Framework for a Sworn Affidavit in support of a Claim
All affidavits should contain the following:
- Full names (first name(s) and surname) of the deponent(s).
- Identity number, full residential address, home telephone number, work address and telephone number, cellular phone number, e-mail address, fax number, occupation and particulars of post occupied. (Attach a copy of the claimant’s identity document to the affidavit)
- A declaration that the affidavit is intended:
- to serve as a statement for the submission of a claim against the Fund; and
- for the purpose of registering a case dossier to enable the SAPS to investigate a criminal case. The deponent should explicitly request the SAPS to investigate a criminal complaint.
- 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 and 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 request.
The affidavit shall record his/her intention to consent to or refuse such consultation.
Full particulars of the facts giving rise to the claim and/or criminal charge, including:
- An allegation that there was an entrustment of money or property to the attorney, with a detailed description as to how such entrustment occurred.
- Precise details as to how the amount claimed is arrived at, by deducting from the amount entrusted to the attorney any payments made by the attorney to or on behalf of the deponent, and also any fees due to the attorney by the deponent.
- An allegation that the amount claimed was stolen by the attorney and that the deponent will suffer pecuniary loss if such amount is not reimbursed to him/her. Kindly note that the affidavit should in all respects comply with the provisions of the Justices of the Peace and Commissioners of Oaths Act, No. 16 of 1963, and any regulations made thereunder.
Correspondence with respect to every claim should bear the claim reference number of the Fund and be addressed to:
The Claims Executive,
Legal Practitioners Fidelity Fund,
P O Box 3062
CAPE TOWN, 8000 OR
Docex 154, CAPE TOWN
Tel. No: (021) 424 5351
Fax No: (021) 423 4819