A Simple Affidavit is a fundamental legal document in South African law used to provide sworn testimony or statements that can be relied upon in legal, administrative, or official proceedings. This document type is governed by the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and must be executed before a commissioner of oaths. Simple Affidavits are used in various contexts, including court proceedings, regulatory compliance, administrative applications, and general legal matters where sworn statements are required. They must contain true and accurate information, as false statements can result in criminal penalties. The document typically includes the deponent's personal details, the sworn statements arranged in numbered paragraphs, and proper authentication by a commissioner of oaths.
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1. Title and Case Reference: Identifies the document as an affidavit and includes any relevant case number or reference if applicable
2. Deponent Details: Full name, ID number, occupation and address of the person making the affidavit
3. Oath/Affirmation Statement: Standard declaration that the deponent understands and affirms the truth of the contents
4. Main Declaration: The substantive content of the affidavit, clearly numbered in paragraphs
5. Authentication: Space for signature, commissioner of oaths details, place, date, and time of signing
1. Preliminary Matters: Used when context or background information is needed before the main declaration
2. Authority to Depose: Required when the deponent is making the affidavit on behalf of another person or organization
3. Language Confirmation: Required when the affidavit was interpreted or translated for the deponent
4. Urgency Statement: Used in urgent court applications to explain why urgent consideration is required
1. Annexure A, B, C etc.: Supporting documents referenced in the affidavit, such as copies of ID documents, certificates, or other relevant evidence
2. Commissioner's Certificate: In cases where multiple pages are involved, a separate commissioner's certificate confirming the proper execution of the document
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