Is it lawful to commission documents online or virtually? The short answer is yes, online commissioning is a valid way of administering an oath or affirmation. Traditionally, commissioning documents required parties to physically appear before a commissioner of oaths to swear or affirm the truthfulness of the contents of the document. However, virtual commissioning is a viable alternative in some jurisdictions, like South Africa, with technological improvements and the recognition of remote communication tools.

Unfortunately, we don’t currently commission documents online or virtually for clients.

Virtual commissioning allows individuals to swear or affirm documents virtually. They can do so using video call platforms without being physically present before a commissioner of oaths. This method offers increased ease of access for individuals who cannot appear in person due to travel constraints or other commitments.

In a recent South African judgment, ED Food v Africa’s Best Foods, the court found that virtual commissioning is permissible. It highlighted how courts should continue following the rules but encouraged them to adjust to new technologies. An important note to consider is accessibility. The court found in favour of commissioning documents online to promote accessibility in cases where the deponent cannot travel or there are strict time constraints.

Purpose of commissioning documents

The purpose of commissioning documents or affidavits is for a Commissioner of Oaths to verify the signer’s identity. The Commissioner also ensures the signer understands the contents of the document. The commissioner confirms the document was signed in their presence by adding the seal or signature. They also confirm that the signer freely executed it.

This process helps prevent fraud and ensures the document’s validity and reliability in legal proceedings.

Who can commission documents?

There are various people who can assist you with commissioning documents online, virtually or in person.

  • Police officers at a police station (like SAPS).
  • Practising attorney.
  • Advocate.
  • Notary.
  • Conveyancer.
  • A few other people.

The process of commissioning documents

  1. Finalise your document before commissioning it by a Commissioner.
  2. Meet the Commissioner in person or online.
  3. Identify yourself to the Commissioner before they administer the oath.
  4. The Commissioner will ask you questions.
    1. If you know and understand the contents of the declaration.
    2. If you have any objection to taking the prescribed oath.
    3. If you consider the prescribed oath to be binding on your conscience.
  5. If you answered ‘yes’ – the Commissioner will ask you to repeat these words: “I swear that the contents of this declaration are true, so help me God” or “I truly affirm that the contents of this declaration are true” if you do not want to make an oath.
  6. Finally, you and the Commissioner will initial the bottom of each page and on the last page you will fully sign and the Commissioner will add their seal.

Commissioning documents online or virtually requires electronic signatures which is the notable difference from commissioning in person.

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