Legal requirements for an affidavit in South Africa

In South Africa, the oath or promise is sanctified by Common Law as well as statutory law in the Criminal Procedure Act 56 of 1955; therefore, if this written promise is not the truth, the criminalisation of perjury is a valid reality.

What is an Affidavit?

An affidavit is a sworn written statement that is most used in court proceedings and other legal matters that has been witnessed and commissioned by another party.

Due to this being a legal document, there is a certain way to write an affidavit with requirements.

• Number one – the affidavit must have your identity and the title being affidavit on the document requirement.

• Number two – the affidavit must contain either your version or a sequence of events very important to understand try and be concise avoid too much of details when making your affidavit. The reason why is because it can lead to issues later on for example in court proceedings. If you compile a lengthy affidavit, you put a lot of details regarding what happened according to you the lawyer on the other side can cross-examine you on that whereas. If you put a summary of information, then you can always work with that at court at a later stage.

• Number three – make sure that the affidavit is signed before a commissioner of oaths and that it is initialed on every page by you and the commissioner. It is very important to also carry some form of identification.

In other words, either your driver’s license or your identity document because the commissioner of oaths will want to verify that it is you that is properly deposing to that affidavit.

Places to have your Affidavit Commissioned:

The Police Station,

The Post office,

Attorneys and Advocates.