Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963)

Commissioners of Oaths

8. Powers as to oaths outside the Republic
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(1)
(a)The Minister may, by notice in the Gazette, declare that the holder of any office in any country outside the Republic shall in the country in which or at the place at which he holds such office, have the powers conferred by section seven upon a commissioner of oaths, and may in like manner withdraw or amend any such notice.
(b)Any person appointed as a commissioner of the Supreme Court of South Africa shall for the purpose of the exercise of his powers or the performance of his duties as such commissioner have, at any place outside the Republic, the powers conferred by section seven upon a commissioner of oaths.

 

(2)If any person referred to in subsection (1) administers an oath or affirmation to take a solemn or attested declaration from any person, he shall authenticate the affidavit or declaration in question by affixing thereto the seal or impressing thereon the stamp used by him in connection with his office or, if he possesses no such seal or stamp, certifying thereon under his signature to that effect.

 

(3)Any affidavit, affirmation or solemn or attested declaration purporting to have been made before a person referred to in subsection (1) and to be authenticated in accordance with the provisions of subsection (2), may, on its mere production, be admitted in evidence in any court or received in any public office.

 

(4)Any affidavit, affirmation or solemn or attested declaration made before a person referred to in subsection (1) and authenticated in accordance with the provisions of subsection (2), shall be as effectual as if made in the Republic before a commissioner of oaths.

 

(5)Any court in the Republic shall have jurisdiction to try any person on a charge of having contravened section nine in relation to any affidavit or declaration made outside the Republic before a person referred to in subsection (1), and for all purposes incidental to or consequential upon the trial of the offence, the offence shall be deemed to have been committed within the area of jurisdiction of the court so trying any person.