South Africans could soon be able to commission affidavits – and potentially other documents requiring an oath or affirmation – remotely after Minister of Justice and Constitutional Development Mmamaloko Kubayi approved draft regulations that would permit electronic commissioning through live audiovisual technology.
The Minister’s spokesperson, Palesa Rammitlwa, confirmed to Moonstone on 17 July 2026 that the draft regulations will be published for public comment by August this year, with implementation anticipated in December.
The proposed amendments would create a regulatory framework for the electronic commissioning of documents while modernising a process that has remained largely unchanged for more than 50 years.
Among other things, the amendments would allow the remote commissioning of affidavits through live audiovisual communication technology “to improve access to services while maintaining the integrity of the process”, said Rammitlwa.
Affidavits are used extensively across the legal system and in the financial services sector. The proposed changes could make it easier for individuals and businesses to complete these formalities without having to appear physically before a commissioner of oaths.
Steven Tallant, the chief executive of Videosign, the world’s first combined meeting and signing platform, welcomed the Department of Justice’s response to developing technologies and looked forward to receiving the draft regulations and supporting the initiative.
Having invested extensively in digital signing linked to secure, auditable, online meeting rooms, Tallant said Videosign is well placed to offer signing and meeting solutions.
“More specifically for affidavits and related documentation, Videosign offers advanced electronic signatures, the highest-weighted identity-validated digital signatures in South Africa as defined by the Electronic Communications and Transactions Act.”
A highly secure digital space with the ability to record oath-taking proceedings and confirm that the deponent is not experiencing any type of duress is critical. “Videosign has this functionality, which is enhanced with identity verification via facial recognition and various AI support tools,” Tallant said.
Physical presence remains the default position
The proposed reforms come against the backdrop of a Supreme Court of Appeal (SCA) judgment handed down in December last year.
In LexisNexis South Africa (Pty) Ltd v Minister of Justice and Constitutional Development, the SCA dismissed an appeal by LexisNexis South Africa, which had sought a declaratory order that the existing regulations should be interpreted to permit affidavits to be commissioned through live audiovisual communication.
The case centred on regulation 3 of the Regulations Governing the Administering of an Oath or Affirmation, promulgated under the Justices of the Peace and Commissioners of Oaths Act. The regulation requires a deponent to sign a declaration “in the presence of” a commissioner of oaths. LexisNexis argued that advances in technology justified interpreting those words to include simultaneous audio and visual communication.
The company told the Court it had developed a secure web-based platform that enables documents to be signed electronically through a system linking the deponent and commissioner of oaths, offering what it regarded as a viable alternative to physical commissioning.
The SCA, however, held that LexisNexis had not met the requirements for declaratory relief.
A matter for the executive
In its judgment, the Court observed that the continued requirement for a deponent to be physically present before a commissioner of oaths “may well be” out of step with modern technology. However, it held that introducing a new system for remote commissioning would involve policy, technical, and practical considerations that fall within the Minister’s regulation-making powers rather than the courts’ interpretative function.
The SCA noted that an affidavit stands as evidence before a court. Any alternative method of administering an oath would therefore have to provide the same assurance as an oath administered in the physical presence of a commissioner of oaths.
Accordingly, the SCA dismissed the appeal.
Asked whether the proposed amendments were being developed in response to the judgment, the Department declined to comment on the merits of the case, noting that the appeal had been dismissed.
Rammitlwa added that the Minister is empowered by law to regulate the administration of oaths and affirmations, and the proposed regulations seek to provide a clear framework for the electronic commissioning of oaths, “which was one of the key issues considered by the Court”.
Note: The Moonstone Group is a significant investor in Videosign.
