Civil Procedure

Deponent

A person who makes and signs an affidavit (sworn statement). The deponent swears under oath or affirms the truth of the contents of the affidavit before a commissioner of oaths.

Legal Definition

A deponent is the person who deposes to (makes) an affidavit. An affidavit is a written statement confirmed under oath or affirmation before a commissioner of oaths (any attorney, magistrate, or other designated person). Deponents are personally liable for the truth of their affidavits — making a false affidavit is the crime of perjury (or making a false statement to a commissioner of oaths under section 236 of the Criminal Procedure Act). Affidavits are the primary form of evidence in application proceedings in South African courts.

📖 Constitutional / Statutory Basis: Section 34 (access to courts)

Practical Example

In an urgent application to stop an illegal eviction, the applicant (tenant) is the deponent who signs the founding affidavit setting out the facts before a commissioner of oaths.

Frequently Asked Questions

Can an affidavit be made before any commissioner of oaths in South Africa?

Yes — any registered commissioner of oaths may attest an affidavit. Most attorneys, magistrates, and senior police officers are commissioners. Police stations and law firms are common places to have affidavits sworn.

What happens if an affidavit contains false information in South Africa?

A false affidavit exposes the deponent to criminal prosecution for perjury or making a false statement, and to civil consequences if the false affidavit was used to mislead a court. Courts can strike out affidavits containing dishonest statements and grant punitive costs.

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