Civil Procedure
Affidavit
An affidavit is a written sworn statement of fact, used as evidence in court proceedings. The deponent swears before a commissioner of oaths that the contents are true.
Legal Definition
A written statement confirmed by the deponent's oath or affirmation before a commissioner of oaths. False statements in an affidavit constitute perjury. Affidavits are the primary means of adducing evidence in motion proceedings (opposed applications).
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Justices of the Peace and Commissioners of Oaths Act 16 of 1963
Practical Example
You apply for an urgent interdict and must place evidence before the court. Your evidence is contained in a founding affidavit, sworn before a commissioner of oaths at your attorney's office.
Frequently Asked Questions
Who can commission an affidavit?
A commissioner of oaths — which includes magistrates, police officers of or above the rank of sergeant, attorneys, and specifically appointed persons.
What is perjury?
Making a false statement under oath. It is a criminal offence punishable by fine or imprisonment under s319 of the Criminal Procedure Act.
Can an affidavit be amended after swearing?
No. Corrections must be initialled before swearing. After swearing, an application to supplement by supplementary affidavit may be necessary.
Related Terms
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