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Affidavit Of Forgery for South Africa

Affidavit Of Forgery Template for South Africa

An Affidavit of Forgery is a formal sworn statement used in South African legal proceedings where an individual declares under oath that a signature, document, or transaction has been forged or fraudulently created without their authorization. This legal instrument, governed by South African law including the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, serves as official evidence in both civil and criminal proceedings. The document must be executed before a Commissioner of Oaths and requires detailed documentation of the alleged forgery, including circumstances of discovery, verification methods, and supporting evidence.

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Affidavit Of Forgery

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What is a Affidavit Of Forgery?

An Affidavit of Forgery is a crucial legal document utilized in South African jurisdiction when an individual needs to formally declare that a signature, document, or transaction has been fraudulently created or altered without their knowledge or consent. This sworn statement is essential for initiating investigations, disputing fraudulent transactions, or supporting legal proceedings in cases of forgery. The document must comply with South African legal requirements, including proper execution before a Commissioner of Oaths, and typically includes detailed information about the forged item, circumstances of discovery, and any resulting damages. It's commonly used in banking disputes, property transactions, contract disputes, and other situations where document authenticity is questioned.

What sections should be included in a Affidavit Of Forgery?

1. Deponent Details: Full name, ID number, address and occupation of the person making the affidavit

2. Oath Declaration: Standard declaration that the contents are true and correct, understanding the nature of an oath

3. Document Identification: Detailed description of the allegedly forged document, including dates, reference numbers, and type of document

4. Discovery of Forgery: Explanation of how and when the forgery was discovered

5. Basis of Knowledge: Explanation of how the deponent knows the signature/document is forged

6. Financial Impact: Description of any financial losses or implications resulting from the forgery

7. Prior Actions Taken: Description of steps already taken (e.g., police reports, bank notifications)

8. Verification Method: Description of how the forgery was verified (e.g., handwriting expert, bank verification)

9. Relief Sought: Statement of what action or remedy the deponent is seeking

What sections are optional to include in a Affidavit Of Forgery?

1. Witness Statements: Include when there are witnesses who can corroborate aspects of the forgery discovery or verification

2. Digital Forensics: Include when the forgery involves electronic documents or digital signatures

3. Historical Transaction Records: Include when relevant to establish a pattern or timeline that supports the forgery claim

4. Power of Attorney: Include when the affidavit is being made on behalf of another person or entity

5. Security Measures: Include when describing existing security measures that were bypassed or compromised

What schedules should be included in a Affidavit Of Forgery?

1. Annexure A - Forged Document: Copy of the document containing the alleged forgery

2. Annexure B - Genuine Specimen: Examples of genuine signatures or documents for comparison

3. Annexure C - Expert Reports: Any handwriting expert or forensic analysis reports

4. Annexure D - Supporting Evidence: Related correspondence, photographs, or other supporting documentation

5. Annexure E - Police Report: Copy of police report or case number if criminal charges have been filed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Banking and Financial Services

Insurance

Legal Services

Real Estate

Healthcare

Government and Public Sector

Education

Corporate Services

Retail

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Fraud Prevention

Security

Operations

Customer Service

Administration

Internal Audit

Corporate Governance

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Fraud Investigator

Security Officer

Bank Manager

Claims Adjuster

Document Examiner

Corporate Secretary

Legal Administrator

Chief Financial Officer

Audit Manager

Operations Manager

Human Resources Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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