Reason being: Affidavits are statements made under oath or affirmation.
They represent the personal knowledge, belief, or intention of the deponent (the person swearing to it).
This cannot be delegated — only the person who actually has knowledge of the facts may depose to the affidavit.
A power of attorney authorises acts and signatures, but it cannot extend to making sworn statements.
The reason is that an oath cannot be taken vicariously; it must be made by the person who personally knows and affirms the contents.
Legal position
Courts have consistently held that an affidavit made by an agent under a power of attorney has no evidentiary value, unless the agent is personally able to testify to the facts from his own knowledge.
Allen West
Property Law Consultant
HANNES GOUWS AND PARTNERS INC.
Attorneys, Notaries & Conveyancers
Tel: 012 321 1008
Cell 078 7655928
E-mail: allen@hannesgouws.co.za
Author of The Practitioners Guide to Conveyancing and Notarial Practice 3rd Edition
