Every country has its own set of rules and regulations when it comes to taking oaths. In some cases, these rules may be quite straightforward, while in others they may be more complicated. This is especially true when it comes to oaths taken by government officials.
In this blog post, we will explore who qualifies as a commissioner of oaths in South Africa. We will also provide an overview of the process involved in taking an oath, as well as some tips on how you can ensure that your oath is taken properly.
Commissioner of oaths definition
The Commissioner of oaths is a statutory office in the Republic of South Africa that was created by the Constitution of South Africa, 1996. The office holder is responsible for administering oaths to public officials and members of the civil service.
Requirements for appointment to the office include being at least 18 years old and having a juris doctor degree. The commissioner must also be a qualified attorney or notary public.
Who qualifies as a commissioner of oaths
Commissioners of oaths are responsible for administering oaths in South Africa. To qualify, an individual must be a qualified attorney or a commissioned officer of the armed forces. Commissioners of oaths can also be appointed by the President.
Commissioner of oaths powers and duties
The Commissioner of oaths in South Africa has the following powers and duties:
1. To administer oaths, including oaths of affirmation and secrecy, to any person.
2. To make any order he or she considers necessary for the administration of oaths.
3. To appoint deputy commissioners of oaths, and to remove them from office on the recommendation of the commissioner.
4. To receive and handle complaints relating to oaths administered by him or her, and to take appropriate action in relation to such complaints.
5. To perform such other functions as are assigned to him or her by this Act or any other law.
Commissioner of oaths remuneration
Appointing and regulating commissioners of oaths is a responsibility that the Commissioner of Oaths has in South Africa. The commissioner must be:
a citizen of the Republic of South Africa;
a registered attorney; and
a member in good standing of the Chartered Institute of Legal Affairs (CILA).
Commissioner of oaths appointment
The Commissioner of oaths is a public official who is appointed by the President, with the advice and consent of the National Assembly. The commissioner is responsible for administering oaths of office to government officials and members of parliament. The commissioner also presides over court hearings where oaths are administered.
To qualify for appointment as a commissioner of oaths, an individual must have a degree in law from a recognized university. Additionally, the individual must be registered as a lawyer in South Africa. The commissioner must also have experience in administering oaths and presiding over court hearings.
The Oath of Office
The Oath of Office
South Africa has an oath of office for its commissioners of oaths, which states that the commissioner “will administer justice impartially and fairly.” The oath is administered to all new commission members, and former judges and magistrates who have retired from service are also required to take the oath. In order to qualify as a commissioner of oaths, one must have passed the South African Bar Examinations Board (SABEx) with a first class or higher diploma.
The Oath of Allegiance
The Oath of Allegiance is an oath which civil servants take upon appointment or induction into the South African public service. It stipulates that the individual swearing the oath “will bear true faith and allegiance to the Republic of South Africa, its Constitution and laws.”
In order for someone to be appointed or inducted as a commissioner of oaths, they must meet the following criteria:
-They must be a citizen of South Africa
-They must be at least 18 years old
-They must not have been convicted of a criminal offence which would disqualify them from holding a public office in terms of section 153(1) of the Constitution
-They must not be disqualified by any other law.
Commissioners of oaths are appointed on the recommendation of the National Assembly. As such, they are generally representatives from different sectors of society.
Commissioners of Oaths are people who have been appointed by the relevant authority to administer oaths and affirmations in civil proceedings. Commissioners of Oaths must be qualified citizens, lawyers or judges with a good reputation and experience in law administration. They must also be registered as attorneys at law with the South African Bar Association.