Thursday, August 16, 2018

What an ex officio commissioner of oaths is.

What is an ex officio commissioner of oaths?

Ex Officio is a Latin phrase that means someone is something or other because of a position or office they hold.

To quote the Oxford Dictionary of English

'ex officio /ˌɛks əˈfɪʃɪəʊ  /
▸ adverb & adjective by virtue of one's position or status:
[as adjective] an ex officio member of the committee.
– ORIGIN Latin, from ex ‘out of, from’ + officium ‘duty’.'

I am an ex officio commissioner of oaths, as an admitted (and in my case practising) attorney.

'Ex officio commissioners of oaths.—The Minister may, by notice in the Gazette, designate the holder of any office as a commissioner of oaths for any area specified in such notice, and may in like manner withdraw or amend any such notice.'

S 6 of the JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS ACT NO. 16 OF 1963

The regulation under which ex officio commissioners of oaths are appointed is: GN 903 of 10 July 1998:  Designation of Commissioners of Oaths in terms of section 6 of the Justices of the Peace and Commissioners of Oaths Act, 1963, which states:

'I, Abdulah Mohamed Omar, Minister of Justice, hereby, under section 6 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), designate the holders of the offices listed in the Schedule to be commissioners of oaths for the Republic of South Africa with effect from the date hereof.'

S 2 of the said schedule makes the following commissioners of oaths ex officio:

'2.   Administration of justice

(a)

Advocate admitted in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964); Admission of Advocates Act, 1964 (Act No. 74 of 1964) as applicable on 6 December 1977 (former Republic of Bophuthatswana); and the Admission of Advocates Amendment Proclamation No. 1 of 1992 (former Republic of Venda).

(b)

Attorney admitted in terms of the Attorneys Act, 1979 (Act No. 53 of 1979); Attorneys, Notaries and Conveyancers Act, 1984 (Act No. 29 of 1984) (former Republic of Bophuthatswana); Attorneys Act, 1987 (Act No. 42 of 1987) (former Republic of Venda); and Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act No. 23 of 1934) (former Republic of Transkei).

(c)

Clerk of the Court and Assistant Clerk of the Court.

(d)

Judge’s Secretary.

(e)

Justice of the Peace.

( f )

Messenger of the Court.

(g)

Magistrate.

(h)

Notary admitted in terms of the Attorneys Act, 1979 (Act No. 53 of 1979); Attorneys, Notaries and Conveyancers Act, 1984 (Act No. 29 of 1984) (former Republic of Bophuthatswana); and Attorneys Act, 1987 (Act No. 42 of 1987) (former Republic of Venda).

(i)

Peace Officer.

( j)

Sheriff, Additional Sheriff and Deputy Sheriff.

(k)

Sworn translator admitted and enrolled in terms of rule 59 of the Rules of the Supreme Court of South Africa; Supreme Court of Bophuthatswana Act, 1982 (Act No. 32 of 1982) (former Republic of Bophuthatswana); and Supreme Court Decree No. 43 of 1990 (former Republic of Ciskei).'

Many other offices in various areas of public life are also made ex officio commissioners of oaths in terms of the regulation, with various offices being assigned the status under the following main categories, to quote the index of the schedule:

'SCHEDULE

ARRANGEMENT OF REGULATIONS

 
1.

National Executive

2.–3.

Administration of justice

4.–5.

Agricultural Research Council

6.

Armscor

6A.

Association of Chartered Certified Accountants

6Aa

Association of Accounting Technicians (SA)(“AAT(SA)”)

6Ab

Association of Certified Fraud Examiners South Africa Chapter

6B.

Chartered Institute of Management Accountants

7.

Auditor-General, Office of

8.

Aventura Limited

9.

Banking institution registered in terms of the Banks Act, 1990 (Act No. 94 of 1990), and the Mutual Banks Act, 1993 (Act No. 124 of 1993)

10.

BMW (South Africa) (Pty) Ltd

11.

Board of Executors as defined in regulation 1 of the regulations published by Government Notice R.910 of 22 May 1968

11A.

Bosasa Security (Pty) Ltd

11Ba.

BoE Stockbrokers (Pty) Limited

11Bb.

BoE (Pty) Limited

12.

Building society registered in terms of the Building Societies Act, 1986 (Act No. 82 of 1986)

13.

Census and statistics

14.

Chambers of industries and of commerce, national organisations/associations registered in terms of section 21 of the Companies Act, 1973 (Act No. 61 of 1973), and trade unions and employers’ organisations or federations of such trade unions or employers’ organisations registered in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995)

14A.

