South Africans could soon find it easier to access everyday legal services, with proposed regulations paving the way for affidavits to be commissioned remotely and signed electronically, replacing rules that have governed oaths and affirmations for more than 50 years.
The Department of Justice and Constitutional Development published the draft Regulations Governing the Administering of an Oath or Affirmation on 31 July 2026. If finalised, the regulations would allow for electronic commissioning through audio-visual communication and recognise electronic signatures.
The proposed changes could remove uncertainty over whether a deponent and commissioner must be physically present together.
LexisNexis South Africa previously sought greater legal certainty on this issue through a High Court declarator application, aimed at clarifying whether existing rules allowed affidavits to be commissioned using digital tools.
Under the draft regulations, a commissioner would be permitted to administer an oath or affirmation through audio-visual communication where a document is submitted electronically, through an online portal or another legitimate electronic platform.
The regulations state that an oath administered when the parties are not physically together would be valid as though it had taken place in the physical presence of the commissioner.
LexisNexis South Africa CEO Ian Andrews said the proposal represents an important step towards aligning everyday legal processes with the way South Africans already live and conduct business.
“South Africans bank, transact, work and communicate digitally every day, yet something as routine as commissioning an affidavit can still depend on two people being physically present in the same place,” Andrews said.
“Modernising these rules is not about technology for technology’s sake. It is about removing unnecessary friction from the legal system while maintaining the safeguards that give sworn documents their integrity.”
The development follows LexisNexis South Africa’s efforts to obtain greater legal certainty around the use of digital processes for commissioning documents.
Andrews said the proposed regulations address many of the practical and legal uncertainties that prompted that action.
“This enables technology to improve access rather than simply digitise an outdated process,” he said.
“A person should not have to travel across a town, province or country simply to stand in front of a commissioner when technology can establish identity, enable the oath to be administered face-to-face and create an appropriate record of the interaction.”
The draft regulations also define signing to include an electronic signature consisting of a person’s initials or name, where intended to serve as a signature, as well as the use of a more advanced electronic signature as contemplated in the Electronic Communications and Transactions Act.
For ordinary South Africans, the change could make a practical difference, particularly for people in rural areas, those with mobility challenges, small businesses, and anyone who needs to commission documents urgently without unnecessary travel or administrative delays. Andrews added that this could substantially improve access to the law for all South Africans.
The public comment period came to an end on 13 August 2026. If finalised, the draft regulations would repeal and replace the Regulations Governing the Administering of an Oath or Affirmation of 1972.
“Rules written in 1972 cannot reasonably be expected to anticipate how South Africans would communicate and transact more than half a century later,” Andrews said. “The law must protect trust and accountability, but it must also remain relevant to the society it serves.”
