JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS

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JUSTICES OF THE PEACE AND COMMISSIONERS OF

OATHS
JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS ACT 16
OF 1963
[ASSENTED TO 9 MARCH 1963]

[DATE OF COMMENCEMENT: 1 DECEMBER 1964]

(English text signed by the State President)

as amended by
General Law Amendment Act 80 of 1964
Justices of the Peace and Commissioners of Oaths Amendment Act 8 of 1965
Justices of the Peace and Commissioners of Oaths Amendment Act 21 of 1967
Justices of the Peace and Commissioners of Oaths Amendment Act 55 of 1970
Parliamentary Service Act 33 of 1974
Justices of the Peace and Commissioners of Oaths Amendment Act 110 of 1984
Justices of the Peace and Commissioners of Oaths Amendment Act 36 of 1986
Transfer of Powers and Duties of the State President Act 97 of 1986
Justice Laws Rationalisation Act 18 of 1996
General Law Amendment Act 49 of 1996
Judicial Matters Amendment Act 26 of 1999
Regulations under this Act
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)

ACT
To consolidate and amend the laws relating to the appointment, powers and
duties of justices of the peace and commissioners of oaths, and to provide for
matters incidental thereto.

JUSTICES OF THE PEACE (ss 1-4)

1
......
[S. 1 repealed by s. 1 of Act 21 of 1967, inserted by s. 1 of Act 55 of 1970 and repealed
by s. 1 of Act 49 of 1996.]
2

Appointment of justices of the peace

(1) The Minister of Justice (hereinafter referred to as the Minister) or any officer of
the Department of Justice with the rank of director, or an equivalent or higher rank,
delegated thereto in writing by the Minister may, subject to the provisions of subsection
(2), appoint for any magisterial district so many justices of the peace as the Minister or
the delegated officer may deem fit.
[Sub-s. (1) substituted by s. 1 of Act 26 of 1999.]
(2) A member of a body referred to in section 2 of the Electoral Act, 1993 (Act 202 of
1993), shall not hold the office of justice of the peace.
[Sub-s. (2) amended by s. 4 of Act 18 of 1996.]

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(3) Any person who has been nominated as a candidate for the National Assembly,
the Senate or a provincial legislature contemplated in the Electoral Act, 1993 shall not,
while he is thus nominated, exercise or carry out any of the powers or duties attaching
to the office of justice of the peace and referred to in section 3.
[Sub-s. (3) amended by s. 4 of Act 18 of 1996.]
(4) Any justice of the peace appointed in terms of subsection (1) shall hold office
during the Minister's pleasure or until he is precluded by subsection (2) from holding
office as a justice of the peace.
[S. 2 amended by s. 1 of Act 8 of 1965 and by s. 2 of Act 21 of 1967 and substituted by
s. 1 of Act 36 of 1986.]

Powers and duties of justices of the peace

Any justice of the peace appointed under section 2 shall(a)
within the magisterial district for which he is appointed or is in terms
of the provisions of the Justices of the Peace and Commissioners of
Oaths Amendment Act, 1967, deemed to have been appointed,
possess all such powers and perform all such duties as, by any law in
force in such district, are conferred or imposed upon justices of the
peace;
(b)

carry out such instructions for the preservation of the peace and good
order in such magisterial district as he may receive from the
magistrate of that magisterial district;

(c)

render all assistance possible in suppressing disorder or disturbance

in such magisterial district,

and shall further have such other powers and perform such other duties as the Minister
may lawfully confer or impose upon him.
[S. 3 substituted by s. 3 of Act 21 of 1967.]

Ex officio justices of the peace

(1) The holder of any office specified in the First Schedule shall be a justice of the
peace for the Republic and shall possess all such powers and perform all such duties as
are conferred or imposed on justices of the peace by any law.
[S. 4 substituted by s. 43 of Act 80 of 1964.]

COMMISSIONER OF OATHS (ss 5-8)

5

Appointment of commissioners of oaths

(1) The Minister or any officer of the Department of Justice with the rank of director,
or an equivalent or higher rank, delegated thereto in writing by the Minister may appoint
any person as a commissioner of oaths for any area fixed by the Minister or the
delegated officer.
[Sub-s. (1) substituted by s. 2 of Act 26 of 1999.]
(2) Any commissioner of oaths so appointed shall hold office during the Minister's
pleasure.

Ex officio commissioners of oaths

The Minister may, by notice in the Gazette , designate the holder of any office as a
commissioner of oaths for any area specified in such notice, and may in like manner
withdraw or amend any such notice.