Chartered Secretaries Southern Africa

15.

Co-operative registered or deemed to be registered in terms of the Co-operatives Act, 1981 (Act No. 91 of 1981)

15A

Co-operative incorporated as a company in terms of section 161A  of Co-operatives Act, 1981 (Act No. 91 of 1981), read with section 63 of the Companies Act, 1973 (Act No. 61 of 1973)

16.

Council for Mineral Technology established in terms of the Mineral Technology Act, 1989 (Act No. 30 of 1989)

16A.

Credo

17.

CSIR

18.

Department of Correctional Services

19.

Development Bank of Southern Africa

20.

Durban City Police

21.

Educational institution

22.

Eskom

23.

First National Asset Management and Trust Company (Proprietary) Limited

23A.

Financial Planning Institute of Southern Africa

24.

Foundation for Research Development including the National Accelerator Centre, the South African Astronomical Observatory and the Hartebeesthoek Radio Astronomy Observatory

25.

Gold Fields Security Limited

26.

Health services

26A.



27.

Special Investigating Unit

28.

Indigent Subsidy Scheme of the Municipality of Port Elizabeth

29.

Industrial Development Corporation of South Africa Limited, established by section 2 of the Industrial Development Act, 1940 (Act No. 22 of 1940)

29A.

Institute of Accounting and Commerce

29B.

Institute of Certified Bookkeepers and Accountants

29C.

Institute of Internal Auditors South Africa

30.

Insurer registered in terms of the Insurance Act, 1943 (Act No. 27 of 1943)

31.

Joint Municipal Pension Fund

32.

Ithala Development Finance Corporation Limited

33.

Land and Agricultural Bank of South Africa

34.

Marriage Officer

34A.

. . . . . .

35.

Mining industry

35A.

NAMAC Trust

36.

National Defence Force

37.

National Key Points declared in terms of the National Key Points Act, 1980 (Act No. 102 of 1980)

38.

National Petroleum Refiners of South Africa Proprietary Limited

39.

National Training Board established by section 3  of the Manpower Training Act, 1981 (Act No. 56 of 1981)

40.

Nissan South Africa (Pty) Ltd

41.

Nuclear Development Corporation of South Africa (Pty) Ltd

42.

Old-age homes and retirement resorts

43.

Parliament

44.

Patents

45.

Political party registered in terms of section 18 of the Electoral Act, 1993

46.

Posts and Telecommunications

46A

PricewaterhouseCoopers Advisory Services (Pty) Ltd – Forensic Services Department

47.

Provincial Government

48.

Public Service Commission

49.

Public Service

50.

Rand Water

51.

Referendums

52.

Registration of deaths

53.

Sasol Marketing Company Limited

53A

SA Board for People Practices

54.

Sasol Townships Limited

55.

Sheltered employment factories under the control of the Department of Labour

56.

Small Business Development Corporation Limited

57.

South African Agricultural Union

58.

South African Coal, Oil and Gas Corporation Limited

59.

South African Development Trust Corporation Limited referred to in section 12 of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991)

60.

South African Gas Distribution Corporation Limited

61.

South African Housing Trust Limited

61A.

South African Institution of Chartered Accounts

61B.

South African Institute of Professional Accountants

61C.

South African Institute of Tax Professionals

62.

South African Iron and Steel Industrial Corporation Limited

62A.

South African Maritime Safety Authority

63.

South African Police Service

64.

South African Post Office Limited

65.

South African Reserve Bank established by section 9  of the Currency and Banking Act, 1920 (Act No. 31 of 1920)

66.

South African Revenue Service

66A.

South African Social Security Agency, established in terms of section 2 of the South African Social Security Agency Act, 2004 (Act No. 9 of 2004)

66B.

Southern African Institute for Business Accountants

66C.

Southern African Institute of Government Auditors

67.

Staff Management Board, established in terms of section 4  of the Post Office Service Act, 1974 (Act No. 66 of 1974)

67A.

Strata Healthcare Management Ltd

68.

Strategic Fuel Fund Association

69.

South African Geomatics Council

70.

Tattersalls

71.

Technikon established by or under any Act

72.

Telkom South Africa Limited

72A.

Traditional leaders

73.

Transnet Limited, including business undertakings and units thereof

74.

Trust Company as defined in regulation 1 of the regulations published by Government Notice No. R.910 of 22 May 1968

75.

University

76.

Uranium Enrichment Corporation of South Africa (Pty) Ltd.

77.

President Kruger Children’s Home Pretoria'

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