Affidavit of Service (Proof of Service)
Swear under oath that you delivered legal documents — such as a summons, notice of motion, subpoena, or letter of demand — to a party in legal proceedings. Courts require proof of service before a matter can proceed, and while the sheriff of the court ordinarily serves court process and files a return of service, an affidavit of service is used where documents were served by another person or where a court or tribunal requires sworn proof of delivery.
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Download Blank TemplateAffidavit of Service (Proof of Service) Affidavit — Frequently Asked Questions
Who can serve court documents in South Africa?
Court process such as a summons or notice of motion is ordinarily served by the sheriff of the court appointed for the area, who then files a return of service as proof. Certain documents — such as letters of demand, notices, and some documents in magistrates' court and tribunal matters — may be delivered by another adult, in which case an affidavit of service signed before a Commissioner of Oaths provides the sworn proof of delivery the court or tribunal requires.
What is an affidavit of service and why do courts require it?
An affidavit of service is a sworn statement in which the person who delivered legal documents confirms when, where, how, and on whom they were served. Courts require proof of service to be satisfied that the other party received proper notice, because a matter generally cannot proceed — and a default judgment cannot be granted — without acceptable proof of service on file. The affidavit can be commissioned free of charge at any SAPS police station.
How do I make a affidavit of service (proof of service) affidavit legally valid in South Africa?
Fill in the affidavit of service (proof of service) affidavit, print it, and sign it in front of a Commissioner of Oaths — do not sign beforehand. Bring your ID document. Commissioning is free at any SAPS police station, and Commissioners of Oaths are also available at banks, post offices, and attorneys' offices.
Is this affidavit of service (proof of service) affidavit template free?
Yes. You can generate a completed affidavit of service (proof of service) affidavit PDF or download a blank printable template completely free, with no sign-up required. Your information is used only to generate the document and is not stored after the PDF is created.