What are the requirements to become a commissioner of oaths?
Certain People are designated as Commissioners of Oaths by virtue of their office.
That is through the legislation governing each particular office.
A commissioner of oaths is entitled to administer an oath and is the person before whom members of the public must sign an affidavit.
The following persons are among those who are qualified to act as commissioners of oaths for as long as they occupy the following positions:
An advocate;
An attorney or chartered accountant;
The manager of a branch of a bank;
The principal, headmaster or headmistress of a school;
A South African National Defence Force officer of the rank of captain or adjutant of a unit or higher;
The medical superintendent, secretary, matron or nursing sister of a government-subsidised hospital;
The manager and superintendent of a private hospital;
Any assistant manager or other official of higher rank or the legal adviser of a registered insurance company;
The secretary, assistant secretary and designated agent of a registered bargaining councils;
A member of parliament (mp);
Any person appointed to act as a marriage officer;
An organiser in the full-time employment of a registered political party;
Certain post office employees;
All members of the police service, including temporary members and members of the police reserve when on duty;
All members of the Department of Correctional Services of the rank of sergeant or higher; and
The rector, vice-rector, chancellor, vice-chancellor, deputy vice-chancellor, principal, vice-principal, accountant, registrar, deputy registrar, assistant registrar, director, deputy director and faculty secretary of a university.
Only the more commonly encountered commissioners of oaths have been listed here - there are many other office-bearers, especially government officials, who are commissioners of oaths. Before administering an oath, a commissioner will ask you whether you:
Know and understand the contents of the declaration (the affidavit);
Object to taking the prescribed oath;
Consider the prescribed oath to be binding on your conscience.
If you acknowledge that you know and understand the declaration and inform the commissioner that you have no objection to taking the oath and that you consider the oath to be binding on your conscience, the commissioner will ask you to say: I swear that the contents of this declaration are true, so help me God'.
If you acknowledge that you know and understand the contents of the declaration, but object to taking the oath, or if you inform the commissioner that you do not consider the oath to be binding on your conscience, the commissioner must instead administer an affirmation by asking you to say: I truly affirm that the contents of this declaration are true'. You will then be required to sign the declaration in the presence of the commissioner. A deponent (the person taking the oath) who cannot write must make a mark (such as a cross) at the foot of the declaration in the presence of the commissioner. Then the commissioner must certify (below the signature or mark) that the deponent has acknowledged knowing and understanding the contents of the declaration. The commissioner must also state the manner, place and date of making of the oath or affirmation. Thereafter the commissioner signs the declaration and prints his or her full name, business address and designation (for example, 'Attorney of the Supreme Court of South Africa').
Commissioners may not charge a fee for administering an oath or affirmation or for signing a declaration, and may not administer an oath or affirmation relating to a matter in which they have an interest.
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=2124481
Justice of the Peace and Commissioner of Oaths Act
A major influence on the administration of oaths in South Africa came from the Justices of the Peace and Commissioner of Oaths Act, passed in 1963. The act also affected the appointment of justices of the peace.
History
Since its inception, the act has been amended at least 11 times, with the most recent stemming from the Judicial Matters Amendment Act of 1999. The act's original purpose was to consolidate and amend existing laws relative to the appointment, powers and duties of justices of the peace and commissioners of oaths.
Effects
According to the act, the Department of Justice appoints both justices of the peace and commissioners of oaths. A justice of the peace's primary responsibility involves keeping peace and order through the power of the courts, while a commissioner of oath's primary responsibility involves administering an oath to or receiving a legal declaration from a specific person.
Exceptions
The act also stipulates that a person may become a justice of the peace or a commissioner of oaths without being appointed by the Department of Justice. Such a qualification is termed "ex officio," or by means of a position already held. For example, the act lists professional accountants in South Africa as ex officio commissioners of oaths.
http://www.ehow.com/facts_6943814_justice-peace-commissioner-oaths-act.html
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