Forms

Commissioners of Oaths

A Commissioner of Oaths can administer oaths or affirmations, sworn statements, take affidavits, and certify copies of original documents.

There are two (2) ways of being designated as Commissioners of Oaths in terms of the Justices of the Peace and Commissioners of Oaths Act, 1963:

1. Designation as a Commissioner of Oaths  in a personal capacity, which takes places through application on the relevant form to the relevant Magistrates’ Court and/ or contact the Director: Legal Services in your nearest Provincial Offices; and/ or

2. Designation as an ex officio Commissioner of Oaths, which means that an organisation, motivates why certain officers/ officials in its employ, would need to be appointed as Commissioners of Oaths by way of their Office. The motivation for designation as an ex officio Commissioner of Oaths must be submitted to: Ms Alice Mashava , Directorate: Judicial Planning and Support, Tel 012 357 8280, Email: AMashava@justice.gov.za.

They will draft a Notice to be published in the Government Gazette, which is then submitted to the Office of the Chief State Law Adviser to agree; where-after it is submitted to the Minister of Justice and Correctional Services via the Director-General of Justice and Constitutional Development, for consideration. After the Minister has signed the  draft Government Notice, it is then published in the Government Gazette.

Being an ex officio commissioner of oaths, is only for the period while you are in the specific post/capacity of the post. Therefore, as soon as you resign, retired or change careers, even only change branch of a company, you need to apply again.

Documents:

• Guideline on steps to follow when applying to become a Commissioner of Oaths in Gauteng [20 May 2021]

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Legislation and Notices

Designation of Commissioners of Oaths in terms of Section 6 of the Justices of the Peace and Commissioners of Oaths Act, 1963 - 10 July 1998. Powers regarding oaths outside the republic under section 8(1)(a).

Regulations governing the Administering of an Oath or Affirmation (GN R1258 in GG 3619 of 21 July 1972)

Notices:

• Justices of the Peace and Commissioners of Oaths Act, 1963 (16/1963): Designation of Commissioners of Oaths under section 6 of the Act, GG 53767, GoN 6896, 02 Dec 2025
• Justices of the Peace and Commissioners Oaths of Act: Designation of Commissioners of Oaths under section 6 of Justices of the Peace and Commissioners of Oaths Act, GG 53438, GoN 6682, 26 Sep 2025
• Criminal Procedure Act: Declaration of peace officers: Investigators for the investigating directorate, GG 49772, GoN 4115, 27 Nov 2023
• Criminal Procedure Act: Declaration of peace officers: Investigators for Investigating Directorate, GG 47669, RG 11516, GoN 2849, 9 Dec 2022
• Criminal Procedure Act: Declaration of Peace Officers Members of the Border Management Authority (Border Guards), GG 47634, RG 11514, GoN 2828, 2 Dec 2022
• Justices of the Peace and Commissioners of Oaths Act: Designation of Commissioners of Oaths, GG 42769, GoN 1321, 16 Oct 2019
• Criminal Procedure Act: Declaration of Peace Officers in terms of section 334 of the Act: Immigration Officers appointed in terms of section 33 (2) (b) of the Immigration Act, GG 42338, RG 10929, GoN 499, 29 Mar 2019
• Justices of the Peace and Commissioners of Oaths Act: Designation of commissioners of oaths, GG 40346, GoN 1255, 14 Oct 2016
• Criminal Procedure Act: Declaration of peace officers, GG 40294, RG 10640, GoN 1147, 23 Sep 2016
• Justices of the Peace and Commissioners of Oaths Act: Designation of commissioners of oaths, GG 39641, GoN 83, 29 Jan 2016
• Justices of the Peace and Commissioners of Oaths Act: Designation of commissioners of oaths, GG 39126, RG 10486, GoN 741, 21 Aug 2015
• Justices of the Peace and Commissioners of Oaths Act: Designation of commissioners of oaths, GG 38793, RG 10430, GoN 408, 15 May 2015
• Justices of the Peace and Commissioners of Oath Act: Designation of Commissioners of Oath, GG 38498, RG 10370, GoN 122, 23 Feb 2015
• Justices of the Peace and Commissioners of Oath Act: Designation of commissioners of Oath, GG 38498, RG 10370, GoN 121, 23 Feb 2015
• Justices of the Peace and Commissioners of Oaths Act: Designations of commissioners of oaths, GG 37980 RG 10262 GoN 700, 12 Sep 2014
• Justices of the Peace and Commissioners of Oaths Act: Designations of commissioners of oaths (G 37806 RG 10230 GoN 546, 11 Jul 2014)
• Justices of the Peace and Commissioners of Oaths Act: Amendment of Government Notice No. R903 of 10 July 1998 (G 37063 RG 10065 Gon 909, 29 Nov 2013)
• Justices of the Peace and Commissioners of Oaths Act: Designations of commissioners of oaths, (G 36708, RG 9996, GoN 542, 2 August 2013)
• Designation of Commissioners of Oaths in terms of Section 6 (GN 903 in GG 19033 of 10 July 1998)
  
• Powers regarding oaths outside the Republic under Section 8(1)(a) (GN R1872 in GG 7215 of 12 September 1980)
  
• Regulations governing the administering of an oath or affirmation (GN R1258 in GG 3619 of 21 July 1972)