Legal Position

Oaths.co.za™ operates within the South African legal framework governing the certification of documents as true copies of originals.

Certification of true copies is legally distinct from affidavits and sworn declarations. It is based on a Commissioner of Oaths confirming that a copy corresponds to the original document presented.

Oaths.co.za™ provides a secure digital environment that enables this certification process, supported by verification and audit capabilities designed to enhance trust and traceability.

Oaths.co.za™ operates within the following statutory and regulatory framework:

• Justices of the Peace and Commissioners of Oaths Act, 1963 (Act 16 of 1963)
  Empowers the Minister of Justice to appoint and regulate Commissioners of Oaths.
• Regulation 6 of GN R1258 of 21 July 1972 (as amended)
  Regulates the administration of oaths and affirmations and includes provisions relating to Commissioners of Oaths. 
• Regulation 10 of GN R1258 of 1972
  Requires affidavits, sworn statements, and affirmations to be performed in person.
• Electronic Communications and Transactions Act, 2002 (Act 25 of 2002)
  Section 15 recognises the admissibility and evidentiary reliability of electronic records and electronic signatures. 
• Protection of Personal Information Act, 2013 (Act 4 of 2013)
  Sections 11, 18, 19, and 72 govern lawful processing, notification, and data protection.
• Children’s Act, 2005 (Act 38 of 2005)
  Sections 129–133 set out consent and protection requirements for minors.
• Professional Body Guidance
  Aligned with directives issued by SAIPA, SAICA, and other recognised bodies governing Commissioners of Oaths.

South African law does not prescribe a single statutory process for certifying true copies of documents.

In practice, certification is widely accepted based on the Commissioner of Oaths:

• being presented with an original document 
• comparing it with a copy 
• confirming that the copy corresponds to the original

Oaths.co.za™ supports this process by providing a structured digital environment for document presentation, verification, and certification.

A Commissioner of Oaths remains responsible for the certification of each document.

The Commissioner:

• reviews the document presented 
• applies independent judgment 
• certifies that the copy corresponds to the original

Oaths.co.za™ does not replace the Commissioner of Oaths, but provides tools and verification support to assist in the certification process.

In terms of the Electronic Communications and Transactions Act, 2002 (ECTA):

• electronic records may be used in place of paper-based documents 
• electronic signatures may satisfy legal requirements where applicable 
• certified copies of electronic documents may be recognised if properly certified

Oaths.co.za™ uses secure digital records, audit trails, and verification mechanisms to support the integrity and evidentiary value of certified documents.

Oaths.co.za™ provides verification and audit features designed to support trust, traceability, and compliance in the certification process.

These include:

• real-time verification of certified documents 
• secure digital records associated with each certification 
• tamper-evident controls within the OathsVault™ environment 
• audit records reflecting certification and verification events 

These capabilities are intended to assist third parties in confirming the certification status of documents issued through Oaths.co.za™.

These capabilities are designed to enhance the reliability and traceability of certified copies beyond traditional manual certification processes. 

Certification confirms that a copy corresponds to the original document presented to the Commissioner of Oaths.

Oaths.co.za™ verification tools are designed to support the confirmation of certification status and document integrity within the OathsVault™ environment.

They do not:

• independently verify the issuing authority of the original document 
• confirm the authenticity of the original document beyond what is presented 
• replace institutional due diligence, onboarding, or compliance requirements

Use of Oaths.co.za™ certified documents remains subject to the policies and acceptance criteria of the receiving organisation.

Oaths.co.za™ allows minors aged 16 or 17 who hold a valid Smart ID Card to use the platform for lawful document certification.
This is permitted only once verifiable parental or legal guardian consent has been obtained under the Children’s Act (Act 38 of 2005) and POPIA Sections 11, 18, and 19.

It is preferred and recommended that a Parent or Legal Guardian first register their own verified account and then invite their minor to join via the secure onboarding process.

On 19 August 2025, Oaths.co.za™ (powered by Beantech (Pty) Ltd) filed South African Patent Application No. 2025/06893:
“System and Method for Digital Certification of True Copies of Documents.”

This patent filing relates to proprietary methods and systems developed by Oaths.co.za™ to support secure digital certification and verification processes. 

Oaths.co.za™ is a technology platform that enables duly appointed Commissioners of Oaths to perform lawful certifications. The platform itself does not act as a Commissioner of Oaths; each certification is performed by an authorised individual who bears personal professional responsibility for the certification. 

 For legal, institutional, or regulatory inquiries, please contact: compliance@oaths.co.za