An affidavit is a written document the contents of which are sworn to under oath or affirmed by the person who deposes the document. It comprises five defining elements.
In South Africa, an affidavit is a quintessential legal document. Affidavits can be used in court, at the post office or simply to allow someone else to collect your race pack for a marathon. Their widespread importance means that everyone, editors included, should have a basic understanding of the elements of an affidavit that make this kind of document binding.
What is an affidavit?
In essence, an affidavit is a written document in which the contents are sworn under oath or affirmed by the person who deposes the document (the deponent). A deponent is the person who wishes to place the contents of the affidavit under oath or affirmation. An oath is a sworn declaration that the contents of an affidavit are true; it carries a religious denotation. An affirmation, in turn, is a non-religious declaration of truth.
Unlike court pleadings, an affidavit can only have a single deponent. As a result, the deponent is held liable legally for having declared the truth of the contents contained in their affidavit; otherwise the deponent risks being charged with perjury and (in some instances) damages arising from false statements made under oath or affirmation.
Affidavit element #1: Identifying the deponent
Primarily, the deponent must be sufficiently identified at the beginning of the affidavit in such a manner as to avoid a dispute regarding the deponent’s identity. It is a simple matter of stating the deponent’s full name and identity number, followed by a declaration that the contents of the affidavit are under oath or affirmation. An example for an affidavit under oath:
I, the Undersigned
JOHN DOE
(ID Number: 0000000000000)
do hereby declare under oath:
Alternatively, this is the affirmed version:
I, the Undersigned
JANE DOE
(ID Number: 1111111111111)
do hereby solemnly affirm:
Affidavit element #2: The contents
The body of an affidavit varies depending on the purpose of the affidavit. For example, a Founding Affidavit by a plaintiff that is to be used to institute court proceedings will be far more detailed than a Confirmatory Affidavit by a third party used for an insurance claim. Therefore, an affidavit’s intended use and purpose is crucial in determining its contents.
Even if there may be different reasons for drafting an affidavit, what remains the same across all of them is the use of numbered paragraphs. Each paragraph of an affidavit must be numbered, specifically for the purposes of referencing those paragraphs later. Some deponents number their paragraphs on the left side, while others centre-align their numbering. In the end, the placement of the numbers is a stylistic choice as long as there are numbered paragraphs for ease of reference.
Affidavit element #3: The deponent’s signature and initials
Every single page must contain the deponent’s initials, usually at the bottom of each page. If a deponent does not have a signature or initials, then their thumbprint must be placed in lieu of a signature.
Every affidavit must bear the signature of its deponent at the end of the affidavit. What follows is an example of a basic deponent signature line that would be at the end of an affidavit:
________________________________
SIGNATURE OF DEPONENT
Affidavit element #4: The declaration
An affidavit is only considered valid and binding if commissioned by a Commissioner of Oaths in terms of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 (as amended). A Commissioner must complete the declaration at the conclusion of the affidavit confirming the circumstances in which the affidavit was deposed. If the affidavit was done under oath, the Commissioner must declare the same. Here is an example of a declaration of an affidavit where the deponent took the oath:
I certify that the deponent has acknowledged that she/he knows and understands the contents of this affidavit which was sworn to before me and that the deponent’s signature was placed hereon in my presence at Durban, KwaZulu-Natal on this the 1st day of January 2026 at 15:30, and that the administering oath complied with the regulations contained in Government Gazette No. R 1258 of 21 July 1972, as amended.
Similarly, if the deponent chose to affirm the contents of their affidavit, then this is what the declaration would look like:
I certify that the deponent has acknowledged that she/he knows and understands the contents of this affidavit which was affirmed before me and that the deponent’s signature was placed hereon in my presence at Johannesburg, Gauteng on this the 2nd day of February 2026 at 14:45, and that the administering oath complied with the regulations contained in Government Gazette No. R 1258 of 21 July 1972, as amended.
Affidavit element #5: The Commissioner of Oaths stamp
No affidavit is complete without the Commissioner’s signature and identification stamp on the final page of the affidavit. This stamp must include the name of the commissioner and their designation or area of appointment. Often, a Commissioner is appointed based on their profession and in the discharge of their duties. For instance, South African Police Service officers, attorneys and chartered accountants become Commissioners of Oaths as long as they remain employed in those professions (ex officio). What follows is a sample Commissioner’s stamp:
__________________________
Commissioner of Oaths
Full Name of Commissioner of Oaths: Eddie McDerpy
Designation/Area of Appointment: Ex Officio
Physical Address: 128 Random Street, Somewhere, South Africa
In conclusion, affidavits can be straightforward to understand. However, depending on the type of affidavit to be drafted, some may contain a variety of additional elements that would be best explored in another blog post.
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