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'
Thursday 16 August 2018
What is an ex officio commissioner of oaths?
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
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