The Non Criminal Affidavit is a fundamental legal document in South African law used to provide sworn testimony in various civil and administrative matters. It serves as a formal declaration of facts, sworn under oath but not relating to criminal proceedings. This document type is commonly used in business transactions, civil disputes, administrative procedures, and various corporate matters where formal sworn statements are required. The affidavit must comply with South African legal requirements, including proper execution before a Commissioner of Oaths as per the Justices of the Peace and Commissioners of Oaths Act. It can be used to confirm facts, provide evidence, support applications, or make formal declarations in any non-criminal context where sworn testimony is required.
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1. Deponent Information: Full legal name, identity number, occupation and address of the person making the affidavit
2. Oath Declaration: Standard declaration that the deponent understands the content and considers it binding on their conscience
3. Basis of Knowledge: Explanation of how the deponent came to know the facts stated in the affidavit
4. Statement of Facts: Clear, numbered paragraphs containing the main factual content of the affidavit
5. Truth Declaration: Standard declaration that the contents are true and correct to the best of the deponent's knowledge
6. Signature Block: Space for deponent's signature, commissioner of oaths details and signature, place and date
1. Language Confirmation: Statement confirming that the content was explained in the deponent's preferred language (used when the deponent is not fully proficient in the language of the affidavit)
2. Capacity Declaration: Statement of the deponent's legal capacity and authority to make the affidavit (used when representing an organization or another person)
3. Supporting References: References to attached documents or external evidence (used when the affidavit relies on documentary evidence)
4. Urgency Statement: Declaration of urgency and reasons thereof (used for urgent legal matters)
5. Qualification Statement: Statement of professional qualifications or expertise (used when professional opinion is being provided)
1. Identity Document Copy: Certified copy of the deponent's identity document
2. Supporting Documents: Copies of relevant documents referenced in the affidavit
3. Proof of Authority: Documents proving authority to act (when representing an organization or another person)
4. Photographs: Relevant photographic evidence referenced in the affidavit
5. Expert Credentials: Copies of qualifications or credentials (when professional opinion is being provided)
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