Virtual Commissioning of Affidavits: What the Proposed 2026 Regulations Mean

South Africa may soon move closer to allowing affidavits to be commissioned remotely. The Department of Justice and Constitutional Development has published draft regulations proposing changes to the way oaths and affirmations are administered. The proposed regulations would allow for the electronic commissioning of affidavits, including through live audio-visual communication where the deponent and Commissioner of Oaths are not physically together.

The draft regulations are currently open for public comment, with the closing date set for 31 August 2026.

Why is this change being proposed?

The proposed reform follows the Supreme Court of Appeal's decision in LexisNexis South Africa (Pty) Ltd v Minister of Justice and Constitutional Development [2025] ZASCA 181.

In that matter, the SCA confirmed that the existing regulations require the deponent and Commissioner of Oaths to be physically present together when an affidavit is commissioned. The Court held that expanding the existing regulations to accommodate virtual commissioning was a matter for regulatory reform rather than judicial interpretation.

The proposed regulations now seek to address this issue and bring the commissioning process in line with modern technology.

What could change?

If adopted, the new regulations would provide for affidavits to be commissioned through audio-visual communication. They also make provision for electronic signatures and safeguards aimed at verifying the identity of the deponent and ensuring the integrity of the commissioning process.

This could make the process more convenient, particularly for people who are unable to attend a Commissioner of Oaths in person, while potentially reducing travel, costs and administrative delays.

Is virtual commissioning currently legal?

Not yet.

The regulations are still in draft form and have not come into operation. Until the new regulations are formally adopted, the existing requirements for commissioning affidavits remain applicable.

It is therefore important not to assume that an affidavit commissioned entirely online will automatically be accepted by a court or other authority.

What does this mean for the public?

The proposed regulations represent an important step towards modernizing South Africa's legal processes and improving access to legal services. However, until they come into force, affidavits should continue to be commissioned in accordance with the requirements of the current law.

If you are unsure about the validity or commissioning requirements of an affidavit, obtaining legal advice before submitting the document can help avoid unnecessary delays or complications.

Rudolf Buys & Associates Attorneys assists clients with a range of legal matters, including advice relating to affidavits, court documents and legal proceedings.

This article is intended for general information purposes only and does not constitute legal advice. The law and proposed regulations are subject to change.