Commissioner of Oaths: Founding Affidavit Contents

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Questions and Answers

What is the main purpose of including the locus standi in the founding affidavit?

To establish the legal capacity of the respondent

To prove the jurisdiction of the court

To show that the applicant has the necessary standing to bring the claim (correct)

To provide evidence of the cause of action

What is the significance of stating the legal capacity of the applicant in the founding affidavit?

It is only necessary when the applicant is a child

It is only necessary when the applicant is a company

It is not necessary in modern legal proceedings

It is necessary to show that the applicant has the necessary authority to bring the claim (correct)

How should a child who is acting in their own capacity be cited in the founding affidavit?

As the plaintiff, without any reference to their guardian

As the plaintiff, duly assisted by their guardian (correct)

As the respondent, with a reference to their guardian

As the plaintiff, with a reference to their guardian as a witness

What is the purpose of including the jurisdictional facts in the founding affidavit?

To show that the respondent resides in the jurisdiction of the court Signup and view all the answers

What is the significance of stating the full names and addresses of the parties in the founding affidavit?

It is necessary to establish the locus standi of the applicant Signup and view all the answers

How should a deceased estate be cited in the founding affidavit?

As the plaintiff, in the capacity of the executor Signup and view all the answers

What is the purpose of the first and second paragraphs of the founding affidavit?

To establish the locus standi of the applicant Signup and view all the answers

What is the significance of including the defendant's details in the founding affidavit?

It is necessary to establish the jurisdiction of the court Signup and view all the answers

What must be included in the founding affidavit for an urgent application?

The grounds of urgency Signup and view all the answers

What is the purpose of a verifying affidavit?

To provide evidence of which the deponent does not have firsthand knowledge Signup and view all the answers

What is the rule regarding hearsay evidence in affidavits?

Hearsay evidence is never admissible Signup and view all the answers

What is the consequence of including inadmissible new matter in a replying affidavit?

The applicant's case stands and falls by the statements in the founding affidavit Signup and view all the answers

What is the purpose of the founding affidavit in an application?

To set out the grounds for relief Signup and view all the answers

What is the rule regarding privileged communications in affidavits?

Privileged communications are never admissible Signup and view all the answers

What is the purpose of including scandalous or vexatious matter in an affidavit?

To harass or annoy the opposing party Signup and view all the answers

What is the result of including irrelevant matter in an affidavit?

The irrelevant matter will be ignored Signup and view all the answers

What is the primary purpose of issuing a notice of motion?

To summon the respondent to answer to the applicant’s claim Signup and view all the answers

Which principle states that a person affected by an application should be given the opportunity to present their case?

Audi alteram partem Signup and view all the answers

Under what circumstances can an ex parte application be made?

When the interests of other parties are unaffected or notice cannot be given Signup and view all the answers

Which element is NOT a typical content of a notice of motion?

Detailed argument of the applicant's case Signup and view all the answers

What is the role of the commissioner of oaths regarding affidavits?

Witnessing the signing of the affidavit by the deponent Signup and view all the answers

What information must the deponent acknowledge before the commissioner of oaths when signing an affidavit?

Their understanding and acceptance of the affidavit’s contents and the oath's binding nature Signup and view all the answers

How is an affidavit typically structured?

Divided into numbered paragraphs, each containing a separate averment Signup and view all the answers

Which of the following best describes an ex parte application?

An urgent application done without notifying the respondent under specific circumstances Signup and view all the answers

Study Notes

Founding Affidavit Contents

Locus Standi: Full names and addresses of the applicant and respondent must be included.
Example for companies: "The plaintiff is ABC Pty (Ltd), a company duly registered according to the laws of the RSA with headquarters at xxxx Johannesburg, Gauteng."
Example for deceased estates: "The plaintiff is Joseph Gumede N.O. in his capacity as executor in the estate of the late James Gumede No 01/2020."

Legal Capacity

The legal capacity of the applicant must be demonstrated in the affidavit.
A child assisted by a guardian should identify both the guardian and the child in legal documents.
Example: "The plaintiff is John Smith, a pre-school child, assisted by his father Peter Smith, an adult male plumber."

Jurisdiction

Sufficient facts must be included to establish the court’s jurisdiction.
Jurisdiction may be based on the respondent's residence or where the cause of action arose.

Urgency

If an application is urgent, grounds of urgency need to be clearly stated.
Reference to relevant Magistrates Courts rules or High Court Rules is essential.

Grounds for Relief

The affidavit must disclose and prove a cause of action with sufficient facts.
It contains pleadings outlining the cause and evidence supporting it.

Inadmissible Evidence in Affidavits

Hearsay evidence is not allowed unless validated by a supporting affidavit.
Privileged communications are inadmissible.
Scandalous and vexatious matter, irrelevant matter, and inadmissible new matter are not permitted.

Ex Parte vs On Notice Applications

Applications affecting others should provide notice to allow them to present their case (audi alteram partem).
Ex parte applications occur in cases where notice may not be given or compelling reasons exist.

Notice of Motion

A notice of motion announces an application to court, similar to a summons.
It includes addresses for parties, time limits for response, and the relief sought.

Affidavit Format and Content

An affidavit is a sworn statement signed before a commissioner of oaths.
Each affidavit consists of numbered paragraphs for separate statements.
It requires signatures from both the deponent and the commissioner of oaths, following the administration of the oath.

Documentation Example

The format of an affidavit begins with the deponent's identity and a declaration under oath.
A formal closing statement includes the date and acknowledgment of the contents by the deponent.

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Description

This quiz covers the essential details required in a founding affidavit, including locus standi, for a Commissioner of Oaths. Learn about the necessary information for the applicant and respondent.