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Declaration Letter Template for South Africa

A Declaration Letter is a formal written statement made under oath in accordance with South African law, particularly governed by the Justice of the Peace and Commissioners of Oaths Act. The document serves as a legally binding statement where an individual or organization formally declares specific facts, circumstances, or intentions to be true. It must be signed in the presence of a Commissioner of Oaths and carries legal weight in various proceedings, from administrative matters to court cases. The document's format and execution must comply with South African legal requirements to ensure its validity and admissibility as evidence.

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What is a Declaration Letter?

The Declaration Letter is a fundamental legal document in South African law that serves as a formal statement of facts or circumstances, made under oath or affirmation. This document type is commonly used when an individual or organization needs to officially confirm information, make formal statements, or provide evidence for legal, administrative, or business purposes. The Declaration Letter must be executed in compliance with the Justice of the Peace and Commissioners of Oaths Act 16 of 1963, requiring authentication by a Commissioner of Oaths. It can be used in various contexts, from confirming employment details to supporting legal proceedings, and making formal statements for government departments or regulatory bodies. The document carries significant legal weight, and false declarations can result in criminal penalties under South African law.

What sections should be included in a Declaration Letter?

1. Letter Header: Contains date, reference number, and address details of both the declarant and recipient (if applicable)

2. Declaration Opening: Formal opening stating the declarant's full details (full name, ID number, address) and capacity in which they're making the declaration

3. Purpose Statement: Clear statement of why the declaration is being made and its intended use

4. Facts Declaration: The main body containing the specific statements or facts being declared, presented in clear, numbered paragraphs

5. Truth Attestation: Standard clause confirming that the declarations made are true and correct

6. Signature Block: Space for declarant's signature, date, and commissioner of oaths' details and stamp

What sections are optional to include in a Declaration Letter?

1. Witness Statement: Required when the declaration needs independent verification of facts or events

2. Supporting Reference: Used when the declaration refers to specific documents, contracts, or events that need to be referenced

3. Legal Consequences: Added when there's a need to acknowledge understanding of legal implications of making false declarations

4. Confidentiality Statement: Included when the declaration contains sensitive or confidential information

5. Translation Certificate: Required when the declaration is being translated from another language or needs to be used in multiple languages

What schedules should be included in a Declaration Letter?

1. Supporting Documents: Copies of relevant documents referenced in the declaration (e.g., ID documents, certificates)

2. Photo Attachments: When visual evidence needs to be included as part of the declaration

3. List of Referenced Facts: Detailed list of facts or events when the main declaration needs to remain concise

4. Document Copies: Certified copies of original documents being declared about

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Publisher

黑料视频

Document Type

Declaration Form

Cost

Free to use

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