Claims Procedure

FRAMEWORK FOR A SWORN AFFIDAVIT IN SUPPORT OF A CLAIM

All affidavits in support of a claim should contain the following

  1. Full name (first name and last name) of the deponent.
  2. Identity number, full residential address and, where applicable, telephone number, business address and telephone number, cellular phone number, e-mail address, fax number, occupation and particulars of position occupied at place of business of the deponent.
  3. A declaration that the affidavit is intended:
  4. to serve as a statement for the submission of a claim against the Fund, and
  5. for the purpose of registering a case dossier to enable the South African Police Service to investigate a criminal case. The deponent should explicitly request the South African Police Service to investigate a criminal complaint against the defaulting attorney.
  6. A statement by the deponent that he/she is aware that the affidavit may be made available to the accused’s legal representatives, at their request, during the course of a criminal prosecution, that he/she acknowledges that the accused’s legal representatives may consult him/her prior to the court proceedings, and that he/she has the right to accede to or decline such a request. The affidavit should record his/her intention to consent to or refuse such a consultation.
  7. Full particulars of the facts giving rise to the claim and/or criminal charge, including
  8. an allegation that there was an entrustment of money or property to the practitioner, with a detailed description as to how such entrustment occurred.
  9. precise details as to how the amount claimed is arrived at, by deducting from the amount entrusted to the practitioner any payments made by the practitioner to or on behalf of the deponent, as also any fees due to the practitioner by the deponent.
  10. an allegation that the amount claimed was stolen by the practitioner and that the deponent will suffer pecuniary loss if such amount is not reimbursed to him/her.

In every case in which reference is made to supporting evidence, such evidence (i.e. photocopies of the deponent’s ledger account in the practitioner’s accounting records, receipts, paid cheques, deposit slips and relevant correspondence) must be appended to the affidavit. The deponent should as far as possible append original documentation, especially paid cheques.

Kindly note that the affidavit should comply in all respects with the provisions of the Justices of the Peace and Commissioners of Oaths Act, No. 16 of 1963, and any regulations made thereunder, particularly with regard to the attestation thereof by an independent Commissioner of Oaths.