A Legal Affidavit is a fundamental document in the South African legal system, used to present sworn written testimony or statements that can be relied upon in legal proceedings or administrative matters. It is commonly required in various situations including court cases, corporate transactions, statutory compliance, and government applications. The document must be prepared in accordance with South African legislation, particularly the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, and must be sworn before a Commissioner of Oaths. Legal Affidavits can contain any factual information relevant to their purpose, but must be truthful as false statements can result in criminal charges. They are widely used across different sectors and can serve multiple purposes from supporting court applications to verifying personal information for official purposes.
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1. Title and Case Information: Includes court details, case number (if applicable), and names of parties involved
2. Deponent Details: Full name, identification number, occupation and address of the person making the affidavit
3. Oath Declaration: Statement confirming the deponent's oath or solemn affirmation
4. Authority and Capacity: Establishes the deponent's authority to make the statement and capacity in which they are acting
5. Facts and Evidence: Numbered paragraphs containing the main content of the affidavit, presented in chronological or logical order
6. Verification: Statement confirming the truth of the contents
7. Signature Block: Space for deponent's signature and date
8. Commissioner of Oaths Certification: Official certification by the Commissioner of Oaths, including their details and stamp
1. Expert Qualifications: Required when the affidavit contains expert testimony, detailing the deponent's qualifications and expertise
2. Language Declaration: Required when the deponent requires an interpreter, confirming the translation was accurate
3. Supporting Documentation List: When annexures are attached, providing a list and explanation of all supporting documents
4. Security Declaration: Required in cases involving sensitive information or state security matters
5. Additional Declarations: Any specific declarations required by the particular court or circumstance
1. Annexure A, B, C, etc.: Supporting documents referenced in the affidavit, clearly marked and numbered
2. Documentary Evidence: Copies of relevant documents, certificates, or other evidence referenced in the affidavit
3. Photographic Evidence: If relevant, properly marked photographs that support the affidavit content
4. Expert Reports: Any specialist or expert reports referenced in the main affidavit
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Relevant Teams
Legal
Compliance
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Corporate Secretariat
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Operations
Administration
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Legal Counsel
Corporate Secretary
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Human Resources Manager
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