Administering oaths and affirmations

FAQ for Administering Oaths and Affirmations

What is an oath and affirmation?

An oath is a solemn promise to tell the truth, made by a person who believes in a higher power. An affirmation is a solemn promise to tell the truth, made by a person who does not believe in a higher power.

What is the purpose of administering oaths and affirmations?

The purpose of administering oaths and affirmations is to ensure that a witness or person giving evidence in a legal matter provides truthful and accurate information. This is important in maintaining the integrity of the legal system.

Who can administer oaths and affirmations?

In South Africa, various officials can administer oaths and affirmations, including commissioners of oaths, notaries public, justices of the peace, and magistrates.

Do I need to make an appointment to have an oath or affirmation administered?

It is advisable to make an appointment to have an oath or affirmation administered to ensure that the appropriate official is available and to avoid any delays.

What do I need to bring with me when having an oath or affirmation administered?

You will need to bring a form of identification such as your ID document or passport. You may also need to bring any relevant documents or information related to the legal matter for which the oath or affirmation is being administered.

Is there a fee for having an oath or affirmation administered?

Yes, there may be a fee for having an oath or affirmation administered. The fee will vary depending on the type of official administering the oath or affirmation and the nature of the legal matter.

Can I refuse to take an oath or affirmation?

In certain circumstances, a person may refuse to take an oath or affirmation. However, this may have legal consequences and should be discussed with a legal professional.

What happens if I provide false information after taking an oath or affirmation?

Providing false information after taking an oath or affirmation is a criminal offence and may result in prosecution. It is important to take the oath or affirmation seriously and provide truthful and accurate information.

In South Africa, notaries public are legal professionals who specialize in the authentication and certification of documents, as well as the drafting and execution of certain legal instruments. The governing legislation for notaries public in South Africa is the Notaries Act of 1997. This act regulates the appointment, qualifications, and duties of notaries public. The South African Law Society, which represents attorneys, is responsible for the regulation and oversight of notaries public. To find more information about notary public laws in South Africa and the South African Law Society, you can visit the following links:

1. Notaries Act: https://www.justice.gov.za/legislation/acts/1997-016.pdf
2. South African Law Society: https://www.lssa.org.za/