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Affidavit Template – South Africa
An affidavit is a sworn written statement made under oath or affirmation before a commissioner of oaths. Our free South African affidavit template complies with the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and the Regulations Governing the Administration of an Oath or Affirmation.
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AFFIDAVIT
DEPONENT
| FULL NAME | Sipho Nkosi |
| SA ID NO | 9204015800080 |
| ADDRESS | 14 Protea Avenue, Pretoria, Gauteng 0181 |
| OCCUPATION | Software Developer |
AFFIDAVIT DETAILS
| SUBJECT MATTER | Confirmation of receipt of payment for commercial transaction |
| METHOD | Oath |
| PLACE | Pretoria, Gauteng |
| DATE | 25 April 2026 |
I, Sipho Nkosi, Identity Number 9204015800080, residing at 14 Protea Avenue, Pretoria, Gauteng 0181, employed as Software Developer, hereby swear and state as follows:
1. I, Sipho Nkosi, am an adult male South African citizen.
2. On 20 April 2026, I received payment in the amount of ZAR 50,000 (Fifty Thousand Rand) from James van der Berg, Identity Number 8501155800084, in respect of the sale of office furniture and computer equipment.
3. The said payment was made by electronic funds transfer to my Standard Bank account number 012345678.
4. I confirm that the transaction has been completed in full and that I have no further claims of any nature whatsoever against James van der Berg arising from the said sale.
5. I make this affidavit in my personal capacity and to the best of my knowledge and belief.
2. On 20 April 2026, I received payment in the amount of ZAR 50,000 (Fifty Thousand Rand) from James van der Berg, Identity Number 8501155800084, in respect of the sale of office furniture and computer equipment.
3. The said payment was made by electronic funds transfer to my Standard Bank account number 012345678.
4. I confirm that the transaction has been completed in full and that I have no further claims of any nature whatsoever against James van der Berg arising from the said sale.
5. I make this affidavit in my personal capacity and to the best of my knowledge and belief.
I swear under oath that the contents of this affidavit are true and correct to the best of my knowledge and belief and that what I am stating herein is within my personal knowledge, unless the contrary appears therefrom.
DECLARATION BY DEPONENT
I understand and acknowledge that it is an offence in terms of section 319(3) of the Criminal Procedure Act 51 of 1977, as amended, to wilfully make a false statement in an affidavit or affirmation. I confirm that the contents of this affidavit are true and correct in every material respect.
I understand and acknowledge that it is an offence in terms of section 319(3) of the Criminal Procedure Act 51 of 1977, as amended, to wilfully make a false statement in an affidavit or affirmation. I confirm that the contents of this affidavit are true and correct in every material respect.
DEPONENT
Sipho Nkosi
Date: ____________________
COMMISSIONER OF OATHS — ATTESTATION
| AUTHORITY | Justices of the Peace and Commissioners of Oaths Act 16 of 1963; Regulation 3 of GN R1258/1972 |
| NAME | Priya Pillay |
| CAPACITY | Attorney, Commissioner of Oaths |
| ADDRESS | 3rd Floor, Standard Bank Building, Church Square, Pretoria 0002 |
I, Priya Pillay, in my capacity as Attorney, Commissioner of Oaths, certify that the deponent has acknowledged that they know and understand the contents of this affidavit; that the deponent has no objection to taking the prescribed oath; that the deponent regards the prescribed oath as binding on their conscience; and that the deponent was sworn in at Pretoria, Gauteng on 25 April 2026, as required by Regulation 3 of the Regulations Governing the Administration of an Oath or Affirmation (GN R1258 of 21 July 1972).
COMMISSIONER OF OATHS
Priya Pillay
Attorney, Commissioner of Oaths
Date: ____________________
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What Is an Affidavit in South Africa?
An affidavit is a written statement of fact made by a deponent (the person making the statement) under oath or solemn affirmation before a commissioner of oaths. The deponent swears or affirms that the contents of the affidavit are true and correct to the best of their knowledge and belief, and signs it in the presence of the commissioner. The commissioner of oaths administers the oath or affirmation, certifies the signature, and affixes their own signature and stamp. An affidavit is used in South African legal proceedings, administrative applications, and various official processes where sworn evidence is required.
