Draft Regulations Issued for Electronic Commissioning of Oaths
Brought to you by SAnews: The Department of Justice and Constitutional Development has published draft regulations under the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), introducing provisions for the remote electronic commissioning of affidavits and declarations.
Published in Government Gazette No. 55075 (Government Notice R7746) on 31 July 2026, the draft regulations will repeal and replace the current Regulations Governing the Administering of an Oath or Affirmation published in 1972.
Key Draft Provisions
- Electronic Commissioning (Part 5): Authorises commissioners of oaths to administer an oath or affirmation via audio-visual communication where documents are submitted electronically or through a recognized online portal. Remote administration is deemed legally valid as if conducted in the physical presence of the commissioner.
- Deponent Verification: If a document is signed prior to the video session, the commissioner must ascertain and be satisfied that the deponent is the person who signed the document before administering the oath or affirmation.
- Physical Execution (Part 4): Retains requirements for in-person signing where applicable. Deponents unable to write must affix a mark at the foot of the declaration in the presence of the commissioner, which must be certified by a trustworthy person if the commissioner has doubt.
Written comments on the draft regulations must be submitted by no later than Monday, 31 August 2026, marked for the attention of Mr M Mokulubete via:
- Email: [email protected]
- Post: The Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001
- Hand Delivery: Momentum Building, 329 Pretorius Street, Pretoria
Click here to download Draft Regulations Governing the Administering of an Oath or Affirmation (GG 55075, Notice R7746).
What this means for you, your business, or your clients
- For yourself: As an ex officio commissioner of oaths, you will be authorized to attest affidavits via secure video links once the regulations are finalised, provided identity verification rules are strictly followed.
- For your business: Legal, accounting, and compliance practices should update operational procedures and software tools to accommodate remote video commissioning and electronic document retention.
- For your clients: Deponents will no longer be required to attend in-person meetings solely to swear affidavits or sign sworn declarations, reducing execution turnarounds for legal and regulatory filings.
Originally published at https://www.sanews.gov.za/south-africa/have-your-say-administration-oath-draft-regulations