A convenient time to again have a look at the administering of an oath or affirmation

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By Brig Dirk Lambrechts

A reader wants to know whether the widely publicised “crime prevention wardens” of Premier Panyaza Lesufi of Gauteng, are commissioners of oaths. The reader further wants to know about which other occupational groups qualify to be commissioners of oaths and what the exact process entails.

Our reader’s questions will be answered by first referring to a more recent judgment, namely S v Beja and Maseti, Case No CC 18/2021 in the Cape Town High Court dated 19 May 2023 (WCC), where the State/prosecution made an opposed application for the impeachment* of a State witness.

In paragraph [6] of this judgment supra, the High Court in Cape Town remarked, inter alia, as follows:

“[6] [Const Sibusisio] Manqindi said although he was in the meeting, he did not pay attention to what was being said as he stood by the window and looked outside. He was however present in the room during the interview and saw the discussion between [Detective Mpendulo] Tyali and Tofile, but did not listen to what was actually being said. The State case was that the date stamps and commissioner’s stamp were not in the room. The statement was given to [Const] Manqindi to commission.


[This is only an extract of an article that is published in Servamus: April 2024. This article is available for purchase.]

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