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Affidavit Of Lost Document Form for South Africa

Affidavit Of Lost Document Form Template for South Africa

An Affidavit of Lost Document Form is a legally binding sworn statement used in South Africa to formally declare the loss of an important document. The affidavit must be executed before a Commissioner of Oaths in accordance with the Justice of the Peace and Commissioners of Oaths Act 16 of 1963. This document serves as an official record of the loss and includes detailed information about the lost document, circumstances of its loss, and steps taken to locate it. It is commonly used for replacing important documents such as identity documents, certificates, legal papers, or financial documents, and may be required by various institutions as part of their document replacement procedures.

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What is a Affidavit Of Lost Document Form?

The Affidavit of Lost Document Form is a crucial legal instrument in South African law, designed to address situations where important documents have been lost, stolen, or destroyed. This sworn statement is required by various institutions and authorities as the first step in document replacement procedures. The affidavit must comply with South African legal requirements, particularly the Justice of the Peace and Commissioners of Oaths Act 16 of 1963, and must be properly executed before an authorized Commissioner of Oaths. The document serves multiple purposes: it creates a legal record of the loss, protects the deponent from potential misuse of the lost document, and initiates the process for obtaining replacement documents. It's commonly used across various sectors and is particularly important in situations involving lost identification documents, educational certificates, financial documents, or legal papers.

What sections should be included in a Affidavit Of Lost Document Form?

1. Deponent Details: Full name, ID number, address, and occupation of the person making the affidavit

2. Document Description: Detailed description of the lost document including type, reference numbers, date of issue, issuing authority, and other identifying features

3. Circumstances of Loss: Detailed explanation of when and how the document was lost or destroyed, including last known location and date of discovery of loss

4. Steps Taken: Description of actions taken to locate the document and report its loss (e.g., police report, searches conducted)

5. Declaration of Truth: Formal statement confirming that all information provided is true and correct

6. Oath/Certification: Space for Commissioner of Oaths' details, signature, stamp, and date of commissioning

What sections are optional to include in a Affidavit Of Lost Document Form?

1. Police Case Reference: Include when a police report has been filed for the lost document, providing case number and station details

2. Previous Copies: Section detailing any previous copies or replacements that may have been issued, used when relevant

3. Supporting Witnesses: Details of witnesses who can corroborate circumstances of loss, if applicable

4. Usage History: Information about how the document was typically used and stored, relevant for important official documents

5. Security Concerns: Section addressing potential misuse of lost document, particularly important for identity documents or certificates

What schedules should be included in a Affidavit Of Lost Document Form?

1. Copy of Police Report: Certified copy of police report filed regarding the lost document, if applicable

2. Supporting Documentation: Copies of any documentation that proves the original existence of the lost document (e.g., certified copies, reference numbers)

3. Identification Annexure: Certified copy of the deponent's ID document or passport

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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Legal Services

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Relevant Roles

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