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Affidavit With Witness

Affidavit With Witness Template for South Africa

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Key Requirements PROMPT example:

Affidavit With Witness

"I need an Affidavit with Witness for a corporate matter where I, as CFO, need to confirm the authenticity of financial statements for the period ending March 2025, including supporting witness statements from our external auditors."

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Document background
The Affidavit with Witness is a crucial legal document in South African jurisprudence, used to provide sworn testimony for various legal and administrative purposes. This document type is governed by strict legal requirements under South African law, including the Justice of Peace and Commissioners of Oaths Act and related regulations. An Affidavit with Witness must be properly executed before a Commissioner of Oaths, who verifies the deponent's identity and administers the oath or affirmation. The document can be used in court proceedings, administrative applications, statutory declarations, and various corporate or personal matters where formal sworn statements are required. It must contain truthful statements as false declarations can result in criminal charges for perjury.
Suggested Sections

1. Title and Case Reference: Identifies the document as an affidavit and includes any relevant case numbers or reference details

2. Deponent Details: Full name, ID number, address and occupation of the person making the affidavit

3. Oath/Affirmation Statement: Formal declaration that the deponent is swearing to or affirming the truth of the statements

4. Core Statement of Facts: The main body containing the facts and information being testified to, presented in clear numbered paragraphs

5. Signature and Date: Space for the deponent's signature and date of signing

6. Commissioner of Oaths Certification: Official section for the Commissioner of Oaths to complete, including their details, signature, stamp, and certification

Optional Sections

1. Preliminary Matters: Used when background context or jurisdictional matters need to be established before the main facts

2. Supporting Witness Statements: Included when additional witnesses need to corroborate specific aspects of the main deposition

3. Request for Relief: Used in affidavits supporting legal applications to specify what action or relief is being sought

4. Verification of Translation: Required when the affidavit has been translated from another language

5. Additional Declarations: Used for specific legal requirements depending on the purpose of the affidavit (e.g., declaring no interest in the matter)

Suggested Schedules

1. Annexure A, B, C, etc.: Supporting documents referenced in the affidavit, each marked alphabetically and signed by both the deponent and commissioner

2. Identity Document Copy: Certified copy of the deponent's identity document, typically marked as first annexure

3. Supporting Evidence: Any documentary evidence referenced in the affidavit, properly marked and certified

4. Proof of Authority: If signing on behalf of an organization, documentation proving authority to make the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Financial Services

Public Sector

Corporate

Insurance

Real Estate

Banking

Healthcare

Education

Manufacturing

Mining

Retail

Construction

Transportation

Agriculture

Relevant Teams

Legal

Compliance

Human Resources

Risk Management

Corporate Secretariat

Administrative Services

Executive Leadership

Operations

Finance

Governance

Relevant Roles

Legal Counsel

Company Secretary

Compliance Officer

Human Resources Manager

Risk Manager

Corporate Attorney

Legal Administrator

Paralegal

Chief Executive Officer

Chief Financial Officer

Department Director

Board Member

Operations Manager

Project Manager

Administrative Officer

Industries
Justice of Peace and Commissioners of Oaths Act 16 of 1963: Establishes the legal framework for commissioners of oaths and their authority to administer oaths and witness affidavits
Regulations Governing the Administering of an Oath or Affirmation (GN R1258 of 1972): Provides specific procedures and requirements for the proper administration of oaths and affirmations in affidavits
Civil Proceedings Evidence Act 25 of 1965: Governs the admissibility of affidavits as evidence in civil proceedings and requirements for their validity
Criminal Procedure Act 51 of 1977: Contains provisions regarding the use of affidavits in criminal proceedings and consequences of false statements
The Constitution of South Africa, 1996: Provides fundamental rights including access to courts and fair administrative action, which may affect affidavit content and processing
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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