Tinashe v University of Limpopo: Turfloop Campus 2023 ZALMPPHC 57. In the 'presence' of the Commissioner: Is there a need for an amendment to the Justices of the Peace and Commissioners of Oaths Act 16 of 1963?

Abstract

The Justices of the Peace and Commissioners of Oaths Act 16 of 1963 governs the powers and responsibilities of all Commissioners of Oaths in the Republic of South Africa. One of the primary duties of a Commissioner of Oaths is to assist members of public by administering an oath or affirmation when swearing to an affidavit (see sections 7 and 8). Section 10 of the Act provides that the Minister of Justice may make Regulations prescribing the form and manner in which an oath or affirmation must be administered. All affidavits must therefore meet the requirements as set out in the Regulations promulgated in terms of the Act. The Regulations that were made by the Minister in this regard are the Regulations Governing the Administration of an Oath or Affirmation, which were published under GN R1258 in GG3619 on 21 July 1972.