Commissioning Affidavits: Why Proper Procedure Matters

Remote signing may be convenient, but affidavit commissioning still has formal requirements.

The issue

The Pretoria High Court considered whether affidavits can be commissioned remotely, or whether they must still be signed in person before a Commissioner of Oaths.

What the court said

The court accepted that remote commissioning may be faster and better aligned with modern technology. However, the regulations require a deponent to sign the declaration in the presence of the Commissioner of Oaths.

Practical point

A party asking a court to depart from the ordinary rules must present compelling reasons. Without that, the safer approach is to sign the affidavit physically in front of the Commissioner.

Why it matters

Defective commissioning can create avoidable procedural problems. Until the rules are modernised, compliance remains important.