How can I challenge or nullify an affidavit which was signed under false pretenses?

The long answer

As your nephew lied about the affidavit’s purpose and filled it in with false information after it had been signed, it could certainly be legally challenged on the basis of fraud and/or misrepresentation. If you can prove to a court that your late father, his brother and sister were tricked into signing a blank affidavit form which was later filled in with false statements, you have grounds to challenge its validity. The brother and sister who signed would have to prove that they signed the blank affidavit in good faith and that the false statement that your father was transferring the house to your nephew and his mother was not what they had agreed to at all. 

Law Made Simple says that when you depose to an affidavit, the Commissioner of Oaths will, in terms of the Justices of the Peace and Commissioners of Oaths Act 1963, require you to “swear” (that is, confirm under oath) that:

• what you depose to – i.e. the content of the affidavit – is true and correct;

• you have no objection to taking an oath;

• you consider the oath binding on your conscience.

Any person who, in an affidavit, affirmation or solemn declaration makes a false statement, knowing it to be false, commits an offence.

Gawie Le Roux says that you can be charged with perjury if it can be proved that you have lied under oath, which is a very serious charge. He goes on to explain that in legal proceedings, a replying or answering affidavit is made by the party defending against the claims made in the founding affidavit (which would be your nephew’s affidavit). He explains that a replying affidavit addresses the claims made in the founding affidavit, and shows why they are not true. 

So perhaps you should start off by making a sworn affidavit giving all the facts and getting it signed by all those still present who signed the nephew’s affidavit. Then you could take this affidavit, together with a certified copy of the nephew’s fraudulent affidavit, and seek legal help.

You could approach Legal Aid, which is a means-tested organisation that must assist people who can’t afford a lawyer. These are their contact details:  

• Email: [email protected]

• Tel: 0800 110 110 (Monday to Friday 7am to 7pm) 

• Please Call Me: 079 835 7179

You could also approach one of the following organisations:

• Lawyers for Human Rights

Email: [email protected]

Tel: Musina 015 534 2203

Durban: 031 301 0531

Pretoria: 012 320 2943

Johannesburg: 011 339 1960

Cape Town: 021 424 8561

• Legal Resources Centre

Email: [email protected]

Johannesburg: 011 836 9831

Cape Town: 021 481 3000

Durban: 031 301 7572

With regard to information regarding the names of the dependents who were listed on the RDP house application, you would need to take all the documents you have relating to your late father’s RDP house, like the C-form, which is a copy of the application, and/or the Happy Letter, which confirms that the house has been awarded to him, as well as his ID, death certificate, and your own birth certificate to prove your relationship to your late father to the municipality where he made his application for the RDP house. The municipality would have his file where they could find out who the dependents listed on his application were.

Wishing you the best,
Athalie