In South Africa, affidavits are governed by the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and the Regulations Governing the Administration of an Oath or Affirmation published thereunder. The regulations prescribe the form of the certificate to be completed by the commissioner, who must be satisfied that the deponent understands the contents of the affidavit and the significance of the oath or affirmation. Any person who makes a false statement in an affidavit commits the crime of perjury or making a false statement under oath, which is a serious criminal offence under South African law.
South African courts — including the Magistrates' Court, the High Court, and the Constitutional Court — regularly rely on affidavits as the primary form of evidence in motion proceedings (applications). Affidavits are also used in South Africa for administrative purposes including SARS submissions, Home Affairs applications, estate administration under the Administration of Estates Act 66 of 1965, insurance claims, CCMA proceedings, and a wide range of everyday situations where a person must formally confirm facts. The affidavit must be deposed to in South Africa (or before a South African diplomatic or consular officer abroad) and the commissioner must be authorised to administer oaths in the relevant jurisdiction.
What's Covered in This Template
Our South African affidavit template includes all elements required by the Commissioners of Oaths regulations.
Deponent's Personal Details
Full name, identity number, occupation, and address of the person making the sworn statement.
Statement of Facts
Structured paragraphs recording the facts to be confirmed, each numbered for clarity.
Oath or Affirmation Declaration
Standard declaration that the deponent swears or affirms the contents to be true and correct.
Signature Block
Space for the deponent's signature or mark to be applied in the presence of the commissioner of oaths.
Commissioner of Oaths Certificate
Certificate confirming the administration of the oath or affirmation, including the commissioner's name, designation, and address.
Commissioner's Signature and Stamp
Space for the commissioner's signature, official stamp, and the date and place of commissioning.
Purpose Statement
Optional statement of the purpose for which the affidavit is being made.
Annexures
Provisions for attaching and identifying documentary annexures referred to in the body of the affidavit.
Corrections Procedure
Space to initial and certify any corrections made to the affidavit before signature, as required by the regulations.
How to Create a South African Affidavit
Follow these steps to prepare and commission a valid South African affidavit.
- 1
Enter Your Personal Details
Record your full name, identity number, occupation, and residential address at the top of the affidavit.
- 2
State the Facts Clearly
Set out the facts you are confirming in numbered paragraphs, keeping each paragraph to a single topic.
- 3
Attach Any Annexures
Attach and identify any supporting documents as annexures, referring to them by letter (Annexure "A", etc.) in the text.
- 4
Attend Before a Commissioner of Oaths
Take the completed affidavit (do not sign it beforehand) to a commissioner of oaths — such as a police officer, bank official, attorney, or notary — who will administer the oath and commission the document.
- 5
Download and Commission
Download the affidavit as a PDF, print it, and attend before a South African commissioner of oaths to sign and commission it.
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Legal Considerations
A South African affidavit must be properly commissioned to be admissible as sworn evidence.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African attorney for advice specific to your situation.
Reviewed for South African law
Commissioner of Oaths Requirements
Under the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, only persons authorised by the Minister of Justice and Constitutional Development may commission affidavits in South Africa. Commissioners of oaths include magistrates, commissioners of the High Court, police officers, notaries public, and attorneys. Many bank officials and post office employees are also appointed commissioners. The commissioner must be present when the deponent signs, must satisfy themselves that the deponent understands the contents, and must administer the prescribed oath or affirmation before affixing their signature and stamp.
Perjury and False Statements
Making a false statement in a South African affidavit is a criminal offence. Perjury is committed when a person makes a wilfully false statement under oath in judicial proceedings. Making a false declaration is committed when a person makes a false statement under oath in extra-judicial proceedings. Both offences carry the risk of prosecution and imprisonment. The seriousness of making a false affidavit is emphasised by the Justices of the Peace and Commissioners of Oaths Act, which requires the commissioner to inform the deponent of the legal consequences of making a false statement.
Use of Affidavits in Motion Proceedings
In South African High Court motion proceedings (applications), the facts relied upon by an applicant or respondent are placed before the court by way of affidavit. The founding affidavit of the applicant, the answering affidavit of the respondent, and the replying affidavit of the applicant together form the record of the application. Disputes of fact on the papers are resolved by the Plascon-Evans rule: where genuine disputes of fact exist, the court decides the application on the respondent's version of the facts unless the respondent's version is so clearly untenable as to be rejected.
Frequently Asked Questions
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