Draft Regulations on Oaths and Affirmations Published for Public Comment
Brought to you by SA Legal Academy: The Department of Justice & Constitutional Development has published draft regulations under the Justices of the Peace and Commissioners of Oaths Act, No. 16 of 1963, for public comment until 31 August 2026.
In terms of the Justices of the Peace and Commissioners of Oaths Act, No. 16 of 1963, the draft regulations seek to establish a updated regulatory framework for administering oaths, affirmations, and solemn declarations. Upon finalisation, the proposed regulations will repeal and replace the regulations currently in force under Government Notice R. 1258 of 21 July 1972.
The proposed regulations provide significantly expanded provisions compared to the 1972 framework, setting out refined standards for identity verification, document certification, and commissioner duties.
Key proposed developments
- Modernised operational requirements for commissioners of oaths when administering declarations and affidavits.
- Updated requirements for verification of deponents’ identities and signature authentication.
- Repeal of the 1972 regulations to align swearing procedures with contemporary legal practice.
What this means for you, your business, or your clients
- For yourself: Legal practitioners acting as commissioners of oaths must review the proposed requirements to ensure future compliance when administering affidavits and affirmations.
- For your business: Firms and corporate compliance offices must audit existing client onboarding and affidavit execution templates to prepare for updated regulatory compliance once promulgated.
- For your clients: Clients presenting documents for commissioning will be subject to updated identity verification and execution standards when swearing affidavits or declarations.
Originally published at https://legalacademy.co.za/news/read/oaths-and-affirmations-draft-regulations-out-for-comment