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
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).
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).
Clerk of the Court and Assistant Clerk of the Court.
Justice of the Peace.
( f )
Messenger of the Court.
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).
Sheriff, Additional Sheriff and Deputy Sheriff.
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:
ARRANGEMENT OF REGULATIONS
Administration of justice
Agricultural Research Council
Association of Chartered Certified Accountants
Association of Accounting Technicians (SA)(“AAT(SA)”)
Association of Certified Fraud Examiners South Africa Chapter
Chartered Institute of Management Accountants
Auditor-General, Office of
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)
BMW (South Africa) (Pty) Ltd
Board of Executors as defined in regulation 1 of the regulations published by Government Notice R.910 of 22 May 1968
Bosasa Security (Pty) Ltd
BoE Stockbrokers (Pty) Limited
BoE (Pty) Limited
Building society registered in terms of the Building Societies Act, 1986 (Act No. 82 of 1986)
Census and statistics
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)
Chartered Secretaries Southern Africa
Co-operative registered or deemed to be registered in terms of the Co-operatives Act, 1981 (Act No. 91 of 1981)
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)
Council for Mineral Technology established in terms of the Mineral Technology Act, 1989 (Act No. 30 of 1989)
Department of Correctional Services
Development Bank of Southern Africa
Durban City Police
First National Asset Management and Trust Company (Proprietary) Limited
Financial Planning Institute of Southern Africa
Foundation for Research Development including the National Accelerator Centre, the South African Astronomical Observatory and the Hartebeesthoek Radio Astronomy Observatory
Gold Fields Security Limited
Special Investigating Unit
Indigent Subsidy Scheme of the Municipality of Port Elizabeth
Industrial Development Corporation of South Africa Limited, established by section 2 of the Industrial Development Act, 1940 (Act No. 22 of 1940)
Institute of Accounting and Commerce
Institute of Certified Bookkeepers and Accountants
Institute of Internal Auditors South Africa
Insurer registered in terms of the Insurance Act, 1943 (Act No. 27 of 1943)
Joint Municipal Pension Fund
Ithala Development Finance Corporation Limited
Land and Agricultural Bank of South Africa
. . . . . .
National Defence Force
National Key Points declared in terms of the National Key Points Act, 1980 (Act No. 102 of 1980)
National Petroleum Refiners of South Africa Proprietary Limited
National Training Board established by section 3 of the Manpower Training Act, 1981 (Act No. 56 of 1981)
Nissan South Africa (Pty) Ltd
Nuclear Development Corporation of South Africa (Pty) Ltd
Old-age homes and retirement resorts
Political party registered in terms of section 18 of the Electoral Act, 1993
Posts and Telecommunications
PricewaterhouseCoopers Advisory Services (Pty) Ltd – Forensic Services Department
Public Service Commission
Registration of deaths
Sasol Marketing Company Limited
SA Board for People Practices
Sasol Townships Limited
Sheltered employment factories under the control of the Department of Labour
Small Business Development Corporation Limited
South African Agricultural Union
South African Coal, Oil and Gas Corporation Limited
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)
South African Gas Distribution Corporation Limited
South African Housing Trust Limited
South African Institution of Chartered Accounts
South African Institute of Professional Accountants
South African Institute of Tax Professionals
South African Iron and Steel Industrial Corporation Limited
South African Maritime Safety Authority
South African Police Service
South African Post Office Limited
South African Reserve Bank established by section 9 of the Currency and Banking Act, 1920 (Act No. 31 of 1920)
South African Revenue Service
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)
Southern African Institute for Business Accountants
Southern African Institute of Government Auditors
Staff Management Board, established in terms of section 4 of the Post Office Service Act, 1974 (Act No. 66 of 1974)
Strata Healthcare Management Ltd
Strategic Fuel Fund Association
South African Geomatics Council
Technikon established by or under any Act
Telkom South Africa Limited
Transnet Limited, including business undertakings and units thereof
Trust Company as defined in regulation 1 of the regulations published by Government Notice No. R.910 of 22 May 1968
Uranium Enrichment Corporation of South Africa (Pty) Ltd.
President Kruger Children’s Home Pretoria'
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