1. The Minister of Justice has, with regards to the office of "ex officio commissioners of oaths", in terms of the Regulations Governing the Administering of an Oath or Affirmation, and as provided in Section 6 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act 16 of 1963), inter alia, designated the holders of the offices in the following categories to be commissioners of oaths:

Educational institutions:

  1. Independent school – Principal or Headmaster/Headmistress of an independent school;

  2. Schools, colleges of education established by or in terms of a law – Principal, Deputy Principal, Headmaster/Headmistress and Deputy Headmaster/Headmistress; and

  3. Educational auxiliary services and professional components – Incumbent of a post at post level 4 and higher.

Public service:

  1. Officers in the Administrative, Professional, Clerical, Technical or General A and General B Divisions of the Public Service occupying a post with a salary scale the minimum notch of which is equivalent to or higher than the minimum notch of salary level 2 applicable in the Public Service; and

  2. Employees held against posts in the Administrative, Professional, Clerical, Technical or General A and General B Divisions of the Public Service if the minimum notch of the salary scale applicable to such posts is equivalent to or higher than the minimum notch of salary level 2 applicable in the Public Service.
2. All Western Cape Education Department (WCED) officials are requested to acquaint themselves with the above policy and the powers and duties of a commissioner of oaths. Officials performing this function must do it diligently and in the prescribed manner.
2.1 Before a commissioner of oaths administers to any person the oath or affirmation prescribed, the commissioner shall ask the deponent:

  1. whether he/she knows and understands the contents of the declaration;

  2. whether he/she has any objection to taking the prescribed oath; and

  3. whether he/she considers the prescribed oath to be binding on his/her conscience.
2.2 If the deponent acknowledges that he/she knows and understands the contents of the declaration and informs the commissioner of oaths that he/she does not have any objection to taking the oath and that he/she considers it to be binding on his/her conscience, the commissioner of oaths shall administer the oath.
2.3 If the deponent acknowledges that he/she knows and understands the contents of the declaration but objects to taking the oath or informs the commissioner of oaths that he/she does not consider the oath to be binding on his/her conscience, the commissioner of oaths shall administer an affirmation (a formal declaration by a person who declines to take an oath).
2.4 The deponent shall sign the declaration in the presence of the commissioner of oaths.
2.5 If the deponent cannot write, he/she shall, in the presence of the commissioner of oaths, affix his/her mark at the foot of the declaration, provided that, if the commissioner of oaths has any doubt as to the deponent’s inability to write, it shall be required that such inability be certified at the foot of the declaration by some other trustworthy person.
2.6 Below the deponent’s signature or mark the commissioner of oaths shall certify that the deponent has acknowledged that he/she knows and understands the contents of the declaration and he/she shall state the manner, place and date of taking the declaration.
2.7 The commissioner of oaths shall:

  1. sign the declaration and print his/her full name and business address below his/her signature;

  2. state his/her designation and the area for which he/she holds his/her appointment or the office held by him/her if he/she holds his/her appointment as ex officio; and

  3. be impartial, unbiased and entirely independent of the office where the affidavit is drawn should he/she attest an affidavit.
2.8 A commissioner of oaths shall not charge any fee for administering any oath or affirmation or attesting any declaration.
2.9 A commissioner of oaths shall not administer an oath or affirmation relating to a matter in which he/she has an interest.

3. Kindly bring the content of this circular to the attention of all staff.


SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2014:12:02