The Affidavit of Claim is a fundamental legal document in South African law, used when a party needs to formally present and prove a claim against another party in legal proceedings. This sworn statement must be executed before a Commissioner of Oaths and comply with the requirements set out in the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and related legislation. The document is utilized in various contexts, including debt collection, insurance claims, contract disputes, and other civil matters. It must contain comprehensive details about the claim, including the identity of the parties, the factual background, the quantum claimed, and any supporting evidence. The Affidavit of Claim serves as a crucial piece of evidence in legal proceedings and can be used both in court proceedings and in out-of-court dispute resolution processes.
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1. Opening Statement and Deponent Details: Formal introduction stating the deponent's full name, ID number, address, and occupation
2. Authority to Depose: Statement establishing the deponent's authority to make the affidavit and their relationship to the claim
3. Facts of the Claim: Detailed chronological account of the events or circumstances giving rise to the claim
4. Quantum of Claim: Specific amount being claimed and detailed breakdown of how this amount is calculated
5. Legal Basis: Statement of the legal grounds supporting the claim
6. Steps Taken: Description of attempts made to resolve the matter before making the claim
7. Verification: Statement confirming the truth of the contents and understanding of the oath
8. Commissioner of Oaths Certification: Space for the Commissioner of Oaths to certify the affidavit, including their details and stamp
1. Interest Claim: Section detailing any claim for interest, including the rate and calculation period - used when claiming interest on monetary amounts
2. Urgency Declaration: Statement explaining why the matter requires urgent attention - included when seeking expedited processing
3. Alternative Claims: Setting out alternative bases for the claim - used when multiple legal grounds might apply
4. Third Party Involvement: Details of any third parties involved in the matter - included when other parties are relevant to the claim
5. Security Details: Information about any security held for the claim - relevant for secured claims
6. Prescription Statement: Statement addressing prescription periods - included when there might be prescription issues
1. Schedule A - Supporting Documents: List and copies of all documents referenced in the affidavit
2. Schedule B - Correspondence: Copies of relevant correspondence related to the claim
3. Schedule C - Financial Records: Relevant financial documents, invoices, or statements supporting the claim amount
4. Schedule D - Photographic Evidence: Any relevant photographs or visual evidence supporting the claim
5. Schedule E - Expert Reports: Any expert opinions or reports relevant to the claim
6. Annexure 1 - Proof of Authority: Documents proving the deponent's authority (if claiming on behalf of another party)
7. Annexure 2 - Calculations: Detailed calculations supporting the quantum claimed
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