath implies the invocation of a deity ("So help me God" or some such wording). Some people have a conscientious objection to this, including: atheists who don't believe in any deity, some religions where oath-swearing is expressedly discouraged, and others subscribing to the liberal principle of "separation of church and state".

Taking this into account, some follow-up questions: Is there any alternative method for such people to still satisfy the legal requirements, but to not take OATHS in the process? What would the correct term be? Would the wording of the template change? Would such an alternative have any less favorable bearing on the outcome IN PRACTICE?

I guess I need to go read the act myself .....

[Mike C]

Yes - there is a legal alternative. Delete "swear" and "prescribed oath".
The answer to no 2 would be "yes" and the commissioner of oaths would delete the words "sworn to" in his/her declaration at the end.


AFFIDAVIT


I, full names, do solemnly swear/declare that ….




Signed _______________________ Date___________________



I certify that before administering the prescribed oath/solemn declaration I asked the deponent the following questions and wrote down his/her answers in his/her presence:

1. Do you know and understand the contents of the above declaration?

Answer: ___________________

2. Do you have any objection to taking the prescribed oath?

Answer:____________________

3. Do you consider the prescribed oath/solemn declaration to be binding on your conscience?

Answer:____________________

I certify that the deponent has acknowledged that he/she knows and understands the contents of the above declaration which was sworn to/affirmed before me and that the deponent’s signature was placed thereon in my presence.

Signed____________________________
Commissioner of Oaths

Forename(s) and surname___________________________________________ __

Address___________________________________________ ________________

Designation_______________________________________ _________________