South Africa Seeks Public Input on New Oath Regulations

The provision could make the commissioning process more accessible when the deponent and commissioner are not in the same physical location.

South Africa's Department of Justice and Constitutional Development has invited members of the public and other interested parties to comment on draft regulations that could change how oaths and affirmations are administered, including allowing certain documents to be commissioned electronically through audio-visual communication.

The proposed regulations have been drafted under the Justices of the Peace and Commissioners of Oaths Act and are set to repeal and replace the existing Regulations Governing the Administering of an Oath or Affirmation, which date back to 1972. Written comments must reach the department by Monday, August 31, 2026.

Draft Rules Introduce Electronic Commissioning

The notable change appears in Part 5 of the draft regulations, which deals with electronic commissioning. Where a document requiring an oath or affirmation is submitted electronically, through an online portal or another legitimate electronic platform, a commissioner would be permitted to administer the oath or affirmation through audio-visual communication with the person signing the document.

The provision could make the commissioning process more accessible when the deponent and commissioner are not in the same physical location. The draft specifically states that an oath or affirmation administered remotely would be valid in the same way as one administered while both people are physically present.

Commissioners Must Verify Documents Signed Earlier

The regulations also address situations where a document has already been signed before the oath or affirmation takes place. In such cases, the commissioner would need to establish whether the person participating in the commissioning process is the individual who actually signed the document before proceeding with the oath or affirmation.

The proposed rules retain requirements around signing declarations in the commissioner's presence, subject to the electronic commissioning provisions. A deponent who cannot write may place a mark at the bottom of the declaration in the presence of the commissioner, while doubts about the person's inability to write would need to be certified by another trustworthy person.

Existing 1972 Regulations Set to Be Replaced

The draft represents an update to rules that have governed the administration of oaths and affirmations for more than five decades. Part 2 covers the administration of an oath or affirmation, while other sections deal with signing requirements and the circumstances in which electronic procedures can be used.

The introduction of remote commissioning is particularly significant as more legal, administrative and business documents are created, submitted and processed digitally, making rules around identity verification and the validity of remotely administered declarations increasingly relevant.

Public Comments Open Until August 31

Interested parties can submit written comments marked for the attention of Mr M Mokulubete. Submissions can be emailed to MMokulubete@justice.gov.za, posted to the Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001, or delivered by hand to the Momentum Building, 329 Pretorius Street, Pretoria.

The draft regulations were published in the Government Gazette on July 31, 2026. Those seeking additional information can contact Mokulubete on 012 406 4755 or 084 842 5780.