Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963)RegulationsRegulations Governing the Administering of an Oath or AffirmationNotice No. R. 1258 of 1972 |
Notice No. R. 1258
21 July 1972
GG 3619
The State President has, in terms of section 10 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act 16 of 1963), been pleased to make the following regulations:
Schedule
1.
| (1) | An oath is administered by causing the deponent to utter the following words: |
'I swear that the contents of this declaration are true, so help me God'.
| (2) | An affirmation is administered by causing the deponent to utter the following words: |
'I truly affirm that the contents of this declaration are true'
2.
| (1) | Before a commissioner of oaths administers to any person the oath or affirmation prescribed by regulation 1 he shall ask the deponent— |
| (a) | whether he knows and understands the contents of the declaration; |
| (b) | whether he has any objection to taking the prescribed oath; and |
| (c) | whether he considers the prescribed oath to be binding on his conscience. |
| (2) | If the deponent acknowledges that he knows and understands the contents of the declaration and informs the commissioner of oaths that he does not have any objection to taking the oath and that he considers it to be binding on his conscience the commissioner of oaths shall administer the oath prescribed by regulation 1(1). |
| (3) | If the deponent acknowledges that he knows and understands the contents of the declaration but objects to taking the oath or informs the commissioner of oaths that he does not consider the oath to be binding on his conscience the commissioner of oaths shall administer the affirmation prescribed by regulation 1(2). |
3.
| (1) | The deponent shall sign the declaration in the presence of the commissioner of oaths. |
| (2) | If the deponent cannot write he shall in the presence of the commissioner of oaths affix his mark at the foot of the declaration: Provided that if the commissioner of oaths has any doubt as to the deponent's inability to write he shall require such inability to be certified at the foot of the declaration by some other trustworthy person. |
4.
| (1) | Below the deponent's signature or mark the commissioner of oaths shall certify that the deponent has acknowledged that he knows and understands the contents of the declaration and he shall state the manner, place and date of taking the declaration. |
| (2) | The commissioner of oaths shall— |
| (a) | sign the declaration and print his full name and business address below his signature; and |
| (b) | state his designation and the area for which he holds his appointment or the office held by him if he holds his appointment ex officio. |
[Regulation 4(2) substituted by Notice No. 1648, GG 5716, dated 19 August 1977]
5. [Regulation 5 deleted by Notice No. R. 774 , GG 8169, dated 23 April 1982]
| 6. | A commissioner of oaths shall not charge any fee for administering any oath or affirmation or attesting any declaration. |
7.
| (1) | A commissioner of oaths shall not administer an oath or affirmation relating to matter in which he has interest. |
| (2) | Subregulation (1) shall not apply to an affidavit or a declaration mentioned in the Schedule. |
8. Government Notice R. 1206, dated 15 December 1961, is hereby withdrawn.