Who is commissioner of oaths in south africa

This accreditation process as set out in section 37 of ECTA is quite extensive, and consequently there are few providers of these accreditation services. This article will not go into further detail on this process, but at the end of the day, should it be required that a deponent and commissioner aa an electronic signature, it will be far harder to use this.

For virtual commissioning to make life easier for all parties involved, an electronic signature in the normal sense of the word should be allowed rather than the requirement for an advanced signature. Although virtual commissioning might not yet be norm in South Africa, it is a helpful process, especially given the pandemic and a necessity to mitigate the risk of spread of the virus by not being in the physical presence of the deponent or the commissioner of oaths.

Virtual Commissioning of Documents. Virtual Commissioning of Documents When we have any documentation commissioned, we essentially swear, by providing proper identification, before someone who has the authority to administer an oath such as a police official, an attorney, a charted accountant, etc. In recent case law, the courts allowed for the following steps to be taken for virtual commissioning:: The affidavit is sent to the deponent by e-mail and the deponent prints it.

The deponent proves his or her identity by showing a suitable document to the commissioner over video technology. The commissioner then asks the three questions see above and if the answers are all appropriate, watches the deponent sign the document on the video call.

Such application is done through the completion of a prescribed form referred to as form J5. A designated commissioner of oaths is only designated as such for the period in terms of which they occupy the particular designated post or capacity of the post. As soon as one resigns or retires from the designated post or capacity, one automatically seizes to be an ex officio commissioner of oaths.

Should a person wish to remain a commissioner of oaths upon resignation or retirement, they would have to reapply to the Department of Justice by completion of the prescribed application form J5 as well as supplying its supporting documentation. It is, however, not clear from the Act what criteria are used to determine which offices are suitable for designation as commissioners of oaths.

In conclusion, the answer as to which offices are bestowed with the authority to be commissioners of oaths is thus found in the regulations of the Act. The Minister reserves the right to amend these regulations by including and excluding certain offices as commissioners of oaths by way of Notices in the Government Gazette, therefore the list may change from time to time.

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