Affidavits and Certifications in South Africa

What Is an Affidavit?

An affidavit is a formal written statement in which the deponent (the person making the statement) swears under oath that the contents are true. It is signed in the presence of an authorised official a commissioner of oaths or a Notary Public who administers the oath or affirmation.

Affidavits are used in a wide range of legal and official contexts: as evidence in court proceedings, in immigration applications, for financial or banking purposes, and in many government processes. They are distinct from ordinary written statements because of the sworn oath, which makes false statements an offence.

Commissioner of Oaths vs Notary Public

South Africa has a large class of persons who may act as commissioners of oaths. Attorneys, police officers (above a certain rank), magistrates, and certain other public officials are automatically commissioners of oaths. For most domestic purposes, any commissioner of oaths is sufficient.

A Notary Public is an attorney with additional qualifications who has been specially admitted by the High Court. A Notary Public is needed when:

• The affidavit will be used internationally
• The receiving institution requires a notarial certificate
• The affidavit needs to be apostilled by DIRCO
• The document will be submitted to a foreign court, embassy, or government department

Certified Copies of Documents

A common request alongside affidavits is the certification of copies of original documents. Notarially certified copies made by a Notary Public are accepted internationally and by DIRCO for apostille purposes.

Documents commonly certified include:

• Identity documents and passports
• Birth, marriage, and death certificates
• Degree and diploma certificates
• Police clearance certificates
• Company registration documents
• Bank statements and financial records

Sworn Translations

When a document in a foreign language needs to be used in a South African legal or official context, a sworn translation may be required. Conversely, when a South African document is needed abroad, it may need to be translated and the translation certified.

A Notary Public can notarise a sworn translation certifying that the translator has confirmed the accuracy of the translation under oath. This provides official standing for the translated document in legal and administrative proceedings.

The Affidavit and Certification Process

1. Prepare a draft of the statement or gather the original documents to be copied
2. Contact the Notary Public to arrange an appointment
3. Bring original documents and a valid identity document
4. The Notary administers the oath and witnesses your signature on the affidavit, or certifies copies of the originals
5. If required, the certified documents can be submitted to DIRCO for an apostille