THE OATHS AND STATUTORY DECLARATIONS ACT

This section gives the Act’s short title: it may be cited as the Oaths and Statutory Declarations Act.

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: THE OATHS AND STATUTORY DECLARATIONS ACT
Version: Undated source snapshot
Language: en
Official source: View official record ↗

compliance court authority court procedure forms judicial proceedings oaths and affirmations rulemaking

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About this statute

This section gives the Act’s short title: it may be cited as the Oaths and Statutory Declarations Act. This section defines “court,” “judicial proceedings,” and “Minister” for this Act unless the context requires otherwise. Every court has authority to administer an oath or affirmation, including through an authorised officer. Some court witnesses and court interpreters must take an oath, but a person with certain religious objections may instead make a solemn affirmation. Any oath or affirmation made under this Act must be made in the manner and form set by rules made under section 8.

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Provisions of THE OATHS AND STATUTORY DECLARATIONS ACT

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1
Short title
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This section gives the Act’s short title: it may be cited as the Oaths and Statutory Declarations Act.

1. This Act may be cited as the Oaths and Statutory Declarations Act. Interpretation Cap. 192
2
Interpretation
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This section defines “court,” “judicial proceedings,” and “Minister” for this Act unless the context requires otherwise.

2. In this Act, unless the context otherwise requires- “court” includes every person or body of persons having by law or consent of parties authority to receive evidence upon oath or affirmation but does not include a court martial established under the National Defence Act; “judicial proceedings” means proceedings before any court; and “Minister” means the Minister responsible for legal affairs. PART II JUDICIAL OATHS Authority to administer oaths and affirmations

Part

PART II

3
Authority to administer oaths and affirmations
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Every court has authority to administer an oath or affirmation, including through an authorised officer.

3. Every court shall have the authority, itself or by an officer duly authorised by it in that behalf, to administer an oath or affirmation to any person whom it may lawfully examine upon oath or affirmation. 238 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE OATHS AND STATUTORY DECLARATIONS ACT [CAP. 34 R.E. 2023] Persons who may be required to make oath or affirmation
4
Persons who may be required to make oath or affirmation
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Some court witnesses and court interpreters must take an oath, but a person with certain religious objections may instead make a solemn affirmation.

4. Subject to any provision to the contrary contained in any written law, an oath shall be made by- (a) any person who may lawfully be examined upon oath or give or be required to give evidence upon oath by or before a court; or (b) any person acting as interpreter of questions put to and evidence given by a person being examined by or giving evidence before a court: Provided that, where any person who is required to make an oath professes any faith other than the Christian faith or objects to being sworn, stating, as the ground of such objection, either that he has no religious belief or that the making of an oath is contrary to his religious belief, such person shall be permitted to make his solemn affirmation instead of making an oath and such affirmation shall be of the same effect as if he had made an oath. Forms of oaths and affirmations
5
Forms of oaths and affirmations
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Any oath or affirmation made under this Act must be made in the manner and form set by rules made under section 8.

5. Every oath or affirmation made under this Act shall be made in the manner and in the form prescribed by rules made under section 8. Power of court to tender certain oaths
6
Power of court to tender certain oaths
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A court may, if it thinks fit, allow a party or witness in judicial proceedings to give evidence on an oath or affirmation form common to their community or persuasion, so long as it is not against justice or decency and does not affect third persons.

6. Where any party to or witness in any judicial proceedings offers to give evidence on oath or affirmation in any form common amongst, or held binding by, persons of the community or persuasion to which he belongs and not repugnant to justice or decency, and not purporting to affect any third person, the court may, if it thinks fit, notwithstanding the provisions of sections 4 and 5, administer or direct its officer to administer such oath or affirmation to him. Party may offer to be bound by certain oaths or affirmations
7
Party may offer to be bound by certain oaths or affirmations
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In a civil case, if the parties agree, the court may invite a party to make an admission or denial under an oath or affirmation accepted under section 6.

7.–(1) Where, in any judicial proceedings of a civil nature, the parties agree that one of them would be bound by an admission or denial of any fact in issue between them in such proceedings, such admission or denial made by the other party under an oath or other party under an oath or affirmation in such form as may be accepted by a court under section 6, the 239 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE OATHS AND STATUTORY DECLARATIONS ACT [CAP. 34 R.E. 2023] Rules Irregularity not to affect validity of oath court may, if it thinks fit, invite such other party to make such admission or denial under such oath or affirmation. (2) Where the party invited by the court to make an admission or denial in accordance with subsection (1) makes such admission or denial, the admission or denial shall be binding upon the other party and the parties concerned shall thereupon be deemed not to be at issue with regard to the fact so admitted or denied.
8
Rules
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The Chief Justice may make rules about the forms and manner of oaths and affirmations, but only with the Minister’s consent.

8.–(1) The Chief Justice may, with the consent of the Minister, make rules prescribing forms of oaths and affirmations and the manner in which the same may be made. (2) Rules made under this section may prescribe different forms for different courts or for different classes of persons.
9
Irregularity not to affect validity of oath
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An oath or affirmation used in judicial proceedings is still treated as properly taken even if there was an irregularity or a substitution between oath and affirmation.

9. Where in any judicial proceedings an oath or affirmation has been administered and taken, such oath or affirmation shall be deemed to have been properly administered or taken, notwithstanding any irregularity in the administration or the taking thereof, or any substitution of an oath for an affirmation, or of an affirmation for an oath, or of one form of affirmation for another. PART III STATUTORY DECLARATIONS Statutory declaration to be in prescribed form

Part

PART III

10
Statutory declaration to be in prescribed form
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If a person is required or allowed to make a statutory declaration, it must be in the form set out in the Schedule, unless another written law already prescribes a form for that purpose.

10. Where under any law for the time being in force any person is required or is entitled to make a statutory declaration, the declaration shall be in the form prescribed in the Schedule to this Act: Provided that, where under any written law, a form of statutory declaration is prescribed for use for the purposes of that law, such form may be used for that purpose. Power to take statutory declarations Cap. 12
11
Power to take statutory declarations
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A person who is entitled under the Notaries Public and Commissioners for Oaths Act may take a statutory declaration from someone who makes and signs it voluntarily before them.

11. It shall be lawful for any person entitled under the provisions of the Notaries Public and Commissioners for Oaths Act to exercise the powers of a notary public or a commissioner for 240 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE OATHS AND STATUTORY DECLARATIONS ACT [CAP. 34 R.E. 2023] oaths to take a statutory declaration of any person voluntarily making and subscribing the same before him. Omitted 12-15. [Omitted.] SCHEDULE (Made under section 10) I, A, B do solemnly and sincerely declare as follows: (here state the matters declared) …………………………………………………………..………… I, the said A, B, make this declaration conscientiously believing the same to be true and in accordance with the provisions of the Oaths and Statutory Declarations Act. This declaration is made and subscribed by the said A, B who is known to me personally (or who has been identified to me by ....................................................... the latter being known to me personally) this ............... day of ...................., 2023 ........................................... (Signature of the person making the declaration) (Signature, qualification and address of the person taking the declaration) 241 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

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