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Pre Employment Affidavit for South Africa

Pre Employment Affidavit Template for South Africa

A Pre-Employment Affidavit is a legally binding sworn statement used in South Africa's employment process where prospective employees declare the truthfulness of their employment application information. This document, governed by South African law including the Employment Equity Act and Labour Relations Act, contains declarations about criminal records, employment history, qualifications, and right to work. The affidavit must be sworn before a Commissioner of Oaths and serves as a formal verification tool for employers while creating legal accountability for candidates' statements.

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Pre Employment Affidavit

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What is a Pre Employment Affidavit?

The Pre-Employment Affidavit is a crucial document in South Africa's hiring process, designed to verify the accuracy of information provided by job applicants while creating legal accountability. It is typically used after initial candidate selection but before final employment offers are made. The document requires candidates to make sworn statements about their qualifications, work history, criminal record, and right to work in South Africa, among other declarations. This affidavit is particularly important in the South African context, where employment legislation emphasizes transparency and fair labor practices. The document must comply with various laws including the Employment Equity Act, Labour Relations Act, and the Justice of the Peace and Commissioners of Oaths Act. It serves as both a risk management tool for employers and a demonstration of candidate integrity in the hiring process.

What sections should be included in a Pre Employment Affidavit?

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

2. Oath/Affirmation Statement: Standard opening statement declaring that the deponent is swearing/affirming to the truth of the statements

3. Employment Application Reference: Details of the position applied for and the company name

4. Criminal Record Declaration: Statement regarding any previous criminal convictions or pending criminal cases

5. Previous Employment Declaration: Confirmation of accuracy of employment history provided and reason for leaving previous employers

6. Qualification Verification: Declaration that all educational and professional qualifications submitted are genuine and accurate

7. Right to Work Declaration: Confirmation of legal right to work in South Africa

8. Conflict of Interest Declaration: Disclosure of any potential conflicts of interest with the prospective employer

9. Closing Declaration: Standard closing statement confirming all information is true and correct

10. Signature Block: Space for deponent's signature and date

11. Commissioner of Oaths Certification: Official section for Commissioner of Oaths to complete, including their details and stamp

What sections are optional to include in a Pre Employment Affidavit?

1. Medical Declaration: Optional section for declaring any medical conditions that might affect job performance - only include if relevant to the position and permitted by law

2. Professional Registration: Declaration regarding professional body registration status - include for regulated professions only

3. Security Clearance: Additional declarations required for positions requiring security clearance

4. Financial Declaration: Declaration regarding financial status, bankruptcy, or judgments - include for financial positions or senior management roles

5. Consent for Background Checks: Specific consent for detailed background checks - include when additional verification processes will be conducted

What schedules should be included in a Pre Employment Affidavit?

1. Schedule A - Document Checklist: List of supporting documents that must be attached to verify declarations made in the affidavit

2. Schedule B - Declaration of Relationships: Detailed list of any relationships with current employees or stakeholders of the prospective employer

3. Appendix 1 - Reference Contact Details: Contact information for references who can verify employment history

4. Appendix 2 - Qualification Details: Detailed list of qualifications with institution names and completion dates

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
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