Pretoria: The Department of Justice and Constitutional Development is seeking public feedback on the newly drafted regulations under the Justices of the Peace and Commissioners of Oaths Act. These proposed regulations are set to repeal and replace the existing 1972 regulations governing the administration of oaths or affirmations.
According to South African Government News Agency, a significant aspect of the draft is Part 5, which addresses electronic commissioning. It allows for documents requiring an oath or affirmation to be submitted electronically. The regulations state that the commissioner may conduct the oath or affirmation through audio-visual communication with the document signer. If the document was signed before the oath or affirmation, the commissioner must verify the signer's identity before proceeding.
The draft regulations further clarify that administering an oath or affirmation remotely is as valid as doing so in person. Conversely, Part 4 specifies that declarations must be signed in the commissioner's presence, with provisions for deponents who cannot write. In such cases, a mark must be affixed in the commissioner's presence, and any doubts about writing abilities must be certified by a trustworthy witness.
Part 2 of the document elaborates on the procedures for administering oaths or affirmations. The public is encouraged to submit comments by Monday, 31 August 2026. Submissions should be addressed to Mr. M Mokulubete and can be sent via post, hand-delivered, or emailed to the Department of Justice and Constitutional Development in Pretoria.