Glossary

Affidavit

A formal written statement of facts sworn on the Bible, or affirmed, for use in court as evidence.

Affirm

Instead of swearing on the Bible, a person can affirm the truth of their statement. Affirming has the same legal strength as swearing.

Annexure/attachment

A document that is mentioned in and accompanies a declaration or affidavit. Must have an exhibit note written on it.

Attachment/annexure

A document that is mentioned in and accompanies a declaration or affidavit. Must have an exhibit note written on it.

Applicant

Person applying to court to ask it to do something. For example, the person asking the court to order a dissolution of marriage or civil union.

Attest

To certify the validity of something, to confirm that something is true.

Attestation clause

The part where the JP who is certifying the validity of a declaration or signature signs.

Certify

To attest to the validity of something, to confirm that something is true.

Declaration

A formal statement in writing that a person declares to be the truth using the wording in Schedule 2 of the Oaths and Declarations Act 1957.

Deed

A formal document of private arrangement between people (for example, a contract, agreement or transfer) that is signed in front of a JP.

Deponent

Person making and swearing or affirming the truth of the written statement in an affidavit which is used in court as evidence.

Enactment

A piece of legislation. Also known as a statute.

Execution

Making a document come into force by signing it.

Exhibit note

A note the JP writes on an attachment/annexure to say that it is the actual one that was mentioned in the declaration or affidavit.

Ex-Officio

“As a result of the official position somebody holds”. Mayors and district court judges (among others) are JPs ex-officio.

Joint

Describes a declaration or affidavit that is made by two or more people. Although the document is a joint statement, they each must declare, swear or affirm it separately.

Judicial

Duties a JP can do following significant extra training. Includes sitting on the bench in court, and issuing search warrants. See s3B(1) JP Act.

Jurat

A closing statement on an affidavit, giving details of the parties to it, the witnesses, and the place and time of signing.

Jurisdiction

The range of authority to which a certain position extends.

Ministerial

The tasks a JP can do once sworn in. Includes taking declarations under the Oaths and Declarations Act 1957.

Oath

A formal pledge to do something, such as tell the truth in a court of law.

Party

One person or group in a situation where there are multiple persons or groups, for example, a contract or dispute.

Pecuniary

Monetary.

Respondent

Person named or included in an application to court (see Applicant). For example, the person an applicant for dissolution of marriage or civil union wants to be divorced from.

Severally

To do the same thing one at a time. For example, when signing a joint declaration each person declares its truth severally, that is, separately by taking turns.

Swear

To promise something very solemnly. To declare solemnly that what is said is true.

Witness

To sign a document to attest that another signature is genuine.