top of page

THE

BEECHAMBER

Asset 4.png

NEWS

COMMISSIONER OF OATHS

Writer's picture: Newsletter EditorNewsletter Editor

A B-BBEE Sworn Affidavit cannot be commissioned by a Commissioner of Oaths who is connected to the deponent, such as the Financial Director of ABC Traders. According to the Justices of the Peace and Commissioners of Oaths Act, a Commissioner of Oaths must be independent and impartial, which is not the case when a company's own director commissions the affidavit. This creates a conflict of interest and could render the affidavit invalid or questionable. To ensure validity and compliance with B-BBEE regulations, it is recommended that an independent Commissioner of Oaths with no connection to the company or its directors be sought to commission the affidavit.

Q | Can a B-BBEE Sworn Affidavit be commissioned by a Commissioner of Oaths connected to the deponent that is an EME or QSE with more than 51% ‘Black’ Ownership? For example, ABC Traders’ Financial Director is a Commissioner of Oaths; can that person commission its affidavit?


A | Commissioner of Oaths must be independent as per the Justices of the Peace and Commissioners of Oath Act. Therefore, ABC Traders may not have its Financial Director commission their Sworn Affidavit.


B-BBEE Verification Services are available to assist members to ensure that they understand the requirements for Valid Sworn Affidavits.

bottom of page