The Affidavit Letter is a fundamental legal document in South African jurisprudence, used to provide sworn testimony or statements for various legal and administrative purposes. It is governed by the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and related regulations. This document type is essential when formal verification of facts or declarations is required, such as in court proceedings, administrative applications, or official submissions. An Affidavit Letter must contain truthful statements and be executed before a Commissioner of Oaths, who verifies the deponent's identity and administers the oath. The document carries significant legal weight, and false statements can result in perjury charges. It's commonly used in both civil and criminal matters, business dealings, and government interactions where sworn statements are required.
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1. Title and Heading: States 'AFFIDAVIT' and the jurisdiction (e.g., 'IN THE HIGH COURT OF SOUTH AFRICA')
2. Deponent Details: Full name, ID number, and address of the person making the affidavit
3. Oath Statement: Standard declaration that the deponent understands the contents and considers the oath binding on their conscience
4. Core Statement/Declaration: The main content of the affidavit, containing the facts or declarations being sworn to
5. Truth Declaration: Statement confirming that the contents are true and correct to the best of the deponent's knowledge
6. Signature Block: Space for deponent's signature and date
7. Commissioner of Oaths Certification: Official certification by the Commissioner of Oaths, including their full details and stamp
1. Preliminary Statement: Used when context is needed before the main declaration, explaining the deponent's background or relationship to the matter
2. Supporting Facts: Additional numbered paragraphs providing context or supporting information when the affidavit is complex
3. Language Declaration: Required when the affidavit has been translated or explained to the deponent in another language
4. Attachment Reference: Used when the affidavit refers to supporting documents that are attached as annexures
1. Annexure A, B, C, etc.: Supporting documents referenced in the affidavit, such as copies of ID documents, certificates, or other relevant evidence
2. Translation Certificate: If the affidavit was translated, a certificate from the translator confirming the accuracy of the translation
3. List of Exhibits: When multiple documents are attached, a schedule listing all annexures for easy reference
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