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Powers of commissioners of oaths

Any commissioner of oaths may, within the area for which he is a commissioner of
oaths, administer an oath or affirmation to or take a solemn or attested declaration from
any person: Provided that he shall not administer an oath or affirmation or take a
solemn or attested declaration in respect of any matter in relation to which he is in
terms of any regulation made under section ten prohibited from administering an oath or
affirmation or taking a solemn or attested declaration, or if he has reason to believe that
the person in question is unwilling to make an oath or affirmation or such a declaration.

Powers as to oaths outside the Republic

(1) (a) The Minister may, by notice in the Gazette , declare that the holder of any
office in any country outside the Republic shall in the country in which or at the place at
which he holds such office, have the powers conferred by section seven upon a
commissioner of oaths, and may in like manner withdraw or amend any such notice.
(b) Any person appointed as a commissioner of the Supreme Court of South Africa
shall for the purpose of the exercise of his powers or the performance of his duties as
such commissioner have, at any place outside the Republic, the powers conferred by
section seven upon a commissioner of oaths.
(2) If any person referred to in subsection (1) administers an oath or affirmation to
take a solemn or attested declaration from any person, he shall authenticate the
affidavit or declaration in question by affixing thereto the seal or impressing thereon the
stamp used by him in connection with his office or, if he possesses no such seal or
stamp, certifying thereon under his signature to that effect.
(3) Any affidavit, affirmation or solemn or attested declaration purporting to have
been made before a person referred to in subsection (1) and to be authenticated in
accordance with the provisions of subsection (2), may, on its mere production, be
admitted in evidence in any court or received in any public office.
(4) Any affidavit, affirmation or solemn or attested declaration made before a person
referred to in subsection (1) and authenticated in accordance with the provisions of
subsection (2), shall be as effectual as if made in the Republic before a commissioner of
oaths.
(5) Any court in the Republic shall have jurisdiction to try any person on a charge of
having contravened section nine in relation to any affidavit or declaration made outside
the Republic before a person referred to in subsection (1), and for all purposes incidental
to or consequential upon the trial of the offence, the offence shall be deemed to have
been committed within the area of jurisdiction of the court so trying any person.

GENERAL (ss 9-12)

9
Penalties for false statements in affidavits and certain other
declarations
Any person who, in an affidavit, affirmation or solemn or attested declaration made
before a person competent to administer an oath or affirmation or take the declaration in
question, has made a false statement knowing it to be false, shall be guilty of an offence
and liable upon conviction to the penalties prescribed by law for the offence of perjury.

10

Regulations

(1) The Minister may make regulations(a)

prescribing the matters in respect of which fees shall be payable to
justices of the peace appointed in terms of section two , and the
scale of such fees;

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(b)

prescribing the form and manner in which an oath or affirmation shall

be administered and a solemn or attested declaration shall be taken,
when not prescribed by any other law;

(c)

prescribing the circumstances under which commissioners of oaths

shall be prohibited from administering an oath or affirmation or
taking a solemn or attested declaration,

and generally for the better carrying out of the objects and purposes of this Act.
[Sub-s. (1) amended by s. 46 of Act 97 of 1986.]
(2) A differing scale of fees may in terms of paragraph (a) of subsection (1) be
prescribed in respect of different areas, and different regulations may in terms of
paragraph (c) of the said subsection be made in relation to different commissioners of
oaths or in relation to commissioners of oaths of different classes.

11

Repeal of laws

(1) Subject to the provisions of subsections (2) and (4), the laws specified in the
Second Schedule are hereby repealed to the extent set out in the third column of that
Schedule.
[Sub-s. (1) substituted by s. 4 (a) of Act 21 of 1967.]
(2) Any appointment made under or declared to remain in existence by any law
repealed by subsection (1), and any appointment equated by such law to an
appointment made thereunder, and anything done in connection with or by virtue of any
such appointment shall remain in full force and effect, and any condition or provision
which immediately before the commencement of this Act applied in relation to any
person by virtue of any such law, shall continue so to apply as if that law had not been
repealed.
(3) ......
[Sub-s. (3) deleted by s. 4 (b) of Act 21 of 1967.]
(4) Anything done under any provision of a law repealed by subsection (1), shall be
deemed to have been done under the corresponding provision of this Act, if any.

11A
......
[S. 11A inserted by s. 2 of Act 55 of 1970 and repealed by s. 1 of Act 49 of 1996.]
12

Short title

This Act shall be called the Justices of the Peace and Commissioners of Oaths Act,
1963, and shall come into operation on a date to be fixed by the State President by
proclamation in the Gazette .

