NATIONAL NEWS - South Africans could soon be able to have affidavits commissioned remotely and sign certain legal documents electronically, under proposed regulations aimed at modernising rules that have remained largely unchanged since 1972.
The Department of Justice and Constitutional Development published the draft Regulations Governing the Administering of an Oath or Affirmation on 31 July 2026.
If adopted, these regulations would recognise electronic signatures and allow commissioners of oaths to administer an oath or affirmation through audio-visual communication.
The changes could remove uncertainty about whether a person signing an affidavit and the commissioner of oaths must be physically present in the same place.
Under the proposed regulations, a commissioner would be able to administer an oath or affirmation remotely when a document is submitted electronically, including through an online portal or another legitimate electronic platform. An oath administered in this way would be regarded as valid as if the parties had been physically together.
The draft regulations also broaden the definition of signing to include an electronic signature consisting of a person’s initials or name, where it is intended to serve as a signature. They also make provision for advanced electronic signatures as recognised under the Electronic Communications and Transactions Act.
What could this mean for the public?
If the regulations are finalised, the changes could make everyday legal processes more accessible and convenient.
People living in rural areas, those with mobility challenges, small businesses and anyone needing to commission documents urgently could benefit from being able to complete the process without travelling to meet a commissioner in person.
The proposals follow efforts by LexisNexis South Africa to obtain greater legal clarity on whether existing rules allowed affidavits to be commissioned using digital tools.
The company’s chief executive, Ian Andrews, said the proposed regulations represented an important step towards bringing routine legal processes in line with the way people already communicate and conduct business.
He said people routinely bank, transact, work and communicate digitally, yet commissioning an affidavit could still require two people to be physically present at the same location.
Andrews said modernising the rules was not simply about introducing technology, but about reducing unnecessary administrative barriers while maintaining the safeguards needed to protect the integrity of sworn documents.
He added that remote commissioning could prevent people from having to travel long distances simply to appear before a commissioner when technology could be used to establish identity, administer the oath and create an appropriate record of the interaction.
The public comment period on the draft regulations closed on 13 August 2026. If finalised, the new regulations would repeal and replace the Regulations Governing the Administering of an Oath or Affirmation dating back to 1972.
Andrews said legislation needed to keep pace with changes in society while continuing to protect trust and accountability in legal processes.
The proposed regulations have not yet come into effect. Until they are finalised and implemented, the existing requirements remain applicable.
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