Statutory Declaration Template – South Africa
A statutory declaration is a formal statement of facts made under oath or solemn affirmation before a commissioner of oaths, used for administrative and legal purposes. Our free South African statutory declaration template complies with the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
| FULL NAME | Ayanda Dlamini |
| SA ID NO | 9204015800080 |
| OCCUPATION | Software Developer |
| ADDRESS | 12 Buitenkant Street, Cape Town 8001 |
| DATE | 25 April 2026 |
| PURPOSE OF DECLARATION | Confirming identity for administrative and banking purposes |
2. I am a South African citizen by birth and have resided at the above address since 1 January 2022.
3. I make this solemn declaration for the purpose of confirming my identity to the relevant administrative authority as required.
4. I have not changed my name and the name appearing on my identity document is the name I use in all my dealings.
On this ______ day of ________________________, 20______, before me personally appeared Ayanda Dlamini, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
What Is a Statutory Declaration in South Africa?
A statutory declaration is a formal written statement of facts confirmed under oath or solemn affirmation before a commissioner of oaths. It is used when a person needs to formally declare the truth of a matter for official, administrative, or legal purposes — for example, to confirm their identity, marital status, residence, financial circumstances, or the circumstances of a lost document. A statutory declaration in South Africa serves a similar purpose to an affidavit but is typically used in administrative contexts rather than in formal court proceedings.
In South Africa, statutory declarations and affidavits are both governed by the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and the accompanying regulations. The formalities are the same: the declarant must appear before a commissioner of oaths, confirm that they understand the contents, and sign the document in the presence of the commissioner, who administers the oath or affirmation and affixes their certification, signature, and stamp. Making a false declaration is a criminal offence — perjury if made in judicial proceedings, or making a false declaration if made in extra-judicial contexts.
Statutory declarations in South Africa are routinely required for a wide range of administrative purposes, including applications to the Department of Home Affairs (identity documents, passports, change of name), applications to SARS (tax affidavits), applications to the Master of the High Court (estate administration under the Administration of Estates Act 66 of 1965), insurance claims, confirmation of lost documents, and various other official processes. The form of declaration depends on the requiring authority — some institutions provide their own prescribed forms, while others accept a general statutory declaration. A South African statutory declaration executed before a commissioner of oaths and properly stamped carries significant legal weight.
What's Covered in This Template
Our South African statutory declaration template includes all elements required for a valid commissioned declaration.
Declarant's Personal Details
Full name, identity number, occupation, and residential address of the person making the declaration.
Capacity of the Declarant
Statement of the capacity in which the declaration is made — personal, as executor, as trustee, or as director.
Subject of the Declaration
Clear statement of the facts being formally declared — identity, address, ownership, circumstances, or other factual matter.
Numbered Factual Paragraphs
Structured, numbered paragraphs each addressing a single factual matter for clarity.
Basis of Knowledge
Statement confirming that the facts are within the declarant's personal knowledge or specifying the basis of their knowledge.
Supporting Documents
Optional reference to documentary evidence attached as annexures supporting the declaration.
Oath or Affirmation Declaration
Standard statutory declaration that the contents are true and correct to the best of the declarant's knowledge.
Commissioner's Certificate
Prescribed certificate of the commissioner of oaths confirming administration of the oath or affirmation.
Signature and Stamp
Blocks for the declarant's and commissioner's signatures, the commissioner's stamp, and the date and place.
How to Create a Statutory Declaration in South Africa
Follow these steps to produce a valid South African statutory declaration.
- 1
Confirm the Required Form
Check whether the authority (Home Affairs, SARS, Master's Office) requires a specific prescribed form or accepts a general declaration.
- 2
Enter Your Personal Details
Record your full name, identity number, occupation, and address.
- 3
State the Facts Clearly and Accurately
Set out the facts you are declaring in numbered paragraphs, ensuring each statement is accurate and within your personal knowledge.
- 4
Attach Supporting Documents
Attach certified copies of supporting documents as annexures where appropriate.
- 5
Commission Before a Commissioner of Oaths
Take the unsigned declaration to a commissioner of oaths, sign in their presence after they administer the oath, and have them certify and stamp the document.
Legal Considerations
A South African statutory declaration must be properly commissioned and contain accurate statements to be legally effective.
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
Commissioners of Oaths in South Africa
Under the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, statutory declarations must be commissioned by a person duly authorised to administer oaths in South Africa. Commissioners include magistrates, High Court commissioners, police officers, notaries public, and attorneys. Many banks and post offices also have commissioned employees. The commissioner must administer the oath or affirmation, verify the declarant's identity, and complete and stamp the prescribed certificate.
False Declarations and Criminal Liability
Making a false statement in a statutory declaration in South Africa is a serious criminal offence. Where the declaration is made in the course of judicial proceedings, the offence is perjury. Where it is made in extra-judicial or administrative proceedings, it constitutes making a false declaration — both are punishable by the criminal courts. Commissioners of oaths are required to draw the declarant's attention to the legal consequences of making a false statement before administering the oath.
Home Affairs and SARS Applications
The Department of Home Affairs requires statutory declarations for a range of applications including change of name, replacement of identity documents, and confirmation of South African citizenship circumstances. SARS may require affidavits or statutory declarations in connection with estate duty returns, objections, and appeals. The Master of the High Court requires affidavits confirming the appointment of executors and the value of deceased estates under the Administration of Estates Act 66 of 1965. Each authority may have specific requirements for the content and certification of the declaration.
Frequently Asked Questions
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