First Schedule
OFFICES THE HOLDERS OF WHICH ARE EX OFFICIO JUSTICES OF THE
PEACE
[First Schedule amended by s. 44 of Act 80 of 1964, substituted by s. 5 of Act 21 of
1967 and amended by s. 3 of Act 55 of 1970, by s. 12 of Act 33 of 1974, by s. 1 of Act
110 of 1984, by s. 2 of Act 36 of 1986, by s. 4 of Act 18 of 1996 and by s. 8 of Act 104
of 1996.]
Any office mentioned in Column 2 of Schedule 1 to the Public Service Act, 1994
( Proclamation 103 of 1994 ), any office of Deputy Director-General, Chief Director,
Director, Deputy Director or Assistant Director of a department referred to in Column 1

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of that Schedule and any office in a department so referred to which corresponds with
any of the said offices.
Chief State Law Adviser, Deputy Chief State Law Adviser, Senior State Law Adviser and
State Law Adviser in the permanent service of the State.
Secretary, Deputy Secretary, Under Secretary or Assistant Secretary to Parliament and
the heads of the following sections, namelyLegislation and Proceedings;
Committees;
Hansard;
Administration;
Library.
Chief of the South African National Defence Force and Commissioned Officer of the
Permanent Force of the South African National Defence Force and, while he or she
renders any service, undergoes any training or performs any duty in pursuance of the
Defence Act, 1957 ( Act 44 of 1957 ), a commissioned officer of the part-time reserve
component of the South African National Defence Force.
Attorney-General, Deputy Attorney-General, Senior State Advocate and State Advocate.
Commissioned Officer of the South African Police Service.
Commissioned Officer of the Department of Correctional Services.
Registrar of any division of the Supreme Court of South Africa.
Magistrate, Additional Magistrate and Assistant Magistrate.

Second Schedule
LAWS REPEALED
NO AND YEAR OF LAW

SHORT TITLE

EXTENT OF REPEAL

Act 16 of 1914

Justices of the Peace and Oaths Act, 1914

The whole

Act 8 of 1931

Justices of the Peace and Oaths (Amendment) Act,

1931

The whole

Act 46 of 1935

General Law Amendment Act, 1935

Section eighty-two

Act 14 of 1939

Justices of the Peace and Oaths (Amendment) Act,

1939

The whole

Act 54 of 1949

General Law Amendment Act, 1949

Sections two and three

Act 32 of 1952

General Law Amendment Act, 1952

Section five

Act 21 of 1953

Justices of the Peace and Oaths Amendment Act,

1953

The whole

Act 68 of 1957

General Law Amendment Act, 1957

Sections twenty-two to
twenty-five , inclusive

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JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS

AMENDMENT ACT 8 OF 1965
[ASSENTED TO 1 MARCH 1965]

[DATE OF COMMENCEMENT: 10 MARCH 1965]

(English text signed by the State President)

ACT
To amend the Justices of the Peace and Commissioners of Oaths Act, 1963.
1
Amends section 2 of the Justices of the Peace and Commissioners of Oaths Act 16
of 1963 .
2
Short title
This Act shall be called the Justices of the Peace and Commissioners of Oaths
Amendment Act, 1965.

JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS

AMENDMENT ACT 21 OF 1967
[ASSENTED TO 24 FEBRUARY 1967]

[DATE OF COMMENCEMENT: 8 MARCH 1967]

(Afrikaans text signed by the State President)

ACT
To repeal section 1 of the Justices of the Peace and Commissioners of Oaths
Act, 1963; to amend section 2 of that Act in order to provide that justices of the
peace be appointed for magisterial districts and not for wards; to amend
section 3 of that Act in order to exclude the powers and duties of field-cornets
and assistant field-cornets from the powers and duties of justices of the peace;
to substitute the First Schedule to that Act in order to extend the offices, the
holders of which are ex officio justices of the peace; to repeal certain laws; and
to provide for matters incidental thereto.
1
Repeals section 1 of the Justices of the Peace and Commissioners of Oaths Act 16 of
1963 .
2
Amends section 2 of the Justices of the Peace and Commissioners of Oaths Act 16
of 1963 .
3
Substitutes section 3 of the Justices of the Peace and Commissioners of Oaths Act
16 of 1963 .
4
Amends section 11 of the Justices of the Peace and Commissioners of Oaths Act 16
of 1963 .
5
Substitutes the First Schedule to the Justices of the Peace and Commissioners of
Oaths Act 16 of 1963 .
6
Justices of the Peace appointed for a ward deemed to be appointed for
magisterial district in which ward is situated
Any justice of the peace appointed or deemed to have been appointed under the
provisions of the principal Act shall, as from the commencement of this Act, be deemed
to have been appointed as justice of the peace for the magisterial district in which the
ward for which he has been or is deemed to have been so appointed, is situated.
7
Repeal of laws

