The Respondent challenged the Applicant’s founding and confirmatory affidavits on the basis that the affidavits were commissioned virtually and therefore not “in the presence of” the Commissioner of Oaths.
It was held that the Courts must open themselves to the modern trend of technology. This does not mean that the Court can willy nilly accept non-compliance with acts and regulations, but must be aware of the requirement that there must be substantial compliance with such acts and regulations.
Allen West
Tonkin Clacey Pretoria
Property Law Consultant
+27 (0)12 346 1278
allen@tcpta.co.za
www.tcpta.co.za