SABPP

Overview of the Justice of Peace and

Commissioner of Oaths Act

15 April 2015

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Act 16 of 1963

Justices of Peace and Commissioners of Oaths Act 16 of 1963

Regulations:

Designation of Commissioners of Oaths in terms of section 6 (GN 903 GG 19033 of 10 July 1998)

Powers regarding oaths outside the Republic under section 8(1)(a) (GN R1872 GG 7215 12 September 1980)

Regulations governing the administering of an oath or affirmation (GN R1258 GG 3619 21 July 1972

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Act 16 of 1963

Justices of Peace (s1-4)

Commissioners of Oaths (s5-8)

s5 – Appointment – Minister or delegated to Director of higher rank

s6 – Ex officio – SABPP

s7 – Powers:

• Administer oath or affirmation or

• Take a solemn or attested declaration

• Provided he/she is not prohibited by s10 by any regulation

• He/she has reason to believe person is unwilling to make an oath, affirmation or declaration

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Act 16 of 1963

Commissioners of Oaths (s5-8) continued…:

S8 Powers to oaths outside the Republic:

• Declared by Minister in a Notice

• Commissioner of Supreme Court of South Africa

• Authenticate affidavit by affixing seal / impressing stamp under his / her signature

• Admitted as evidence in a court of law

• Effectual as if made in the Republic before Commissioner of Oaths

• Court can try a person making false oath, affirmation, declaration made outside the Republic by Commissioner of Oaths having power outside the Republic

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Act 16 of 1963

s9 Penalties for false statements – guilty of an offence – liable for conviction by law for any penalties for perjury

s10 Minister may make regulations on:

Fees for Justices of Peace

Form and manner in which an oath or affirmation is administered or declaration taken

Prescribing circumstances when Commissioners of Oaths are prohibited from administering oath or affirmation or taking declaration

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How to Administer an Oath

Before administering oath or affirmation, Commissioner of Oaths will ask the deponent:

Whether he/she knows and understands the contents of the declaration

Whether he/she has any objection to taking the prescribed oath

Whether he/she considers the prescribed oath to be binding on his/her conscience

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How to Administer an Oath

For an oath, deponent must be caused to utter the following:

“I swear that the contents of this declaration are true, so help me God”

For an affirmation, deponent must be caused to utter the following:

“I truly affirm that the contents of this declaration are true”

When to administer oath or affirmation – binding on his/her conscience or not

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How to Administer an Oath

Deponent must sign or affix a mark to declaration in the presence of Commissioner of Oaths: Provided if Commissioner of Oaths doubts a person’s inability to write then may require inability to be certified at the foot of declaration by some other trustworthy person

Below deponent’s signature or mark, Commissioner of Oaths shall certify that deponent knows and understands contents of declaration and state manner, place, date of taking the declaration

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How to Administer an Oath

Commissioner of Oaths:

Sign declaration, print full name and address below his/her signature

State designation and area for which he/she holds appointment or the office held by him/her if ex officio

“I certify that the DEPONENT has acknowledged that he/she knows and understands the contents of this affidavit, that he/she does not have any objection to taking the oath, and that he/she considers it to be binding on his/her conscience, and which was sworn to and signed before me at on this the day of ____________20______ , and that the administering oath complied with the regulations contained in Government Gazette No. R 1258 of 21 July 1972, as amended

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How to Administer an Oath

Initialling of each page by all signatories

Resolution to sign on behalf of legal entity

No fees shall be charged

Shall not administer where he/she has an interest in the matter

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How to Certify Documents

Certify document is a true copy of the original

“I certify that this document is a true copy of the original which was examined by me and that, from my observations, the original has not been altered in any manner” or

“Certified a true copy of the original”

Original and copy must be inspected to verify it is a true copy; no certification without the original

Add date and stamp

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THANK YOU

for this opportunity to present to you