The Commissioner of Oaths: Understanding their Role and Responsibilities

In South Africa, the role of a Commissioner of Oaths is a vital component of the legal and administrative landscape. A Commissioner of Oaths is an individual authorised to administer oaths or affirmations, which are formal declarations made before the law. These declarations are often required for various legal documents and proceedings, and understanding the process is essential for anyone dealing with legal matters.

What is a Commissioner of Oaths?

A Commissioner of Oaths is appointed under the Justices of the Peace and Commissioners of Oaths Act, 16 of 1963. This act empowers certain individuals to verify the authenticity of legal declarations, ensuring that they are made truthfully and in accordance with the law. They may also attest documents, confirming their legitimacy.

Administering Oaths vs. Affirmations

The process for taking an oath or affirmation is governed by strict regulations. It is important to understand the difference between the two:

• Oath: This is a solemn declaration made by the deponent (the person making the declaration), who states: "I swear that the contents of this declaration are true, so help me God." This form of declaration invokes a religious commitment to truthfulness.
• Affirmation: For those who may object to making an oath, perhaps due to religious beliefs or personal conscience, an affirmation is an alternative. In this case, the deponent states: "I truly affirm that the contents of this declaration are true." This non-religious declaration holds the same legal weight as an oath.

The Commissioner’s Role in the Process

Before administering an oath or affirmation, the Commissioner of Oaths is required to ask the deponent three important questions:

1. Does the deponent understand the contents of the declaration?
2. Does the deponent have any objection to taking an oath?
3. Does the deponent consider the oath binding on their conscience?

If the deponent answers all these questions affirmatively, the Commissioner of Oaths will administer an oath. However, if the deponent objects to taking an oath or declares that it is not binding on their conscience, an affirmation is administered instead.

Signature and Certification

Once the declaration is made, the deponent must sign the document in the presence of the Commissioner of Oaths. If the deponent is unable to write, they may make their mark, provided this is done in the Commissioner’s presence. The Commissioner must also ensure that the deponent's inability to write is certified by a trustworthy person, should any doubt arise.

Below the deponent’s signature or mark, the Commissioner of Oaths must provide certification that the deponent has acknowledged that they understand the contents of the declaration. The Commissioner must include the following details:

• Manner of the declaration (whether it was an oath or affirmation)
• Place and date of taking the declaration
• The Commissioner’s full name, designation, and business address
• The area for which the Commissioner holds their appointment or the office held if the appointment is ex officio

Common Examples of the Services Provided by a Commissioner of Oaths:

1. Certifying Copies of Original Documents

One of the most frequent tasks a Commissioner of Oaths undertakes is the certification of true copies of original documents. This is done to verify that a copy of a document is an exact replica of the original, without any alterations. Some common documents certified by Commissioners include:

• Identity Documents (ID);
• Passports;
• Marriage Certificates;
• Academic Qualifications; and
• Utility Bills.

To certify a true copy, the Commissioner compares the copy with the original document and, if satisfied, stamps, signs, and dates the copy, along with a statement confirming that it is a true copy of the original.

2. Commissioning an Affidavit

Another key role of a Commissioner of Oaths is commissioning affidavits. An affidavit is a sworn statement made under oath or affirmation, and it is used as evidence in various legal and administrative proceedings. Affidavits are frequently required in situations such as:

• Insurance Claims: An affidavit may be needed when submitting an insurance claim, especially if there are no other witnesses or evidence available to support the claim.
• Lost Documents: When important documents like ID books, passports, or vehicle registration papers are lost, an affidavit must be submitted to officially declare the loss.
• Unlawful Activity or Accidents: Affidavits may be required in cases involving unlawful activities or traffic accidents, where the individual needs to officially declare what occurred.
• Proof of Residence: In some cases, a person may need to submit an affidavit stating their place of residence, often required when they don’t have traditional proof like a utility bill.

No Fees for Services

One crucial aspect of a Commissioner of Oaths' duties is that they are prohibited from charging any fee for administering oaths or affirmations. This regulation ensures that the service remains accessible and impartial.

Conflict of Interest

A Commissioner of Oaths must not administer an oath or affirmation in any matter in which they have a personal interest. This maintains the integrity of the process and prevents conflicts of interest. However, there are some exceptions to this rule.

Conclusion

Commissioners of Oaths play a key role in maintaining the integrity of legal documents and declarations. Whether it's certifying true copies of important documents or commissioning affidavits, their responsibilities help ensure that legal processes are carried out truthfully and lawfully. These tasks, though routine, form the foundation of trust in the legal processes that govern everyday life in South Africa.