LexisNexis South Africa (Pty) Ltd v Minister of Justice and Correctional Services (2023-010096)
LexisNexis South Africa (Pty) Ltd v Minister of Justice and Correctional Services (2023-010096) [2024] ZAGPPHC 446; 2025 (2) SACR 36 (GP) (29 April 2024)
The court held that the phrase 'in the presence of' in Regulation 3 of the Regulations Governing the Administering of an Oath or Affirmation must be interpreted according to its ordinary grammatical meaning, which requires physical proximity between the deponent and the commissioner of oaths. The applicant's argument that the objectives of the Act and Regulations can be achieved by virtual means was found to be insufficient to override the clear wording of the Regulation. The court distinguished previous cases where affidavits commissioned virtually were admitted on the basis of substantial c…
Source excerpt
- Commissioner Of Oaths
- Remote Commissioning
- Interpretation Of Statutes
- Substantial Compliance
- Electronic Signatures