WHEN Innocent’s handbag was stolen, she lost her cards, including her driver’s licence.
She went to her local licensing office to get a new driver’s licence, but was told she needed an affidavit stating her handbag had been stolen and that her driver’s licence was in it when it got stolen.
Innocent knew that an affidavit was a legal document and that as a Scorpion Legal Protection member, they would help her with it.
What does the law say?
An affidavit is a written statement of facts that are made under oath in front of a person, who is a commissioner of oaths, the law states.
An affidavit is also known as a sworn statement.
According to Section 5 of the Justices of the Peace and Commissioners of Oaths Act, 16 of 1963, and its Regulations, a commissioner of oaths can be anyone who has been appointed by either the minister of justice or any officer of the Department of Justice with the rank of a director, authorised in writing by the minister.
How does it work?
An affidavit should be provided if you need to prove what you’re saying is true. It should be signed by the deponent (the person giving the affidavit) and commissioned by a commissioner of oaths.
An affidavit has the following information:
) The title of the case or affidavit.
) The name of the person making the affidavit, their address and job.
) States that the deponent is older than 18 years of age.
) Needs to set out the deponent’s sworn statement.
) Must be dated and signed by the deponent in the presence of a commissioner of oaths.
) Must have a jurat – a section where the commissioner of oaths states that the affidavit was properly sworn.
What can Innocent do?
She could go to the police station and make a sworn statement to a police officer on what happened, then read and sign it.
How can Scorpion help?
Since Innocent is a Scorpion member, she can go to any Scorpion branch and a legal advisor will help her draft an affidavit she can have commissioned at a police station.
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