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The Ordinance for creating Justices of the Peace in this Colony, 1827, (Ordinance 32
of 1827 of the Cape), the Ordinance for regulating the duties and remuneration of Fieldcornets, 1848 (Ordinance 9 of 1848 of the Cape), the Ordinance for creating Justices of
the Peace within the District of Natal, 1846 (Ordinance 6 of 1846 of Natal), The Justices
of the Peace Ordinance, 1902 (Ordinance 6 of 1902 of the Orange Free State), and the
resolution of the 1st December, 1898, article 1870, of the 'Eerste Volksraad' of Transvaal
are, in so far as those Ordinances and resolution are unrepealed, hereby repealed.
8
Short title
This Act shall be called the Justices of the Peace and Commissioners of Oaths
Amendment Act, 1967.

JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS

AMENDMENT ACT 55 OF 1970
[ASSENTED TO 15 SEPTEMBER 1970]

[DATE OF COMMENCEMENT: 21 JULY 1972]

(Afrikaans text signed by the State President)

as amended by
Justice Laws Rationalisation Act 18 of 1996
General Law Amendment Act 49 of 1996
ACT
To amend the Justices of the Peace and Commissioners of Oaths Act, 1963, so
as to apply that Act to the territory of South-West Africa; and to provide for
incidental matters.
1 and 2
Insert respectively sections 1 and 11A in the Justices of the Peace and
Commissioners of the Oaths Act 16 of 1963 .
3
Amends the First Schedule to the Justices of the Peace and Commissioners of Oaths
Act 16 of 1963 by adding the words 'Chief Native Commissioner, Assistant Chief Native
Commissioner, Native Commissioner, Additional Native Commissioner and Assistant
Native Commissioner'.
4

......
[S. 4 repealed by s. 1 of Act 49 of 1996.]

Short title and commencement

This Act shall be called the Justices of the Peace and Commissioners of Oaths
Amendment Act, 1970, and shall come into operation on a date to be fixed by the State
President by proclamation in the Gazette .
Schedule
[Schedule repealed by s. 1 of Act 49 of 1996.]

JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS

AMENDMENT ACT 110 OF 1984
[ASSENTED TO 12 JULY 1984]

[DATE OF COMMENCEMENT: 15 AUGUST 1984]

(English text signed by the State President)

ACT
To amend the Justices of the Peace and Commissioners of Oaths Act, 1963, so
as to alter the references to the heads of the respective sections of the staff of

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Parliament in accordance with the new designation of those sections.

1
Amends the First Schedule to the Justices of the Peace and Commissioners of Oaths
Act 16 of 1963 by substituting the third item.
2
Short title
This Act shall be called the Justices of the Peace and Commissioners of Oaths and
Amendment Act, 1984.

JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS

AMENDMENT ACT 36 OF 1986
[ASSENTED TO 9 APRIL 1986]

[DATE OF COMMENCEMENT: 23 APRIL 1986]

(English text signed by the State President)

ACT
To amend the Justices of the Peace and Commissioners of Oaths Act, 1963, so
as to exclude the members of certain bodies from the Office of justice of the
peace; to alter the references in the First Schedule to the Act to certain offices
in accordance with the new designations of those offices; and to include certain
other offices in that Schedule; and to make provision for matters connected
therewith.
1
Substitutes section 2 of the Justices of the Peace and Commissioners of Oaths Act
16 of 1963 .
2
Amends the First Schedule to the Justices of the Peace and Commissioners of Oaths
Act 16 of 1963 , as follows: paragraph (a) substitutes the first paragraph; and
paragraph (b) substitutes the second paragraph.
3
Power to complete certain proceedings
Any person who has been duly appointed as a justice of the peace but who by virtue
of the provisions of this Act becomes incompetent, as from the date of commencement
of those provisions, to hold the office of justice of the peace, shall notwithstanding that
fact remain competent to complete any proceedings in which he took part as a justice of
the peace immediately prior to that date and which have at that date not been
completed.
4
Short title
This Act shall be called the Justices of the Peace and Commissioners of Oaths
Amendment Act, 1986.
2005 Juta and Company, Ltd.

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