The Custodian of Records Affidavit is a critical legal document used in South African business and legal contexts when there's a need to formally establish the authenticity and proper maintenance of business, legal, or organizational records. This document becomes particularly important during legal proceedings, audits, or regulatory compliance checks where the validity and proper keeping of records needs to be verified. The affidavit must comply with South African legislation, including the Electronic Communications and Transactions Act, Protection of Personal Information Act (POPIA), and relevant record-keeping regulations. It serves as a formal declaration that can be presented to courts, regulatory bodies, or other authorized parties to confirm the integrity and proper maintenance of specified records.
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1. Deponent Details: Full legal name, identification number, and professional position of the person making the affidavit
2. Authority and Capacity: Statement establishing the deponent's authority to act as custodian and relationship to the organization or records in question
3. Records Description: Detailed description of the records being certified, including their nature, time period covered, and physical or electronic format
4. Custody and Control: Declaration of how and where the records are maintained, stored, and protected
5. Creation and Maintenance: Statement about how the records were created, maintained in the ordinary course of business, and the record-keeping system used
6. Authenticity Declaration: Sworn statement confirming the authenticity and accuracy of the records
7. Commissioner of Oaths Certification: Space for the Commissioner of Oaths to certify the affidavit, including their details and official stamp
1. Electronic Records Certification: Additional declarations specific to electronic records, required when certifying digital documents or databases
2. Chain of Custody: Detailed history of the records' possession and control, needed when records have changed hands or locations
3. Access Control Procedures: Description of who has access to the records and security measures, important for sensitive or confidential records
4. Retention Schedule: Details about the organization's record retention policies, useful when addressing regulatory compliance
1. Schedule A - Detailed Record Inventory: Itemized list of all records being certified, including reference numbers, dates, and descriptions
2. Schedule B - Supporting Documentation: Copies of relevant policies, procedures, or certifications regarding record-keeping systems
3. Appendix 1 - Record Samples: Representative samples or examples of the records being certified, if applicable and appropriate
4. Appendix 2 - System Documentation: Technical documentation of record-keeping systems, particularly relevant for electronic records
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