The Department of Justice and Constitutional Development is calling on interested parties to submit written comments on the draft Regulations made under the Justices of the Peace and Commissioners of Oaths Act.
The draft Regulations will repeal and replace the current Regulations Governing the Administering of an Oath or Affirmation, 1972.
Part 5 of the regulations speaks to electronic commissioning.
“If any document that requires to be made under oath or affirmation is submitted electronically or through the online portal or any other legitimate electronic platform, the commissioner may administer the oath or affirmation, as prescribed by regulation 2, through an audio-visual communication with the person required to sign the document,” the regulations note.
Additionally, if that document was signed before the oath or affirmation is administered, the commissioner must ascertain if the deponent is the person who signed the document, and if so satisfied, the commissioner may administer the oath or affirmation as prescribed by regulation.
Part 5 further states that for the purposes of this regulation, “the administering of the oath or affirmation by the commissioner in an instance where the deponent is not in the physical presence of the commissioner is in all respects valid as if it was administered in the physical presence of the commissioner.”
However, Part 4 of the regulations, which speaks to the signing of the declaration, states that subject to regulation 5, the deponent must sign the declaration in the presence of the commissioner.
“If the deponent cannot write, the deponent must, subject to regulation 5, in the presence of the commissioner affix a mark at the foot of the declaration. If the commissioner has any doubt as to the deponent’s inability to write, the commissioner must cause such inability to be certified at the foot of the declaration by some other trustworthy person.”
Part 2 of the document speaks to the administration of an oath or affirmation.
The comments must be submitted not later than Monday, 31 August 2026, marked for the attention of Mr M Mokulubete, and:
(a) if they are forwarded by post, be addressed to The Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001
(b) if they are delivered by hand, be delivered at The Department of Justice and Constitutional Development, Momentum Building, 329 Pretorius Street, Pretoria
(c) if they are delivered by email, be emailed to MMokulubete@justice.gov.za.
The regulations were published in the Government Gazette dated 31 July 2026 and can be accessed here: https://www.justice.gov.za/legislation/invitations/20260731-gg5507555075gon7746-Oaths-Draft-Regulations.pdf
For more information, please contact Mr M Mokulubete on 012 406 4755 / 084 842 5780. -SAnews.gov.za
