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The South African Government describes an affidavit as a written statement made under oath, and we’ve put together a guide on how to write an affidavit, should you ever need to. It is for court proceedings and other legal situations to explain what was witnessed and recorded by a person.

Affidavits are probably memorable from your favourite police series and seem like a daunting experience. However, it is a standard procedure and easier than you think.

If you fill out an affidavit, you have sworn that the document is truthful. And if the content is found untruthful, you can be prosecuted. An affidavit is commonly necessary if you need a copy of a lost document or if your child is travelling with another parent or school group. 

You can make an affidavit at any police station, which comes as a form to fill in. Your location can change the affidavit requirements. For example, you may need an authorised affidavit witness to look over your created affidavit. Some affidavit processes have different rules to be accepted in local courts and laws. It is best to check the requirements before getting an affidavit. 

Writing an affidavit is a skill anyone can learn. It is also beneficial in business, finance and law industries. An affidavit is also known as an affidavit of fact or affidavit or truth that is used in proceedings, such as divorce, child support claims and division of the estate. 

A step-by-step guide on writing an affidavit

Step 1: Title the affidavit

The first step of creating an affidavit is making a title. The title states what the affidavit is going to be about. Besides the title, include your name. If your affidavit is made for the court, a caption is required too, As well as the following:

 – The name of the court

 – The city

 – Province

 – Names of each defendant(s) and plaintiff(s) 

 -Your case number. 

 

Step 2: Statement of Identity

This section is a statement of the affiant’s identity – stating your name, age, gender, occupation, place of residence and your relation to the litigant. You can also add other related information to the case. 

A statement of identity checks your relation to the facts in an affidavit. It is not necessary to write your life story, but mainly relevant information about the claims made in the affidavit. 

If your affidavit is to provide an alibi for someone accused of a crime, you need to state how you are related to that person in this section of the affidavit.

 

Step 3: Provide sworn confirmation of your facts

In this part of your affidavit, you swear that your facts are honest and to the best of your knowledge. The statement is equivalent to standing in front of a courtroom and swearing under oath. It is written in the first person context, where you also identify yourself in the confirmation. 

In short, you are just acknowledging that you agree to not lie in the affidavit. It is possible to reconfirm your sworn statement at the end of the affidavit and after you have listed all the facts.

 

Step 4: Listing the facts

This section of the affidavit can be the longest because you have to state all the facts you are knowledgeable of. The section has no length restrictions as long as the information is accurate. 

One helpful tip to complete this section is to avoid injecting your personal opinions or observations. The facts must stay clear, objective and concise, including names, dates, times and addresses. 

Try to arrange your facts in chronological order, with each fact stated in a different paragraph with supporting documents. 

 

Step 5: Repeat your statement of truth

With all your facts out in the open, close your affidavit with another statement of truth. It can be written as a quick summary noting that everything you mentioned before is the truth and to the best of your knowledge. 

This section needs only to be a few sentences long, and you can tweak the language a bit. Most importantly, keep those sentences as similar as possible to what you mentioned at the beginning of your affidavit.

Step 6: Notarise and sign

The final step of completing your affidavit is to notarize the document. Some places allow you to notarise your affidavit remotely. Still, it is preferred to notarize your affidavit in the physical presence of a notary public or an officer with legal authority to administer an oath. 

Any additional exhibits in your affidavit need to be reviewed and signed by a notary as well. To have something notarised, have a form of official documentation available, such as a passport or driver’s license. 

 

Remain honest

Honesty is the best policy when it comes to completing an affidavit.  It is the only policy in this case. The process may seem intimidating, but the above steps will guide you in the right direction.

Sometimes affidavits are filled in if you’re a pedestrian in a road accident. You can use the iER app for emergency care and then fill in an affidavit as part of reporting your case. Ask the officers on-site to assist you in following the proper procedures.