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The Commissioner of Oaths signs statements with full names, office, station address, and agency, but errors occur with inconsistent dates and duplicate signatures in Pretoria and Cape Town.
“They sign their full names, their office, the address of where they are stationed and the agency for which they work... ...typical error of being signed both at Pretoria and Cape Town. It is consistent, that error, through all of them.”
Adv Sello SC states that when Colonel Padayachee signs an affidavit before a Commissioner of Oaths, he must know and take ownership of the facts therein, including the charge sheet; therefore, he cannot excuse ignorance on the basis that the charge sheet was drafted by a prosecutor.
“when you sign and stand before a Commissioner of Oaths, you represent that you know, and these are facts that are within your personal knowledge, you take ownership... You are responsible for this affidavit. You represent it to a court that this is your affidavit. It contains your truth... You cannot be excused on the basis that it is drafted by a prosecutor”
The affidavit was commissioned and dated 5 July 2026 and that is the official stamp of the Commissioner of Oaths.
“I notice the date of commissioning is 5 July 2026, according to the stamp ... It is dated and stamped by the Commissioner yesterday”
An affidavit by Sergeant Ndlela was sworn before a Commissioner of Oaths at Diepkloof on 8 July 2025, but there is a discrepancy as to the official address of the Commissioner raising doubts about the proper administration of the oath.
“The juried records that the statement was sworn before Commissioner of Oaths at Diepkloof on the 8th of July, 2025 at 6h00. However, details appearing beneath the signature of oath reflect that the official's business address record as Headquarters 284 Pretoria Street, Pretoria, AAT. It therefore appears to indicate that it was sworn at Diepkloof while the Commissioner of Oaths details appeared to be documented at SAPS Headquarters in Pretoria. I do not know under what circumstances the affidavit was commissioned or whether the Commissioner of Oaths was physically present at the location stated in the...”